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6 judgments found.


Takiveikata v. State

Country: Fiji
Year: 2008
Court: High Court
Citation: 2008] FJHC 315
Health Topics: Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

An application to the High Court for a stay of proceedings was made on behalf of ten defendants, facing a charge of conspiracy to murder. The prosecution alleged that the defendants had agreed to murder the Prime Minister, Minister of Finance and the Attorney General. The case for the prosecution relied on the testimony of …Read more

Tags: Abuse, Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Law enforcement, Military
Download Judgment: English

Proceedings Commissioner, Fiji Human Rights Commission v. Commissioner of Police

Country: Fiji
Year: 2006
Court: Court of Appeals
Citation: [2006] FJCA 75
Health Topics: Informed consent
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to privacy
Facts:

The Proceedings Commissioner at the Fiji Human Rights Commission brought a claim on behalf of J, against the Commissioner of Police, for alleged breaches of ss 25(2)[1] and 27(1)(f)[2] of the Constitution. J, who was working at the Village 6 Cinema Complex, found a new born baby in a toilet. The police were called and …Read more

Tags: Compulsory examination, Degrading treatment, Forced examination, Humiliating treatment, Involuntary examination, Mandatory examination
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Naushad Ali v. State

Country: Fiji
Year: 2002
Court: High Court
Citation: Criminal Appeal No. HAA 0083 of 2001
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

N, a cane cutter, was arrested on charges of having unlawful sexual intercourse with his six year old daughter contrary to s 175 of the Penal Code. Within two hours he was presented before the court and cautioned. The magistrate asked N whether he wished to consult his lawyer, but he declined. At trial he …Read more

Tags: Child development, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Examination, Humiliating treatment, Incompetence, Inhuman treatment, Mental competence, Minor, Pediatric health, Psychiatry, Psychology, Rape, Sexual abuse, Sexual assault
Download Judgment: English

Naba & Ors v. The State

Country: Fiji
Year: 2001
Court: High Court
Citation: No. HAC0012 of 2000L (unreported)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

N and four others were remanded in Natabua prison on 15th December 1999 on a charge of murder contrary to ss 199 and 200 of the Penal Code. In October 2000 the High Court refused the applicants’ request for bail whilst saying that if they were not released expeditiously it would have to reconsider the …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Inhuman treatment, Jail, Prison conditions
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Taito Rarasea v. State

Country: Fiji
Year: 2000
Court: High Court
Citation: Criminal Appeal No HAA0027.2000, unreported; (2000) 3 CHRLD 126
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to food
Facts:

R was sentenced to six months’ imprisonment by the Chief Magistrate for the offence of escaping from lawful custody contrary to s 138 of the Penal Code Cap 17. In addition the Commissioner of Prisons imposed sanctions on R for the escape under the Prisons Act Cap 86, ss 83(1)A(i) and (vi) and paras 123(3) …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Food, Imprisonment, Incarceration, Inhuman treatment, Inmate
Download Judgment: English

State v. Bechu

Country: Fiji
Year: 1999
Court: Magistrate's Court of Fiji at Levuka
Citation: State v. Bechu, [1999] FJMC 3 (Fiji).
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to life
Facts:

Filipe Bechu was charged with the offence of rape. The Penal Code states that “Any person who has unlawful carnal act with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily …Read more

Tags: Rape, Sexual abuse, Sexual assault, Sexual violence, Violence against women
Download Judgment: English
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