Detention

Republic of the Fiji Islands

Fiji - Mutual Assistance in Criminal Matters 1997 EN

''Part IV-ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS, Division 1 - Requests by Fiji,19. Conditions of imprisonment''
The laws of Fiji with respect to-
(a) the conditions of imprisonment of persons imprisoned for offences against the law of Fiji;
(b) the treatment of persons during imprisonment; and
(c) the transfer of persons from prison to prison,
apply, so far as they are capable of application, in relation to a person who is in Fiji pursuant to a request under section 14 and who has been committed to prison in Fiji in accordance with the directions of the Attorney-General under this Act.

''Part IV-ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS, Division 2 - Requests by foreign countries, 24. Requests for assistance in relation to investigation in foreign countries''

(1) Where-
(a) an investigation relating to a criminal matter has commenced in a foreign country;
(b) the foreign country requests the removal of a prisoner who is in Fiji (whether or not in custody) to the foreign country for the purpose of giving assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the prisoner is capable of giving assistance in relation to the investigation; and
(d) the Attorney-General is satisfied that-
(i) the prisoner has consented to being removed to the foreign country for the purpose of giving assistance in relation to the investigations, and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3), the Attorney-General may-
(A) where the prisoner is being held in custody, direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give assistance in relation to the investigation and, subject to the making or giving of any necessary directions or approvals in relation to the release of the prisoner, make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney-General for the purpose; or
(B) where the prisoner, having been released from custody on a parole or other order or licence to be at large, is not being held in custody, approve the travel of the prisoner to the foreign country for the purpose of giving assistance in relation to the investigation and obtain approvals, authorisation, permission or variations to the parole or other order or licence to be at large as may be required and, make arrangements for the travel of the prisoner to the foreign country in the custody of a police or prison officer appointed by the Attorney-General for the purpose.
(2) Where-
(a) a criminal investigation has commenced in a foreign country;
(b) the foreign country requests that a person (not being a prisoner) who is in Fiji travel to the foreign country to give assistance in relation to the investigation;
(c) there are reasonable grounds to believe that the person is capable of giving assistance in relation to the investigations; and
(d) the Attorney-General is satisfied that-
(i) the person has consented to travel to the foreign country for the purpose of giving assistance in relation to the investigations, and
(ii) the foreign country has given adequate (whether or not unqualified) undertakings in respect of the matters referred to in subsection (3),
the Attorney-General may, make arrangements for the travel of the person to the foreign country.
(3) The matters in relation to which undertakings are to be given by a foreign country for the purpose of a request that a person be removed to, or travel to, the foreign country for the purpose of giving assistance in relation to an investigation are-
(a) that the person shall not-
(i) be detained, prosecuted or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person's departure from Fiji;
(ii) be subjected to any civil suit in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person's departure from Fiji, being a civil suit to which the person could not be subjected to if the person were not in the foreign country; or
(iii) be required to give in any proceedings in the foreign country, unless-
(A) the person has left the foreign country; or
(B) the person has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving assistance in relation to the investigation to which the request relates;
(b) that the person shall be returned to Fiji in accordance with arrangements agreed by the Attorney-General;
(c) where the person is being held in custody in Fiji and the Attorney-General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country-
(i) the making of appropriate arrangements for that purpose;
(ii) that the person shall not be released from custody in the foreign country unless the Attorney-General notifies an appropriate authority of the foreign country that the person is entitled to be released from custody under Fiji law; and
(iii) if the person is released in the foreign country as mentioned in subparagraph (ii), that the person's accommodation and expenses pending the completion of the investigation to which the request relates shall be paid for by the foreign country; or
(d) other matters as the Attorney-General thinks appropriate.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.