The treatment of prisoners, including their release, does not require referral to the line minister or any other office according to the Fiji Corrections Service.
They say these are strictly operational matters entrusted to the discretion of the Commissioner under the Corrections Act and Regulations.
Responding to public concerns and to clarify the misconceptions regarding the role of the Commissioner of Corrections, particularly with the recent release of former Prime Minister Voreqe Bainimarama, the Fiji Corrections Service says that Bainimarama’s application for early release was assessed following Section 46(3) of the Corrections Act, which sets out clear eligibility criteria, including security classification and medical considerations.
They say as an inmate, Bainimarama’s case was evaluated impartially based on procedural justice, his conduct while in custody, and his health condition.
The Corrections Service says it is essential to emphasise that the FCS does not consider a prisoner’s political background or public status when making decisions.
They add the decision to grant early release was made strictly within the framework of corrections policy and law, ensuring fairness, transparency, and adherence to due process in all cases.
They say these are strictly operational matters entrusted to the discretion of the Commissioner under the Corrections Act and Regulations.
The Corrections Service says the Office of the Commissioner of Corrections holds an independent constitutional office, and its integrity must be upheld and safeguarded.
They say this independence protects the government from allegations of undue influence regarding operation matters.
The Corrections Service says the doctrine of separation of powers ensures that government responsibilities are divided among distinct branches to prevent the concentration of power and maintain checks and balances.
They add that no individual or entity exercises absolute control over governance, safeguarding democracy and the rule of law.
It says as an independent constitutional office, the Commissioner of Corrections operates under the Constitutional Offices Commission (COC) alongside the Commissioner of Police and the Commander of the Republic of Fiji Military Forces (RFMF).
They say that under Section 135 of the Constitution, these constitutional officers are not subject to direction or control by any other person except as provided by the Constitution or a written law.
It further says that the Commissioner of the Fiji Corrections Service under section 130(5) is responsible for overseeing the organisation and administration of the Fiji Corrections Service and managing the deployment and control of its operations.
FCS adds in subsection (6), that the Commissioner operates independently and is not subject to direction or control by any other person or authority in these matters.
Meanwhile, Prime Minister Sitiveni Rabuka had earlier said that as a matter of courtesy, Fiji Corrections Commissioner, Doctor Jalesi Nakarawa should have informed Minister for Justice, Siromi Turaga regarding the early release of former Prime Minister, Voreqe Bainimarama.
While speaking to fijivillage News, Rabuka says he has retrospectively looked at the chronological sequence of events related to Commissioner Nakarawa, and the release of Bainimarama, and has rued the fact that, although not dictated by statutes, the Commissioner should have, purely as a matter of courtesy, informed the Minister, who would have informed the Prime Minister.
Rabuka says this would avoid the question asked by the people whether the government’s left hand knows what the right hand is doing.
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