Nakarawa defends Ex-PM’s release process

The treatment of prisoners, including their release, does not require referral to the line minister or any other office, says Fiji Corrections Commissioner Jalesi Nakarawa.

Mr Nakarawa emphasised that the Fiji Corrections Service does not consider a prisoner’s political background or public status when making decisions. 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 treatment of prisoners, including their release, does not require referral to the line minister or any other office,” he said.

“These are strictly operational matters entrusted to the discretion of the Commissioner under the Corrections Act and Regulations.

He said former Prime Minister Voreqe Bainimarama’s application for early release was assessed under Section 46(3) of the Corrections Act.

“As an inmate, his case was evaluated impartially based on procedural justice, his conduct while in custody, and his health condition.

“The Office of the Commissioner of Corrections holds an independent constitutional office, and its integrity must be upheld and safeguarded. This independence protects the government from allegations of undue influence regarding operation matters.”

Mr Nakarawa said the doctrine of separation of powers ensures that government responsibilities are divided among distinct branches to prevent the concentration of power and maintain checks and balances.

“No individual or entity exercises absolute control over governance, safeguarding democracy and the rule of law.

“As an independent constitutional office, the Commissioner of Corrections operates under the Constitutional Offices Commission (COC) alongside the Commissioner of Police and the Commander of the Republic of Fiji Military Forces (RFMF). Under Section 135 of the Constitution, these constitutional officers are not subject to direction or control by any other person except as provided under the Constitution or a written law.”

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