Fiji - Pilot of the First Hour Procedure and Video Recorded Interviews Achievements & Progress

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Fiji - Pilot of the First Hour Procedure and Video Recorded Interviews Achievements & Progress

1 November 2016 to 30 April 2018

On 1 November 2016 the independent institutions of the Judicial Department, Office of Director of Public Prosecutions, Fiji Police Force, Legal Aid Commission and Human Rights and Anti-Discrimination Commission agreed to undertake a Pilot of the First Hour Procedure and Video Recorded Interviews. The Pilot is supported by the United Nations Development Programme, Pacific Office, the British High Commission and the European Union.

The key objectives of the Pilot are to support the reform of police procedures and practices following Fiji’s March 2016 ratification of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to improve overall efficiency and effectiveness of the justice sector to deliver access to justice.

The Pilot addresses two key priority areas related to early access to justice; the rights of a person when arrested or detained by the police (‘First Hour Procedure’); and the processes and rights during the interview by the police (‘Video Recorded Interviews’).

16,709 people from 779 communities in 132 Districts across Fiji, in their own communities, participated in awareness raising and received comprehensive responses to questions related to the Pilot activities from the Justice Stakeholders.

Consultations and awareness raising on the Pilot activities with 834 participants from Non-Governmental Organisation partners and Civil Society Organisations were undertaken.

The rights of “Arrested or Detained” persons, as provided under the Constitution of the Republic of Fiji, are detailed on the Human Rights and Anti-Discrimination Commission “Arrested or Detained” posters which are displayed in every police station across Fiji.

The Fiji Police Force launched posters outlining what to expect from the Fiji Police Force on arrest and detention and during searches. Both posters are published in English, Hindi, i-Taukei, Braille and sign language.

Fiji Police Force 26 (1) & (2) of the equalqualionstitution igin pla iginthisCriminal P oceduFIJI POLICE FORCE language that espect & dignity our rights will be obse yer or the Legal Aid viewing easonably possible contact a close family member or other person ega ding y ept separate ges ARRESTED OR DETAINED? WHAT TO EXPECT FROM THE FIJI POLICE FORCE

649 participants from the Fiji Police Force, Legal Aid Commission, the Human Rights and Anti-Discrimination Commission, Judicial Department, and Office of the Director of Public Prosecutions, participated in training undertaken by UNDP international Experts and the United Kingdom Constabulary in support of the Pilot, on the following topics:

• Early Access to Justice

• Investigative Interviewing utilizing the P.E.A.C.E. Model

• First Hour Procedure

• Video Recorded Interviews

• Knowledge exchanges with United Kingdom Constabularies

• Intensive ‘Training of Trainers’ (National and Regional) in Investigative Interviewing, First Hour Procedure and Video Recorded Interviews

• Police Custody

• Human Rights

• Standard operating procedures

The training material has been developed into a cirriculum for new recruits at the Fiji Police Academy.

The Legal Aid Commission provided, and the Fiji Police Force facilitated, the First Hour Procedure in the Pilot locations. The First Hour Procedure continues to be implemented in the Pilot stations by the Fiji Police Force and the Legal Aid Commission.

Inspection of 38% of police detention facilities was undertaken by the Association for the Prevention of Torture (APT) and implementation of APT`s recommendations are underway, to include construction of new police stations and upgrades to detention facilities.

Investigative interviewing of suspects utilising the P.E.A.C.E. Model (Plan & Prepare; Engage & Explain; Account Clarification & Challenge; Closure; Evaluate) is being undertaken together with video recorded interviews by the Fiji Police Force in Pilot police stations. The Fiji Police Force have also launched a PEACE investigative interviewing knowledge tool.

Transcripts of Video Recorded Interviews are currently being introduced as evidence in Court, reducing the frequency of voir dire hearings.

Regular meetings are undertaken by the Justice Stakeholders to review and discuss the Pilot programme and annual updates are provided at the Human Rights Council by Justice Stakeholders.

The Pilot is being undertaken in partnership with the United Nations Development Programme, Pacific Office and with support from the British High Commission, the European Union and the Association for the Prevention of Torture.

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