A Guide to Addressing Unlawful Detention in Papua New Guinea
Patrick Nomos | 26/2/2021
(Photo Credit: Police Cells - Courtesy of Pexels)
Try to imagine that, as a Papua New Guinea (PNG) citizen, you or a family member are suddenly arrested, with or without an arrest warrant, by the Royal PNG Constabulary (police) and held without charge in the local police station cells for up to three months while the police gather evidence to support their actions. Though this example of unlawful arrest and detention may sound fanciful, it happens often enough for the PNG Constitution to contain a special reference, Section 42(5), to address this issue.
Section 42(5) (liberty of the person) of the PNG Constitution states, "Where complaint is made to the National Court or a Judge that a person is unlawfully or unreasonably detained -
(a) the National Court or a Judge shall inquire into the complaint and order the person concerned to be brought before it or him; and
(b) unless the Court or Judge is satisfied that the detention is lawful, and in the case of a person being detained on remand pending his trial does not constitute an unreasonable detention having regard, in particular, to its length, the Court or a Judge shall order his release either unconditionally or subject to such conditions as the Court or Judge thinks fit".
To submit a, "Complaint of unlawful or unreasonable detention under Section 42(5) of the Constitution", a complainant must complete a National Court Form 125*, a simple two-page form that requires the following information:
1. Name of complainant;
2. Address;
3. Phone numbers;
4. Where have you been detained? (Give name of Police Lock-up or Correctional Institution). For how long have you been detained? What happened? Tell your story why you say you have been unlawfully or unreasonably detained; and
5. Signature of Complainant.
The complaint may be made by the complainant filling in the form and having it submitted by a trusted person to:
a. a Clerk of the District Court;
b. the Assistant Registrar in the complainant's town;
c. a Judge of the National Court in the complainant's Province; or
d. the Registrar of the National Court, P.O. Box 7018, Boroko, NCD.
National Court Form 125 instructs Court Clerks, "When this form is handed to you, please forward it as quickly as possible to the Registrar of the National Court. Fax: 325 7732, P.O. Box 7018, Boroko, NCD."
*Copies of National Court Form 125 are available from offices of the National Court and Public Solicitor in PNG towns and cities.
Photo: National Court Registry, Wewak, Papua New Guinea - courtesy of eveningreport.nz