The Human Rights and Anti-Discrimination Commission says they are of the view that there was excessive use of force during the arrest of the 32-year-old man from Naqia by Police officers resulting in cruel, inhumane, degrading or disproportionately severe treatment.
The man was allegedly assaulted and thrown off a bridge by a group of police officers dressed in civilian clothing on 14th April 2020.
Commission Director Ashwin Raj says their investigations was based on the available evidence including medical records and victim and witness statements.
He says pursuant to section 30 of the Human Rights and Anti-Discrimination Commission Act, the Commission conducted an independent investigation into the matter on its own motion with the intention of providing redress to the victim.
Raj says excessive force amounting to gratuitous violence constitutes an infraction of section 11 (1) of the Fijian Constitution which expressly provides that “every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhuman, degrading or disproportionally severe treatment or punishment”.
He says it is also contrary to section 10(3) of the Criminal Procedure Act 2009 which states that: “nothing in this section justifies the use of greater force than is reasonable in the particular circumstances of the arrest, or is necessary for the apprehension of the offender” and is an interdiction of sections 255 (a) and 275 of the Crimes Act 2009 adding that the Section 255 (a) of the Crimes Act 2009 provides that “A person commits an indictable offence if he or she, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person— (a) unlawfully wounds or does any grievous harm to any person by any means” while section 275 of the Crimes Act 2009 provides that “A person commits a summary offense if he or she commits an assault occasioning actual bodily harm”.
Raj further says such acts of violence are also contrary to our human rights obligations under international law.
He adds international human rights instruments prescribe standards and norms for law enforcement agencies such as Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, International Covenant on Civil and Political Rights (ICCPR) and Universal Declaration of Human Rights.
The Commission has submitted its full report to the Fiji Police Force and will await the outcome of their investigations as well as instructions from the victim.
Meanwhile, Police have said that the investigation file is with the Office of the Director of Public Prosecutions for independent legal advice.
The nine Police officers remain suspended.
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