Fiji’s Human Rights and Anti-Discrimination Commission (HRADC) says members of the Grace Road Church who facing deportation must be given the right to challenge their detention and deportation.
HRADC chairperson Pravesh Sharma made the comment in a statement as he expressed concern over recent reports of the treatment of those members.
He said the Commission had received a complaint from members of the Grace Road Church in relation to the manner in which some of their members were taken into custody by State officials, alleged use of force during detainment, alleged denial of access to a lawyer while detained at the Suva Remand Centre, and the church being allegedly labelled a cult.
He added one member was also allegedly denied a visa to re-enter Fiji.
“Persons awaiting deportation should be kept in Immigration safe-houses rather than at remand centres since they have not been charged with offences,” Mr Sharma said.
“Detained persons should have access to their lawyers and to other human rights defenders.
“The Grace Road Church members facing deportation must be given the right to challenge their detention and deportation. They have a legitimate expectation that their rights will be complied with.”
Section 13(1)(i) of the Constitution of the Republic of Fiji allows detained persons to challenge the lawfulness of their detention before a court, and if their detention is unlawful, to be released.
Mr Sharma said the Grace Road Church members should not be deported until the final Appellate Court heard and determined the matter, provided all avenues of appeal or review was exhausted first.
He said government departments and State officials dealing with these matters should comply with the rule of law.
