The High Court in Suva has ruled in favor of a man who was wrongfully imprisoned, awarding him $4,000 in damages along with interest. This decision marks a significant victory for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which underscored the unlawful nature of false imprisonment.
The individual, referred to as Dutt, had initially been sentenced to 18 months in prison with a non-parole period of 12 months. However, due to an error in calculating his remission, he served an additional four months beyond his intended release date. The commission highlighted that Dutt should have benefited from a six-month remission for good behavior, which would have allowed for his release after 12 months. Instead, he remained incarcerated for 16 months.
The FHRADC noted that Dutt’s extended imprisonment arose from a misapplication of remission rules by the Fiji Correction Services, which only applied remission to the remaining sentence after the non-parole period, leading to confusion. The Commission clarified that the correct approach requires that inmates with non-parole periods should still be eligible for computed remissions, ensuring they are released as intended once they serve their non-parole term.
This ruling serves as a beacon of hope for the protection of human rights in Fiji, emphasizing the importance of lawful detention practices and reinforcing the need for accountability within the correctional system. It is a reminder that the judiciary plays a pivotal role in safeguarding individual rights against unlawful actions.
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