Overcoming the immediate COVID-19 health crisis and the economic impact of its containment measures, Fiji is taking steps to gradually move forward. Fiji recorded 631 COVID-19 deaths (announced by Ministry of Health and Medical Services on 1 October 2021) and its international border crossing has been limited for more than a year. Now, people are turning their experiences of isolation, lack of social contact and loss of livelihoods into efforts to rebuild their daily lives and future.

The justice and security sectors have significant influence on the recovery efforts of people and society. An accountable and transparent justice system would enable people to feel fairness and confidence in their recovery path. And by contrast, a lack of access to justice or security services could fuel public mistrust in the governance system and its ability to manage inequality in society.

Fiji Police Force and Legal Aid Commission, as essential security and justice service providers, have been tackling the crisis with people and facilitating their recovery.

Fiji Police Force has been at the forefront of the response: enforcing new and changing existing regulations and protocols, policing citizens in the new regulatory environment, while making health risks and individual sacrifices. Legal Aid Commission has kept its door open to public, protecting people and communities from further legal, social and economic risks. They have performed these duties and care of people in addition to the challenges they face in addressing already ever-increasing demands for justice.

In their effort to build a more accessible, accountable, and inclusive justice system, significant initiatives are being implemented by security and justice institutions in Fiji. The First Hour Procedure and Video Recorded Interview initiatives support strengthened protection of rights of detained or arrested persons and therefore facilitate human rights based and effective criminal justice procedures.

The Deputy Commissioner of Police, Itendra Nair and Director of Legal Aid Commission, Shahin Ali have featured on radio talkback shows hosted by Fiji’s popular radio channels and talked to citizens about their initiatives to strengthen people’s access to justice in the early stages of criminal justice.

If I get arrested and taken in, what should I expect from police in terms of protecting my rights?

Mr Nair: The rights of persons when arrested or detained are all stated in the Constitution of our country particularly in Section 13. You would be spoken to in a language that you understand; you will be treated with respect and dignity; you may contact a close family member or other person regarding your arrest, for example.

How are they implemented? 

Mr Nair: The implementation has been developed gradually and systematically in partnership with Fiji’s justice sector. 

When Fiji ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) in 2016, five institutions - the Human Rights and Anti-Discrimination Commission, Legal Aid Commission, Fiji Police Force, Office of the Director of Public Prosecutions and Judicial Department - came together and explored good practice around the world to put the Convention into practice in Fiji. 

Based on the research that revealed people are more vulnerable during the first hour of their arrest or detention and learning from good practice in the UK and Switzerland, we operationalized the First Hour Procedure and Video Recorded Interview in Fiji.

A pilot initiative of the First Hour Procedure has started in 2016 in Suva with technical support from the United Kingdom and the United Nations Development Programme (UNDP). The practice has been further developed and expanded with support from New Zealand Government and New Zealand Police through the Fiji Police Force Support Project implemented in partnership with UNDP.

Are the First Hour Procedure and Video Recorded Interview implemented to protect the rights of persons arrested or detained by police?

Mr Nair: The practice aims to improve three key aspects in the criminal justice procedure. First, it protects the rights of persons who are arrested or detained systematically through standard operating procedure in all Police Stations and posts across Fiji by trained police officers.

Second, it reduces and eventually eradicates ill-treatment by police officers, strictly abiding by the law and the Constitution. It, in turn, aims to protect police investigators from allegations of torture by recording the interviews audio-visually.

Third, it facilitates efficient criminal justice procedure. It encourages police to gather evidence rather than rely on confessions, which will reduce delays in Court and reduce cases being dismissed at a later stage of the procedure if the allegation of confession obtained through coercion is accepted by the Courts.

How do police and Legal Aid Commission work together to practice the First Hour Procedure with police?

Mr Ali: Legal Aid Commission and Fiji Police Force work independently with each fulfilling their individual organisational mandates. We work cooperatively towards the common goal, which is to ensure that the constitutional rights of Fijians are protected. We endeavour to provide the best services in line with international best practices for our fellow Fijians to access justice.

In this initiative, a significant cooperation between the Fiji Police Force and Legal Aid Commission was made. Police Officers and defence lawyers conducted joint trainings on the implementation of the First Hour Procedure, which was never done before.

How do I access support from a legal aid lawyer when arrested or detained?

Mr Ali: As guaranteed by the Constitution, and as part of the First Hour Procedure, one of the rights of persons who are arrested or detained is the right to communicate with a lawyer. If you cannot afford a private lawyer, which is the case for most people in Fiji, the Constitution provides the option of accessing a Legal Aid lawyer.

The Police Officer contacts the Legal Aid Commission on behalf of the suspect when an arrest is made or when a person is detained. Then, a Legal Aid lawyer will be sent to the police station to meet and inform the suspect of his/her constitutional rights. This service is provided 24/7, whenever an arrest or detention is made. Legal Aid officers are on standby.

The First Hour Procedure is provided face to face so that the lawyer can meet the suspect, confirm the identity, and note any complaints or concerns raised by the suspect. Apart from informing the suspect on his / her constitutional rights, the Legal Aid lawyer can gather more information such as the physical, mental, and health condition of the person, including any other special needs of the suspect. During the COVID-19 pandemic, it was done through phone, except some serious cases were dealt with in-person strictly following the government health and safety protocols.

What if I am a minor?

Mr Ali: Children fall into a special category of persons who require special care and attention given their age and vulnerability. The Legal Aid Commission engages with the parents, guardians and / or Department of Social Welfare when the person arrested or detained by police is under 18 years old. We also encourage police officers to pay more attention to the child / minor and provide flexible arrangements to ensure their rights are protected and more importantly, they are not traumatised by the experience.

Do you see improvements so far?

Mr Ali: The Legal Aid Commission has provided legal aid assistance to over 7,000 suspects all over Fiji under the First Hour Procedure since the pilot started. The awareness programs have resulted in people being more aware and empowered in respect of their constitutional rights. Families, friends, and relatives of suspects are also well aware of the rights and services provided by the Legal Aid Commission, and they would also contact us on behalf of their family members who are arrested or detained.

Another positive result is that the number of allegations of ill-treatment by the police has significantly dropped over the years since the implementation of the practice. We have also seen improved relationships between the Legal Aid Commission and the Fiji Police Force. There have been increased cooperation and mutual respect for each other’s institutional mandates.  

The First Hour Procedure also meets international standards and compliance especially in respect of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems where early access to justice by suspects has effectively reduced detention time, contributed to more efficient court procedures, reduced delays and additional expenses.

How is the practice being developed further through the project?

Mr Nair: The Fiji Police Force has received 20 video recording machines specially designed for police video recording interviews through the project this July.  This will allow us to expand the Video Recorded Interviews to more Police Stations in major cities and towns in Fiji. Special training for officers to handle the equipment and improve interview skills is being conducted in partnership with New Zealand Police.

What should I do if I still felt abused or treated inappropriately by police? 

Mr Nair: Police has an internal mechanism to receive complaints. Please contact any Police Station or our Internal Affairs Unit by phone on 334 3777. You can also let us know on our Facebook page.

Mr Ali: Legal Aid Commission takes these complaints seriously if we receive them. We escalate the matter to higher management within the police and if necessary, depending on the severity of the complaint or allegation, raise the issue in Court during proceedings, especially of the constitutional rights of the suspect has been breached.

For more information, please contact:

Tomoko Kashiwazaki, UNDP Pacific Office in Fiji, email: tomoko.kashiwazaki@undp.org