The Human Rights and Anti-Discrimination Commission has received a complaint from members of the Grace Road Church in relation to the manner in which some of their members were taken into custody by state officials, use of alleged force during detainment, alleged denial of access to a lawyer while detained at the Suva Remand Centre; and the Church being labelled as a cult.
Commission Chair, Pravesh Sharma says one member was also allegedly denied a visa to re-enter Fiji.
He says persons awaiting deportation should be kept in immigration safehouses rather than at remand centres since they have not been charged with offences.
The Commission Chair says detained persons should have access to their lawyers and to other human rights defenders.
Sharma says the Grace Road Church members facing deportation must be given the right to challenge their detention and deportation.
He says they have a legitimate expectation that their rights will be complied with.
Section 13(1)(i) of the Constitution of the Republic of Fiji allows detained persons to challenge the lawfulness of their detention before a court, and if their detention is unlawful, to be released.
Sharma also says the Grace Road Church members should not be deported until the final Appellate Court hears and determines the matter. The Commission is also concerned over the use of the word, ‘cult’ to describe the Grace Road Church as the word can be viewed as derogatory. Sharma says Section 22 of the Constitution of the Republic of Fiji ensures all persons the right to freedom of religion, conscience and belief.
He says the Government Departments and state officials dealing with these matters should comply with the rule of law.
Grace Road Fiji President, Daniel Kim has been declared a prohibited immigrant and is in immigration custody.
Minister for Immigration, Pio Tikoduadua has said the Fiji Government has nothing against Grace Road Group Fiji but it is a matter between the Government of South Korea and the 7 persons that they have identified to be fugitives.
While receiving a petition from more than 20 employees of Grace Road Group, Tikoduadua says the government has it’s obligations based on the relationship with other governments.
He stresses his job is to uphold the law as it will always come first but we should also recognise that there are rights for everyone.
