The 2023 US Department of State report on Human Rights Practices highlights concerns regarding certain prison facilities.

It notes their unsuitability for older inmates or those with disabilities.

The report indicates overcrowding in these facilities although there is no recent data available to quantify the extent of the problem.

To address overcrowding, the government introduced an early release program.

However, challenges persist including insufficient beds, inadequate sanitation and medical care and shortages of other necessities.

According to the report, inmates have the right to submit complaints to the Human Rights Commission or judicial authorities.

However, it claims that authorities routinely review and often seize prisoner letters to these entities despite laws prohibiting such actions.

It states that credible allegations of problematic conditions are not adequately investigated or documented in a publicly accessible manner.

The report mentions that the Fiji Red Cross and other non-governmental organizations (NGOs) are permitted to visit detention facilities and interview inmates without third parties present.

On arbitrary arrest or detention, the report notes that the Constitution prohibits such practices and guarantees individuals the right to challenge the lawfulness of their arrest or detention in court except under the Public Order Act (POA).

While the government generally adheres to these requirements, the POA allows for detention without charge for up to 14 days, suspends normal due process protections and restricts judicial recourse.

This, according to the report has led to limitations on freedom of expression and association in some cases.

Detained persons are generally brought to court within 48 hours of arrest although there is no legal requirement for those detained under the POA to undergo judicial review until charged with an offense.

Bail is available but the prosecution can object often resulting in lengthy pretrial detention for some defendants.

However, authorities generally provide prompt access to counsel for detainees with legal aid assistance available within the first hour of arrest.

The reports adds that despite these efforts, pretrial detainees still make up a significant portion of the prison population due to court refusals of bail and resource shortages.

Meanwhile, FBC News has forwarded queries and concerns raised in this report to the Fiji Corrections Service and we are yet to receive a response.