The Fiji Human Rights and Anti-Discrimination Commission has said in a statement that Ben Padarath should lodge a complaint with them if he feels his rights have been violated.
This is after some people were claiming on social media that the Commission did not do anything for Padarath with regards to his FICAC case where he has been charged with one count of sedition, attempting to defeat the course of justice, destroying evidence and disobedience of lawful orders.
Padarath was remanded in custody by the Suva Magistrates Court last Thursday and the case will be called again this Thursday.
In a statement, Director of Human Rights Commission Ashwin Raj has questioned that if they are going to be an arbiter of who should be charged and who should not, then why are they not doing this in all cases and why is there such an inordinate interest in the case of Padarath.
Raj says since we harp a lot about the need for institutions to operate independently, shouldn’t this matter be dealt with appropriately by an independent and impartial judiciary rather than the kangaroo court of the social media.
He also says that Padarath cannot be compared with the victim of police brutality in Naqia where the Commission conducted investigations on its own motion.
Raj says they proceeded with investigations on its own motion in the Naqia case because the victim had been gruesomely beaten and hospitalized.
He says the victim had no access to a legal counsel and no one had lodged a complaint on his behalf.
Raj says Padarath on the other hand, has access to a legal counsel with select media and politicians speaking vociferously on his behalf.
The Director adds it is imperative that the court determines whether Padarath’s right to free speech and whether his rights as an arrested, detained and accused person has been violated.
Raj says if they are going to vehemently protect the right to free speech then we should have also stood up for the child who was vilified on social media under the guise of free speech but no one said a word.
