Fiji Courts - FWRM2. The Fiji Courts consider publishing annually on its website court data...

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DATA ANALYSIS - FAMILY LAW AND VIOLENCE AGAINST WOMEN AND CHILDREN CASES Fiji Courts Balancing the Scales- Improving Fijian Women’s Access to Justice’ research report is funded by the European Union and UN Women. Photo supplied by UN Women

Transcript of Fiji Courts - FWRM2. The Fiji Courts consider publishing annually on its website court data...

Page 1: Fiji Courts - FWRM2. The Fiji Courts consider publishing annually on its website court data presenting trends over time, including sex disaggregated data. 3. The Fiji Courts consider

DATA ANALYSIS - FAMILY LAWAND VIOLENCE AGAINST WOMEN AND CHILDREN CASES

Fiji Courts

Balancing the Scales- Improving Fijian Women’s Access to Justice’ research report is funded by the European Union and UN Women.

Photo supplied by UN Women

Page 2: Fiji Courts - FWRM2. The Fiji Courts consider publishing annually on its website court data presenting trends over time, including sex disaggregated data. 3. The Fiji Courts consider
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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

Data Analysis - Family Lawand Violence AgainstWomen and Children Cases

Fiji Courts

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Table of Contents

Map showing Fiji Courts Locations 5

Acknowledgments 6

Recommendations 7

Fiji Courts: Findings 10

Transparency: Sex Disaggregated Data and Annual Reports 28

End Notes 29

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Courts

Magistrates

High Court

Island Court

LautokaLevuka

Labasa

Suva

Lomaloma

Buca

WaiyevoSavusavu

Bua

Nabouwalu

Rakiraki

Tavua

Ba

Nadi

Sigatoka Navua

KeiyasiVunidawa Nausori

Nasinu

Gau

Kadavu

Moala

Matuku

Taveuni

Note: NB/ island Court also in Rotuma

Vanua Balavu

Tuvuca

Nayau

Tubou

Lakeba

Korovou

Vunisea

Koro

Western Division

Central Division

Eastern Division

NorthernDivision

Court Locations in Fiji

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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

Acknowledgments

The data in this annex has been provided by the Fiji Courts. The FWRM Research Team would like to thank the Honourable Chief Justice Anthony Gates, the Honourable Madam Justice Anjala Wati, Chief Registrar Mr. Yohan Liyanage, Registrar Mr. Vinay Sharma and staff of the Family and Criminal Registry for their assistance in providing data in support of improving Fijian women’s access to justice.

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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

Recommendations

1. The Fiji Courts to consider collecting and publishing the following data:

• number of cases heard at Island Court sittings.

• number of Domestic Violence Restraining Order (DVRO) applications that are

granted or not granted by the Family Court and Magistrates Court each year.

• number of applications for a waiver of a court fee due to financial hardship and

whether these are granted or not granted.

• how the parties are represented: self-represented, private lawyer, pro-bono lawyer

or Legal Aid Commission.

• the average duration from filing to finalisation of different categories of family law

and violence against women and children cases.

2. The Fiji Courts consider publishing annually on its website court data presenting trends

over time, including sex disaggregated data.

3. The Fiji Courts consider the following in relation to service delivery:

• providing duty solicitors/ community helpdesks at court registries to assist clients

to complete court forms.

• providing disability inclusive service information.

• reviewing Court forms with a view to simplifying them.

• displaying information about the court fee waiver in each court location to assist

clients who face financial hardship..

• alerting lawyers and clients via text message if their hearing is postponed.

• implement pre-trial conferences with Counsel to narrow issues in dispute and to

better prepare the case for trial.

• provide separate waiting area for women that have a DVRO application to be

heard in Court.

• applications for appeal to the High Court heard in the same location the matter

was heard at first instance to address the barriers of cost and distance raised by

women victim/survivors.

• develop standard operating procedures and provide training to court registry staff

in order for court staff to provide clear and uniform information to court clients.

• separate child-friendly waiting room in the court registry for women with children.

• conducting an audit of all court registries to see whether they meet the minimum

standard for people with disabilities. Consider installing ramps, elevators or

arrange alternative Court hearing rooms at ground level to assist women and men

with a mobility impairment.

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4. The Fiji Courts consider publishing annually:

• a summary of the feedback it receives from its own customer feedback mechanism

as well as surveys conducted externally to the Court that seek client and court

stakeholder feedback on the services provided by the Court.

• how it intends to respond to this feedback.

5. The Chief Justice consider a Practice Direction instructing judges and legal practitioners

that the following will not be considered as mitigating factors and nor will a sentence

reduction be provided in cases of sexual and other forms of violence, where the

perpetrator is:

• appearing before the Court for the first time charged with sexual and other forms

of violence but the perpetrator has been charged and found guilty of other counts

of violence over a number of years.

• the sole breadwinner in the Family (based on the case authority Raj v State

decided in March 2014).

6. Judgments in the Magistrates Court related to cases of rape and attempted rape, sexual

assault, indecent assault and child sexual abuse should be published on Pacific Islands

Legal Information Institute (PacLII) (with redaction/ anonymization where required).

7. The Fiji Courts and Ministry of Women, Children & Poverty Alleviation should consider

ways to increase the number and collaborate on the training of social welfare officers who

are able to provide the Court with reports in cases of:

• Adoption

• Family law

• Criminal cases involving child perpetrators

• Criminal cases victim survivor/witnesses

8. The Fiji Courts publish sex disaggregated data in their annual report.

9. The Fiji Courts consider providing clear and uniform information to the public regarding

DVRO application and processes.

10. The Fiji Courts provide the following for all staff:

• Disability awareness training focussed on attitudes, myths and stereotypes. This

training should highlight the cases in which the court has provided outstanding

support services to women and girls with a disability.

• Gender sensitivity training to ensure that all staff have an understanding of the key

gender equity principles and how these underpin their work. The training should

highlight cases in which the agency has provided support services to women and

girls victims/survivors of domestic violence.

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• Violence against women training emphasising the ‘No Drop Policy’ for the Police and the inappropriate use of reconciliation when dealing with domestic violence complaints.

• Training on DVROs, including the requirements of and process for making a DVRO application.

11. The Fiji Courts consider reporting and publishing the number of staff who have undertaken this training.

12. The Fiji Courts consider providing disability inclusive service information to the public.

13. The Fiji Courts consider coordination with Fiji Police Force, Office of the Director of Public Prosecutions and the Ministry of Health to strengthen the procedures that apply to the collection and use of forensic evidence in violence against women and children cases.

The research report with the full list of recommendations can be accessed at the following link: Balancing the Scales: Improving Fijian Women’s Access to Justice

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Fiji Courts: Findings

Budget Allocation

Estimate Year

Payroll (Seg 1 & 2)

Other Operations (Seg 3 to 7)

Capital (Seg 8 to 10)

VAT (Seg 13)Total Budget

(million)FJD

20151 22.3447 4.0358 11.6500 2.3523 40.3828

20162 26.4410 4.6867 11.4380 1.4508 44.0165

2016/20173 25.3835 7.2507 6.4500 1.1376 40.2218

2017/20184 0.0 54.4635 0.0 0.0 54.4635

Note: 2017/2018 funding to the Judiciary is under Seg 6.5

The budget allocation for the Fiji Courts has increased from $40,382.8 in 20156

to $54,463.5 in the 2017/2018 budget7

Child and Spousal Maintenance Cases Filed in the Family Division of Magistrates Courts

(Endnotes)

1 Source: Supplement to the 2017-2018 Budget Estimates

2 Source: Fiji Budget Estimates 2015

3 Source: Supplement to the 2017-2018 Budget Estimates

2000

1800

1600

1400

1200

1000

800

600

400

200

0

944

123

219

162

189160

213

1067

1581

1352

1727

16311563

1362 1190 1538 1471 1350

2012 2013 2014 2015 2016 2017

Total Maintenance Cases Filed by Women Total Maintenance Cases Filed by Men

Child and Spousal Maintenance Cases Filed in the Family Division of the Magistrates Courts

Women applying for child and spousal maintenance in the Magistrates Courts increased from 944 cases in 2012 to 1350 cases in 2017.

Women were the applicant party in 9 out of 10 of these maintenance cases.9

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In 2017, the clearance rate for child and spousal maintenance cases was 83%. The 5 year average trend clearance rate was 100%.10

140%

120%

100%

80%

60%

40%

20%

0% 2009 2010 2011 2012 2013 2014 2015 2016 2017

Clearance Rate

93%

76%

96%

114% 115%

98% 95%

109%

83%

Child and Spousal Maintenance Cases Filed in theFamily Division of Magistrates Courts – Island Courts

5

4

3

2

1

0

KADAVU 2016 2017LAU/GAU/KORO

2016 2017 ROTUMA 2016 2017

Cases Filed by Men 0 0 2 0 0 0

Cases filed by Women 2 0 2 2 1 0

Child and Spousal Maintenance Cases Filed in the Family Division of Magistrates Courts – Island Courts11

Overall, women were the applicant party in 78% of the child and spousal maintenance cases from 2016 to 2017 initiated in the Family Division of the Magistrate Court in Island Courts.8

Only 2 women initiated maintenance cases in Kadavu from 2016 to 2017.12

Twice as many women compared to men from 2016 to 2017 initiated maintenance cases in Lau/

Gau/Koro.13

Only 1 woman initiated a maintenance case in Rotuma from 2016 to 2017.14

The data represented is inadequate to determine clearance rates in the Family Division of the

Magistrates Courts- Island Courts.

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The number of residence and contact cases filed in the Family Division of the Magistrates Court has more than doubled from 498 cases in 2012 to 1090 cases in 2017.15

Women and men file almost equal numbers of residence and contact cases.16

In 2017, the clearance rate for residence and contact cases was 86%. The 5 year average trend

clearance rate was 105%.17

2012 2013 2014 2015 2016 2017

Total Custody Cases Filed by Women Total Custody Cases Filed by Men

Residence and Contact Cases Filed in the Family Divisionof the Magistrates Courts

295

203

498

368

221

589

266

295

561

510

463

973

531

501

1032

509

581

10901200

1000

800

600

400

200

0

140%

130%

120%

110%

100%

90%

80%

70%

60%

50%

2012 2013 2014 2015 2016 2017

Clearance Rate

100%

135%

102%

89%

111%

86%

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Only 1 residence and contact case was initiated by a woman in 2017 and 1 residence and contact case was initiated by a man in 2017 in Kadavu.18

Twice as many women initiated residence and contact cases than men in Lau/Gau/Koro from 2016 to 2017.19

Zero residence and contact cases were initiated in Rotuma from 2016 to 2017.20

The data represented is inadequate to determine clearance rates in the Family Division of the

Magistrates Courts- Island Courts.21

Residence and Contact Cases Filed in the Family Division of the Magistrates Courts – Island Court

5

4

3

2

1

0

KADAVU 2016 2017LAU/GAU/KORO

2016 2017 ROTUMA 2016 2017

Cases Filed by Men 0 0 2 0 0 0

Cases filed by Women 2 0 2 2 1 0

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The number of property cases initiated in the Family Division of the Magistrates Court has doubled from 133 cases in 2012 to 269 cases in 2017.22

Women initiated 7 out 10 property cases in 2017.23

In 2017, the clearance rate for property settlement cases was 142%. The 5 year average trend

clearance rate for property settlement cases was 107%.24

2012 2013 2014 2015 2016 2017

Property Settlement Cases Filed in theFamily Division of the Magistrates Courts

107

23

133

154

42

196

88

76

164

144

73

217

142

60

202

185

84

269 300

250

200

150

100

50

0

Total Property Cases Filed by Women Total Property Cases Filed by Men

150%

140%

130%

120%

110%

100%

90%

80%

70%

60%

50% 2012 2013 2014 2015 2016 2017

Property Cases Clearance Rate

78%

121%

87%

77%

110%

142%

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Property Settlement Cases Filed in theFamily Division of the Magistrates Courts – Island Court

Year Cases filed by Women Cases filed by Men

KADAVU

2016 0 0

2017 0 0

LAU/GAU/KORO

2016 0 0

2017 0 0

ROTUMA

2016 0 0

2017 0 0

During the 2016 -2017 Island Court sitting, zero property settlement cases were initiated.25

There are 37,75026 people living in the four island provinces of Fiji (Kadavu, Lau, Lomaiviti and Rotuma). The majority of these people own property communally or through the Vola ni Kawa Bula27 (Native Land Register). Due to this, it is difficult to initiate property settlement cases.

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The number of divorce cases filed in the Family Division of the Magistrates Court has doubled from 1099 cases in 2012 to 2189 cases in 2017.

Between 2012-2017, men and women filed similar numbers of divorce cases in the Magistrates Court. 28

In 2017, the clearance rate for divorce cases was 63%. The 5-year average trend clearance rate for divorce cases was 93%.29

120%

100%

80%

60%

40%

20%

0%

Clearance Rate of divorce cases

111%

105%97% 97% 101%

63%

2012 2013 2014 2015 2016 2017

2012 2013 2014 2015 2016 2017

Divorce cases filed in theFamily Division of the Magistrates Courts

Total Divorce Cases Filed by Women Total Divorce Cases Filed by Men

589

510

1099

850

872

1722

788

732

1520

1051

1131

2182

1044

1098

2142

1088

1181

2189

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The number of counselling applications filed in the Family Division of the Magistrates Court has almost doubled from 1141 cases in 2012 to 2070 cases in 2017.

Women and men file similar number of counseling applications in the Family Division of the Magistrates Court. Three out of Four counseling applications relate to residence and contact arrangements for children.30

In 2017, the clearance rate for counseling applications 56%. The 5-year average trend clearance rate for counseling applications was 92%.31

2012 2013 2014 2015 2016 2017

Counselling Applications filed in theFamily Division of the Magistrates Courts

2500

2000

1500

1000

500

0

Total Counselling Applications filed by Women Total Counselling Applications filed by Men

735

406

1141

738

605

1343

688

583

1271

932

766

1698

812

1202

2014

1114

956

2070

140%

120%

100%

80%

60%

40%

20%

0%

Counselling applications Clearance Rate

88%

116%

93% 99% 101%

56%

2012 2013 2014 2015 2016 2017

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Applications in the Family Division of the Magistrates Court 2017 by Sex

2500

2000

1500

1000

500

0

DivorceChild

Mainte-nance

SpousalMainte-nance

Child &SpousalMainte-nance

ParentalMainte-nance

Reciprocalenforce-ments

Others

Enforce-ment

Proceed-ings

Consent Order

FinalOrders

Applica-tion

(interimorders)

Applica-tion

(registra-tion of

parentingplan)

Total

Total 2189 1059 177 327 15 93 91 1231 172 1567 1460 1264 9645

Female 1008 887 154 309 62 47 1027 77 825 981 716 6039

Male 1181 172 23 18 99 14 4 204 95 742 479 548 3606

2189%

1059%

177%327%

15% 93% 91%

1231%

172%

1567% 1460%1264%

In 2017, 6,039 of 9,645 (63%) applications in the Family Division of the Magistrates Court were

filed by a woman.32

DVRO Cases Initiated in 2017

5000

4500

4000

3500

3000

2500

2000

1500

1000

500

0Total Male Female

Total Number Initiated Magistrate Court Family

591 140 451

Total Number Initiated Magistrate Court Criminal

4027 1259 2768

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In 2017, 4,027 DVRO applications were initiated in the Criminal Division of the Magistrates Court whilst 591 DVRO applications were initiated in the Family Division of the Magistrates Court. This shows that nine out of ten (87%) of all DVRO applications are initiated in the Criminal Division of the Magistrates Court.33 Section 26(1)(b) of the Domestic Violence Act allows the Courts to make Domestic Violence Restraining Orders on its own motion to ensure the safety and wellbeing of a victim in domestic violence.34 The Courts application of this section in Criminal cases whereby the parties share a domestic relationship accounts for the high number of DVRO applications initiated in the Criminal Division. 35

In 2017, women initiated 9258 family law or domestic violence restraining order applications in the Family and Criminal Divisions of the Magistrates Court.36

Cases Initiated and Disposed in theFamily Division of the Magistrates Court 2013 - 2017

20,000

18,000

16,000

14,000

12,000

10,000

8,000

6,000

4,000

2,000

02013 2014 2015 2016 2017

Cases Disposed 4924 2395 8612 2560 8394

Cases Initiated 5103 2451 9684 2720 9645

The Family Division of the Magistrate Court has been able to dispose of the majority of the cases

initiated in the last 5 years.37 The average clearance rate in the last 5 years is 91%.38

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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

Women initiating domestic violence restraining order applications has quadrupled from 97 cases in 2012 to 451 cases in 2017.39

Women bring 7 out of 10 DVRO cases in the Family Division of the Magistrates Court.40

In 2017, the clearance rate for DVROs was 51%. The 5 year average trend clearance rate was

96%.41

2012 2013 2014 2015 2016 2017

DVRO Cases filed in the Family Divisionof the Magistrates Court

700

600

500

400

300

200

100

0

Total DVRO Cases Filed by Women Total DVRO Cases Filed by Men

44141

97

176

538

362

153

486

333

96

367

271

108

500

392

140

591

451

140%

120%

100%

80%

60%

40%

20%

0%

Clearance Rate of DVRO Cases filed in theFamily Division of the Magistrates Court

54%

97%

89%83%

113%131%

103%

51%

2010 2011 2012 2013 2014 2015 2016 2017

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The number of women applying for DVROs has more than doubled between from 1,093 cases in 2011 to 2,768 cases in 2017.42

In 2017, the clearance rate for DVROs was 101%. The 5 year average trend clearance rate

was 92%.43

2011 2012 2013 2014 2015 2016 2017

DVRO Cases filed in the Criminal Divisionof the Magistrates Court

5000

4000

3000

2000

1000

0

Total DVRO Cases Filed by Women Total DVRO Cases Filed by Men

10931641 2011 1886 2123 2336 2768

442

735874 848

1014 11091259

15352376

2885 2735 3137 3445

4027

120%

100%

80%

60%

40%

20%

0%

Clearance Rate

64%

84% 87% 86%93%

101%95%

2011 2012 2013 2014 2015 2016 2017

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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

The highest number of DVRO applications are filed in the Criminal Division of the Magistrates Court.44

Women filed 9 out of 10 DVRO cases from 2012 to 2017.45

87% of DVROs are filed In the Criminal Division of the Magistrates Court, however data is not

collected on the outcomes of these cases.46

DVRO Applications in the Family and Criminal Divisionsof the Magistrates Court

5000

4000

3000

2000

1000

02012 2013 2014 2015 2016 2017

Total 2517 3423 3220 3504 3945 4618

Criminal Division- DVRO filed by Men 735 874 848 1014 1109 1259

Criminal Division- DVRO filed by Women 1641 2011 1886 2123 2336 2768

Family Division – DVRO filed by Men 44 176 153 96 108 140

Family Division -DVRO filed by Women 97 362 333 271 392 451

2012 2013 2014 2015 2016 2017

Outcome of the DVRO Applications in theFamily Division of the Magistrates Court

800

600

400

200

0

Total DVRO Granted Total DVRO Not Granted

6857 254

192

446

230

318

548

183

194

377

251

404

655

208

317

525

125

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The Family Division of the Magistrates Court does collect data on the outcomes of DVRO cases. In 2017, the Fiji Courts presented outcomes in these cases as ‘DVROs granted’ or ‘DVROs not granted’. In 2016 this gave the impression that the Judicial Officers had dismissed 404 of 655 (62%) of DVRO applications. The Fiji Courts analysed the Family Division data at the Suva

Registry and found that the category of “not granted” included following47:

• Dismissed - A case is dismissed after being heard and the orders are not granted on the merits for example, lack of evidence.

• Withdrawn – In the instance whereby the Applicant voluntarily asks to withdraw their application for a DVRO.

• Struck Out – A case is disposed without hearing the case for example, the parties have not appeared at court.

• Revocation – Cancellation of permanent orders.

Restraining Order Cases Filed in the Family Divisionof the Suva Magistrates Courts – Not Granted

The following ‘not granted’ data is only from Suva Family Court Registry.

2016 2017

Dismissed 15 Dismissed 22

Withdrawn 53 Withdrawn 41

Struck Out (non-appearance/dual application)

120 Struck out( non-appearance/dual application/living separately/settled)

83

Revocation 0 Revocation 1

Total Not Granted 188 Total Not Granted 147

2016 - Not Granted by Reasons

2017 - Not Granted by Reasons

Dismissed

Withdrawn

Struck Out (non appearance/ dual application)

Revocation

Dismissed

Withdrawn

Struck out( non appearance/dual application/living separately/settled)

Revocation

Almost 50% of DVROs– Not Granted in the Family Division of the Magistrates Court were from the Suva Family Court Registry.48

In the Suva Magistrates Court, 8 out of 10 of the cases analyzed were struck out for non-appearance or withdrawn by the parties. As women bring the majority of DVRO cases to the Courts, this raises concerns as to the reasons behind their withdrawal or non-

appearance in these cases.49

8%

28%

64%28%56%

15%

1%

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Court Data – Criminal Cases involving Violence Against Women

Rape Cases Filed in the Magistrates Court(by sex of the Alleged Perpetrator)

200

150

100

50

02011 2012 2013 2014 2015 2016 2017

Total Rape Cases Filed 111 198 174 142 124 157 141

Accused is Male 111 198 171 139 123 154 141

Accused is Female 0 0 3 3 1 3 0

111

198174

142124

157 141

Between 2011 to 2017, in 99% of Rape cases filed in the Magistrates Court the accused was male.50 Over the last 5 years the average clearance rate in Rape cases heard in the Magistrates Court is

104%.51

200%

150%

100%

50%

0%

Clearance Rate

41% 44%

80%

62%84%

109%

184%

2011 2012 2013 2014 2015 2016 2017

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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

The number of sexual offence cases has grown from 279 in 2007 to 2,036 in 2013 before falling to 510 cases in 2017.52 Between 2007-2017, in 94% of sexual offenses cases filed in the Magistrates Court the accused is male. Over the last 5 years the average clearance rate for sexual offence

cases is 148%.53

Sexual Offence cases filed in the Magistrates Court(by Sex of the Alleged Perpetrator)

2500

2000

1500

1000

500

02007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Female Accused 9 2 1 9 85 190 324 315 240 70 29

Male Accused 270 262 386 561 540 1013 1712 1602 1220 605 481

Total 279 264 387 570 625 1203 2036 1917 1460 675 510

279 264387 570 625

1203

2036 1917

1460

675510

300%

250%

200%

150%

100%

50%

0%

Clearance Rate

69% 63% 47%

52%

69% 63%70% 77%

109%

197%

285%

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

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Data Analysis - Family Law and Violence Against Women and Children CasesFiji Courts

Analysis of All High Court Family Law Cases 2010-16 – 260 Cases

The Family High Court mainly hears appeal and first instance nullity cases.

There are similar numbers of men and women bringing cases to the Court54:

• 43% of women have no legal representation in their Family Court cases compared with 35% of men.

• 49% of men and 42% of women pay for private legal representation for their cases in the High Court.

In a random sample of 25% of all cases55:

• no instance of gender stereotypes, customary forms of reconciliation or other contentious factors were raised by the Judicial Officer.

• 69% of the cases were dismissed.

• 42% of the cases were for nullity of marriage.

Analysis of all Rape Cases published on PacLII decided in the High Court (2017)

In none of the 60 rape cases decided in 2017 in the High Court were gender stereotypes or customary forms of reconciliation raised by the Judicial Officer.56

Of the 60 rape cases analyzed in 201757:

• In 42 of 60 cases (70%) the Judge found the accused guilty of rape

• In 6 of 60 cases (10%) the accused was found guilty of a lesser charge

• In 12 of 60 cases (20%) cases the accused was acquitted

The average starting sentence in the 42 cases where the Judge found the accused guilty of rape was 9 years and 10 months. The average final sentence was 11 years and 6 months.58

In 1 out of 60 cases analyzed, a forensic pathology report was referred to in Court.59

It took an average of 2.9 years for the judgment to be handed down from the date of the incident.60

Of the 60 rape cases61:

• 28 cases (47%) involved girls aged 1 to 17 years as the victim survivor. Lowest age being a 1 year old in 2 separate cases.

• 32 cases (53%) involved women as the victim/survivor.

• 1 case involved person with a disability as the victim/survivor.

Men were the accused in 59 out of 60 cases (98%) with an average age of 37 years.62

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Analysis of appealed rape sexual assault cases published on PacLII decided in the Court of Appeal (2016- 2017)

Of the 129 rape sexual assault cases analyzed from 2016 and 2017, 60 were the subject of an appeal and show63:

• All 60 were appealed by the Defendant.

• In the 4 appeals that had been finalized by June, 2018: 

- In 3 cases the original sentence was affirmed on appeal.

- 1 case the original sentence was reduced on appeal.

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Transparency – Sex Disaggregated Data and Annual Reports

1. The Fiji Courts collect sex disaggregated data for family law and violence cases. TheCourt is committed to the swift publication of criminal court cases on PacLII, oftenpublishing judgments within one week of the case being decided in court. In 2016, theCourt published more than 1,000 cases on PacLII.

2. The Fiji Courts does not however publish any family law judgments on PacLII as thesejudgments are not yet redacted or anonymised to remove the parties’ names.

3. The Fiji Courts also have not published an annual report since 2011.

4. The Judicial Department has customer feedback forms in the Family Court Registry inSuva encouraging feedback from court clients on their experience at the court, whatcould be improved and what clients would like to see in future.

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End Notes

1 Source: Fiji Budget Estimates 2015

2 Source: Fiji Budget Estimates 2016

3 Source: Fiji Budget Estimates 2016/2017

4 Source: Supplement to the 2017-2018 Budget Estimates

5 Source: Supplement to the 2017-2018 Budget Estimates

6 Source: Fiji Budget Estimates 2015

7 Source: Supplement to the 2017-2018 Budget Estimates

8 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

9 Source: Data provided to FWRM by the Fiji Judiciary (2009-2016 was received in August 2017 and 2017 data in March 2018).

10 Source: Data provided to FWRM by the Fiji Judiciary (2009-2016 was received in August 2017 and 2017 data in March 2018).

11 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

12 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

13 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

14 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

15 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

16 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

17 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

18 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

19 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

20 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

21 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

22 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

23 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

24 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

25 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

26 Census of Population and Housing, 2007, Fiji Bureau of Statistics https://www.statsfiji.gov.fj/statistics/2007-cen-sus-of-population-and-housing (accessed June 2018)

27 I Taukei Lands and Fisheries Commission, Ministry of iTaukei Affairs http://www.itaukeiaffairs.gov.fj/index.php/divi-sions/itaukei-lands-and-fisheries-commission (accessed June 2018)

28 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

29 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

30 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

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31 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

32 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

33 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

34 Source: Section 26(1)(a) of the Domestic Violence Act 2009.

35 Source: Information provided to FWRM by the Fiji Judiciary (received April 2018).

36 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

37 Source: Data provided to FWRM by the Fiji Judiciary (2013-2016 was received in August 2017 and 2017 data in March 2018).

38 Source: Data provided to FWRM by the Fiji Judiciary (2013-2016 was received in August 2017 and 2017 data in March 2018).

39 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

40 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

41 Source: Data provided to FWRM by the Fiji Judiciary (2010-2016 was received in August 2017 and 2017 data in March 2018).

42 Source: Data provided to FWRM by the Fiji Judiciary (2011-2016 was received in August 2017 and 2017 data in March 2018).

43 Source: Data provided to FWRM by the Fiji Judiciary (2011-2016 was received in August 2017 and 2017 data in March 2018).

44 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

45 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

46 Source: Data provided to FWRM by the Fiji Judiciary (2012-2016 was received in August 2017 and 2017 data in March 2018).

47 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

48 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

49 Source: Data provided to FWRM by the Fiji Judiciary (received April 2018).

50 Source: Data provided to FWRM by the Fiji Judiciary (2011-2016 was received in August 2017 and 2017 data in March 2018).

51 Source: Data provided to FWRM by the Fiji Judiciary (2011-2016 was received in August 2017 and 2017 data in March 2018).

52 Source: Data provided to FWRM by the Fiji Judiciary (2007-2016 was received in August 2017 and 2017 data in March 2018).

53 Source: Data provided to FWRM by the Fiji Judiciary (2007-2016 was received in August 2017 and 2017 data in March 2018).

54 Source: Data provided to FWRM by the Fiji Judiciary (received June 2017)

55 Source: Data provided to FWRM by the Fiji Judiciary (received June 2017)

56 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

57 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

58 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

59 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

60 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

61 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

62 Source: Data retrieved from Pacific Islands Legal Information Institute http://www.paclii.org/ (accessed January 2018)

63 Source: Data provided to FWRM by Fiji Judiciary (received June 2018)

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This publication was produced with the financial support of the European Union and UN Women. Its contents are the sole responsibility of the Fiji Women’s Rights Movement and do not necessarily reflect the views of the European Union and UN Women.