Case of alleged assault of wheel-chair bound elderly woman under investigation

The Director of the Human Rights and Anti-Discrimination Commission Ashwin Raj has confirmed that he was referred a complaint of arbitrary eviction from the Director of Legal Aid Commission on Friday which had been initially lodged with the Fijian Competition and Consumer Commission according to the complainant, Pramil Prasad in September.

Prasad, his elderly mother, his wife who had just given birth nine days ago and another five-year-old child were arbitrarily evicted from an informal settlement in Tamavua.

The Human Rights Commission interviewed Prasad and his family yesterday and sought the assistance of the Department of Social Welfare and the Ministry of Housing and Community Development to find temporary accommodation.

The Commission and the Department of Social Welfare jointly approached various non-governmental organisations including faith-based organisations for assistance.

Prasad and his wife and two children have been temporarily placed in a hotel with the generous assistance of Dewan Chand of Quality Print while Prasad's elderly mother has been placed at the Old People’s Home.

Funds were also collected between the Human Rights and Anti-Discrimination Commission and the Legal Aid Commission to support the family with diapers, toiletries and food.

Raj says it is a matter of grave concern that the landlord in the course of the arbitrary eviction took the wheelchair-bound elderly mother in a taxi to unknown places around the Suva area unaccompanied by her family members.

A complaint has been lodged with the Samabula Police Station by Old People’s Home because the elderly mother has visible marks on her body.

The Human Rights Commission has brought the arbitrary eviction of Prasad and his family to the attention of the Minister for Housing and Community Development because it is a matter of concern that the family was forcibly removed from an informal settlement which raises several legal questions about rights, ownership and restitution of rights as we all know renting out property in an informal settlement is unlawful compounded by the absence of tenancy agreements.

The Commission reiterates that arbitrary evictions constitute a violation of section 39 (1) of the Fijian Constitution which guarantees everyone the right to freedom from arbitrary evictions from his or her home or to have his or home demolished without an order of a court made after considering all the relevant circumstances. Landlords are urged to do the right thing by the law and respect the inherent human dignity of people who may be in a financially precarious situation particularly in the context of COVID-19.

We are now trying to establish what Minister for Housing, Premila Kumar and the Social Welfare Department are doing about this serious issue.

We are also trying to establish what the FCCC has done since the complaint was lodged with them in September as they had released a statement earlier today saying the case was one of three cases of forceful evictions they were investigating.

In a statement released this morning, the Fijian Competition and Consumer Commission claimed "The matter could have been resolved amicably, however, due to the uncooperative demeanor of the landlord, CEO, Joel Abraham remained to assist the family until minutes before the curfew at 11pm”

The statement also said “We went to the house after receiving a complaint from Mr Pranil Prasad that they had been illegally evicted. They were horrified to see the family out in the rain with their belongings. The situation was a delicate one given that the complainant has an elderly mother who is confined to a wheelchair and an 8-day old baby”

The FCCC also said the landlord with 11 boys allegedly entered the flat and forcefully removed the family without a Court Order -- which is illegal.

The complainant Pramil Prasad says he lodged a complaint with the FCCC in September this year but he does not recall the date.

He says when he lodged the complaint, they took his statement and said they will talk to the landlord.

Prasad says the next day when he called to ask about the case, FCCC said they will call him and the landlord for them to be interviewed.

He says they fixed a date but the landlord did not turn up.

Prasad says FCCC then called the landlord but he was not picking up the phone.

He says after that the landlord started calling him and pressuring him.

Prasad says the landlord came to his house and told him and his family to get out of the house and asked why he complained to the FCCC.

He says he was informing the FCCC about all these issues and liaised with someone called Meli.

He says FCCC told him that they are calling the landlord but he is not answering his phone.

Prasad says the landlord brought boys and took all their stuff outside.

He says after that he called the Attorney General when they were standing in the rain with their belongings outside.

Prasad says Aiyaz Sayed-Khaiyum said to give him 3 minutes as he is arranging something for them. He says it was then that the FCCC started acting on the issue.

He says before that he and his family were being hassled and the landlord even swore at them.

Prasad says the landlord went and disconnected their water supply because it was registered under his name.

He says the owner took his mother outside the house and pushed his wife who got injured as a result of that.

Prasad says last month the landlord even threatened to beat him and his wife and they reported the matter to Police.

We have sent questions to FCCC. They are yet to respond.