Ritika Pratap 
Bainimarama-and-Qiliho
The treatment of prisoners, including their release, does not require referral to the line minister or any other office.
The clarification comes following public concerns and misconceptions re-garding the role of the FCS Commissioner.
This is particularly in relation to the doctrine of separation of powers and the recent release of former Prime Minister Voreqe Bainimarama.
In a statement the FCS says Bainimarama’s application for early release was assessed following Section 46(3) of the Corrections Act.
The Act sets out clear eligibility criteria, including security classification and medical considerations.
The FCS says as an inmate, Bainimarama’s case was evaluated impartially based on procedural justice, his conduct while in custody, and his health condition.
It says that it is essential to emphasize that the FCS does not consider a prisoner’s political background or public status when making decisions.
It adds that 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.
The FCS says these are strictly operational matters entrusted to the discre-tion of the Commissioner under the Corrections Act and Regulations.
Furthermore, the FCS says an allegation of nepotism is being investigated by Fiji Independent Commission against Corruption as abuse of office, an offence under the Crimes Act and no other comment is necessary at this stage.
