Rarasea vs. The State, 2000 FJHC 146 (Fiji)

Taito Rarasea appeals against a sentence of six months imprisonment imposed for the offence of escaping from lawful custody, which sentence also includes reducing portions of his food ration for two weeks. The court considered whether there is a violation of appellant's right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane, degrading or disproportionately severe treatment or punishment. The court recognized that it is now settled law that a constitution is an instrument sui generis requiring special rules of interpretation and requiring a broad and purposive approach. The preamble itself reaffirms recognition of the human rights and fundamental freedoms of all individuals and groups as well as respect for human dignity. Section 43(2) of the Constitution allows recourse to be had to international instruments in the interpretation of the Bill of Rights set out therein. 

The court held that food is a basic necessity for daily sustenance. To reduce prison rations as a form of punishment is a concept that is offensive in principle. Not only may it affect a person's capacity to survive but it deprives him/her of a portion of rations that are at best adequate.