The High Court in Suva has granted $4,000 in damages, along with interest, to a man named Dutt after ruling he was wrongfully imprisoned. This significant decision represents a victory for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which emphasizes that false imprisonment occurs when an individual is unlawfully detained.
According to the FHRADC’s statement, Dutt was initially sentenced to 18 months in prison, with a non-parole period of 12 months. Under normal circumstances, he should have been eligible for a remission that would allow for his release after serving 12 months due to good behavior. However, Dutt ended up serving a total of 16 months, which included an additional four months beyond his release eligibility.
The discrepancy stemmed from the outdated practices within the Fiji Correction Services, which incorrectly calculated remission eligibility. The Commission pointed out that the method employed resulted in Dutt receiving only two months of remission instead of the appropriate allowance.
This ruling not only holds the state accountable for wrongful imprisonment but also reinforces the importance of fair treatment within the justice system. It encourages corrections to reassess their practices to prevent future injustices.
Overall, this case sets a positive precedent for upholding the rights of individuals and ensuring just practices in incarceration, reflecting a growing commitment to human rights in Fiji.
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