In the matter of Enforcement of Basic Rights and Human Rights under the Constitution of the Independent State of Papua New Guinea, Section 57 and The Constitution of the Autonomous Region of Bougainville, Section 183; Re Conditions of Detention at Buka Police Lock-Up and the need to secure funding for, build and equip a proper Correctional Institution for the Autonomous Region of Bougainville (2006) N4976

• Jurisdiction: Papua New Guinea
• Citation: (2006) N4976
• Date: 06 October 2006
• Docket Number: MP NO 726 0F 2006
• Court: National Court
• Year: 2006

Full Title: MP NO 726 0F 2006; In the matter of Enforcement of Basic Rights and Human Rights under the Constitution of the Independent State of Papua New Guinea, Section 57 and The Constitution of the Autonomous Region of Bougainville, Section 183; Re Conditions of Detention at Buka Police Lock-Up and the need to secure funding for, build and equip a proper Correctional Institution for the Autonomous Region of Bougainville (2006) N4976

National Court: Cannings J

Judgment Delivered: 6 October 2006

HUMAN RIGHTS—conditions of detention for detainees—prisoners and remandees—police lock-up—need for conditions of detention to comply with constitutional requirements—Constitution of the Independent State of Papua New Guinea, s36: freedom from inhuman treatment—s37: protection of the law—Constitution of the Autonomous Region of Bougainville, s178: basic rights.

CONSTITUTIONAL LAW—Basic Rights—enforcement of basic rights—Constitution of the Independent State of Papua New Guinea, s57: enforcement of guaranteed rights and freedoms—Constitution of the Autonomous Region of Bougainville, s183: enforcement of guaranteed rights and freedoms—power of National Court to enforce human rights—National Court shall protect and enforce rights on application or on its own initiative.

This is a follow-up of orders made by the National Court on 25 August 2006. The court made orders then to deal with two pressing human rights matters: the existing condition of the Buka police lock-up and the need to secure funding for, and build and equip, a proper correctional institution for Bougainville as a matter of urgency.

Held:

(1) The orders of 25 August 2006 concerning the Buka police lock-up remain in force and are supplemented by a further order that a progress report be filed, in affidavit form, to the court on 25 October 2006 with a view to completing remedial work by 25 November 2006.

(2) As to the need to secure funding for, and build and equip, a proper correctional institution for Bougainville as a matter of urgency, the Administrator of the Autonomous Region of Bougainville and the Commissioner of the Correctional Service are to file progress reports, on a monthly basis, until the court is satisfied that this pressing human rights issue has been resolved.

Cases cited

The following cases are cited in the judgment:

Applications by John Ritsi Kutetoa, George Taunde, Titus Soumi and Andrew Amid (2005) N2819; Re Conditions of Detention at Bialla Police Lock-Up, WNBP (2006) N3022; Re Conditions of Detention at Kimbe Police Lock-Up WNB (2006) N3918

ENFORCEMENT OF BASIC RIGHTS AND HUMAN RIGHTS

This is an enforcement of basic rights, also known as human rights, by the National Court acting on both application and its own initiative.

1. CANNINGS J: These are my reasons for making further orders regarding two matters:

• the Buka police lock-up; and

• the need to secure funding for, and build and equip, a proper correctional institution for Bougainville as a matter of urgency.

2. On Friday 25 August 2006 I made orders under s57(1), s57(3) and s57(5) of the National Constitution and s183(1), s183(3) and s183(5) of the Bougainville Constitution, to enforce the rights of any person in future detained at the Buka police lock-up or detained in custody under a sentence or other order of a court on Bougainville. The jail at Kieta was destroyed during the Bougainville Crisis and Bougainville still does not have a proper jail. The Buka police...