the complaint has an existing remedy or appeal which ought to be used in the first instance;
the subject matter of the complaint is more than 12 months old;
there is insufficient personal interest.
1.3.2 Human Rights
The main objective of the NHRI as the second mandate of the Office is to actively “promote and protect
human rights and freedoms in Samoa as the National Human Rights Institution (NHRI)”.
The NHRI functions to bridge the protection gap between the rights of individuals and responsibilities of
the State (Samoan Government) through;
Monitoring Samoa’s performance in meeting its international human rights commitments
through its State of Human Rights reports and places of detention inspections report;
Review if existing and proposed legislation to ensure consistency with human rights law;
Providing advice to the Samoan Government so that it meets the domestic and international
human rights commitments;
Conducting visits to all public places of voluntary and involuntary confinement or detention;
Undertaking human rights education awareness and training programs into villages and the
community;
Engaging with the international human rights partners to raise pressing issues and advocate for
recommendations that can be made to the Samoan Government;
Participating in judicial proceedings as a friend of the court or as a party where human rights
issues arise;
Providing information to the International Human Rights Council and other treaty monitoring
bodies through shadow reporting and submissions;
All of this is achieved through the celebration and protection of the Samoan culture, dignity and
respect ingrained in the FaaSamoa.
1.3.3 Special Investigations (SIU)
In addition to the abovementioned mandates, the SIU functions to address misconduct in agencies
exercising the coercive powers of the State and to conduct special investigations as maybe authorized. It
is responsible to;
receive, investigate and determine any complaints about a police officer, prison officer or officer
of other prescribed disciplined force.
The Unit however is not to investigate any matter that is being investigated or inquired into by the Police,
Prisons or prescribed force under their respective Acts, unless an exception applies which include
situations where the Ombudsman has reasons to believe that;
there is an abuse of process by the Police, Prisons or prescribed disciplined force; or
there has been an unreasonable delay in the investigation; or
the matter has not been appropriately investigated.
Office of the Ombusman/NHRI Samoa Annual Report 2019/20
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