THE High Court yesterday released on bail six remand prisoners from a jail because the cells they were in were "not fit for human habitation".

And Justice Nazhat Shameem warned that any remand prisoners sent to Suva Prison's Awaiting-Trial block would be granted bail if they applied to the High Court.

Justice Shameem granted bail to Mohammed Sahid, Sakiusa Vasuitoga, Jeke Vakararawa, Iliesa Vakaloloma, Petaia Vuli, Peni Bainivalu.

A seventh prisoner, Solomoni Qurai, was not granted bail because he is now a serving prisoner and no longer kept in the Awaiting-Trial Block.

The seven prisoners faced different charges.

Ruling on the applications for bail by the seven, Justice Shameem said she accepted such a step could create a serious law and order situation for the police.

But, she said, the state of the block housing people awaiting trial left her with no other choice.

"The cells are not fit for human habitation," she said.

"In 2004, I received assurances from the Prisons Department that the prisoners would not be returned to the Awaiting-Trial Block from the Sacau Dormitory."She said those assurances had not been honoured.

Justice Shameem said this year, she heard evidence from a number of prison officers, including the officer-in-charge on the conditions of custody in the Awaiting-Trial Block.

She said in her ruling: "Each applicant is granted bail pending trial on the ground that the conditions of his custody are in breach of section 25 of the Constitution."

Justice Shameem said the position taken by the Prisons Department in the saga had done nothing to enhance the reputation of the prisons service in the eyes of the court.

"The officer-in-charge of Korovou Prison, Superintendent Eliki Satakala, while conceding that the applicants were once again in the ATB, said the conditions were alleviated by the fact that for most of the day, the inmates were allowed recreation in the prison courtyard," she said.

"On that basis, bail has been refused for several applicants in the past.

"However, the complaints of all the applicants continued unabated. In particular all applicants denied that they are released for several hours a day and said that in fact they were locked up for 23 hours a day."

Last week, the Human Rights Commission presented a report in the High Court that described the conditions of the ATB.

The report found that three prisoners were kept in a room, water seeped through the walls whenever it rained, a bucket had to be shared by the prisoners at night for waste discharge and flees were found in the blocks.

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