Court throws out case

A PRISONER held at the Lautoka Corrections Centre who sought constitutional redress over his right to life and right to freedom from cruel and degrading treatment had his case thrown out by the High Court in Suva.

Aiyaz Ali was handcuffed and transported from prison to court on July 2, 2019 when the vehicle he was travelling in was involved in an accident.

He claimed his right to life was breached when the escorting vehicle had the accident as he could not protect himself because he was handcuffed.

Mr Ali also claimed that his right to life and freedom from cruel and degrading treatment was also breached when he was handcuffed and put in a vehicle whose passenger capacity had been exceeded.

High Court judge Justice Vishwa Datt Sharma found Mr Ali’s right to life was not compromised.

“Right to life is an issue that arises when the applicant’s life is at risk from the outset, that is, the Corrections Department knew and could foresee that there will be an accident,” he stated in his November 18 ruling.

“There had been no violation to the right to life.”

Justice Sharma also found Mr Ali had not been subjected to cruel and degrading treatment when he was handcuffed.

“The use of handcuffs whilst transporting prisoners cannot be considered to be cruel and degrading treatment under the Constitution of the Republic of Fiji.

“The use of handcuffs is merely a precaution against escape during the transfer of a prisoner.”

Justice Sharma also found the vehicle did not exceed its passenger capacity.

“None of the constitutional rights as alleged by the Applicant (Mr Ali) were breached. The application for constitutional redress is refused and accordingly dismissed.”