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Professional misconduct (Police)
The Commission received fifteen complaints from
individuals against the conduct of the Fiji Police Force.
The nature of complaints received by the Commission
included allegations of police inaction in dealing with
complaints including laying false charges, delay by the
Police in initiating investigations, complaints of bias
in the course of investigations, police inaction with
arresting suspects in breach of the Domestic Violence
Restraining Order and allegations of harassment by
police.
Section 11 (2) – Right to Security
and Freedom from violence
(Corrections Brutality)
The Commission received 21 complaints from
inmates at various correction facilities claiming
brutality by correction officers. The nature of brutality
included physical assaults. Consistent with the
requirements set out under section 32 of the Human
Rights and Anti-Discrimination Commission Act,
the Commission has brought these allegations to
the attention of the Commissioner of Corrections
and requested for independent investigations while
the Commission conducted its own independent
investigations to ascertain the veracity of these claims.
The Commission is required by the Fiji Corrections
Service to make a written request for visitation to
respective Corrections facilities.
Professional misconduct
(Corrections)
The Commission received a complaint of professional
misconduct against Fiji Corrections Service in a
matter where an inmate alleged that his ring was
taken from him by force. The inmate was also told to
hold a mobile phone while the Corrections Officers
took photo of him so that he could be implicated for
Section 12 – Freedom from
unreasonable search and seizure
The Commission received seven complaints in breach
of section 12 of the Fijian Constitution. In most
cases, it was alleged that the complainants houses
were raided without a search warrant. In other
matters, it was alleged that inmates were searched
by Corrections officers while under the influence of
liquor during working hours.
Section 13 – Rights of Arrested and
Detained Persons
The Commission received fourty complaints in breach
of section 13 of the Fijian Constitution. In most cases,
the complainants raised concern over the deplorable
condition of cell blocks. Other matters included
the relatives of arrested and detained persons being
denied visitation rights, arrested persons deprived of
their right to a legal counsel, failure of police officers
in informing arrested persons of their constitutional
rights under detention, non-provisioning of an
interpreter during caution interview of a Bulgarian
national, cell overcrowding and non-provisioning of
medical attention by police.
Section 16 – Executive and
Administrative Justice
The Commission received a complaint in breach of
an individual’s rights guaranteed under section 16 of
the Fijian Constitution. The victim’s father alleged
that his daughter was forced to consume weed killer
– commonly known as paraquat. The victim’s father
further alleged that the DPP counsel handling this
matter informed him that there was insufficient
evidence to make a case.
Section 20 – Employment Relations
The Commission received twenty one complaints
in relation to the breach of section 20 of the Fijian
Constitution. Allegations included termination from
employment, forced redundancies, forced resignations,
breach of employment contract, non-renewal of
employment contract and workplace bullying.
ANNUAL REPORT 2018
The Commission received seventeen complaints in
breach of section 11(2) of the Fijian Constitution.
Allegations included physical assault of suspects
during arrest and while in custody.
being in possession of contraband.
FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
Section 11 (2) – Right to Security
and Freedom from violence (Police
Brutality)