Human Rights: Understanding Arrest Procedures and Laws in Papua New Guinea

In Papua New Guinea, citizens have certain rights when they are arrested by the police. These rights are outlined in the Constitution of Papua New Guinea, as well as in the Criminal Code and the Arrest Act 1977. The PNG National and Supreme Court have also issued several landmark rulings that have clarified and reinforced these rights.

Right to be informed

One of the most important rights that citizens have when they are arrested is the right to be informed of the reason for their arrest. This is known as the right to be informed of the grounds of arrest, and it is enshrined in section 42(2)(a) of the Constitution of Papua New Guinea. In the case of Re Wartoto [2017] PGSC 5, the Supreme Court of Papua New Guinea held that this right is non-negotiable and must be strictly adhered to by the police. The court stated that failure to inform an arrestee of the grounds of arrest can result in a breach of their constitutional rights.

Right to legal representation

Another important right that citizens have when they are arrested is the right to legal representation. This means that they have the right to consult with a lawyer, and to have a lawyer present during any questioning or interrogation by the police. This right is enshrined in section 42(2)(b) of the Constitution of Papua New Guinea. In the case of Kamdum v The State [2014] PGNC 107; N7302, the National Court of Papua New Guinea held that this right is fundamental to the proper administration of justice, and that the police must ensure that it is respected.

Right to humanely Treatment

Citizens who are arrested also have the right to be treated humanely and with dignity. This means that they must not be subjected to any form of torture, cruel, or degrading treatment. This right is enshrined in section 36 of the Constitution of Papua New Guinea. In the case of The State v Poka [2011] PGNC 131; N4962, the National Court of Papua New Guinea held that this right is absolute and cannot be compromised under any circumstances.

Appear in court

Finally, citizens who are arrested have the right to be brought before a court as soon as reasonably practicable. This means that they must be brought before a court within a reasonable amount of time after their arrest. This right is enshrined in section 42(3)(a) and (b) of the Constitution of Papua New Guinea. In the case of Nui v State [2011] PGNC 128; N4802, the National Court of Papua New Guinea held that this right is essential to the protection of citizens' rights, and that any delay in bringing an arrestee before a court can result in a breach of their constitutional rights.

In conclusion, citizens in Papua New Guinea have a number of important rights when they are arrested by the police. These rights are enshrined in the Constitution of Papua New Guinea, as well as in the Criminal Code and the Arrest Act 1977. The PNG National and Supreme Court have also issued several landmark rulings that have clarified and reinforced these rights. It is important for citizens to be aware of these rights, and to assert them when necessary in order to ensure that their rights are protected.