Death Penalty Database

Papua New Guinea

Information current as of: January 23, 2011

General

Official Country Name

Independent State of Papua New Guinea (Papua New Guinea). [1]

Geographical Region

Oceania (Melanesia). [2]

Death Penalty Law Status

Abolitionist de facto. The last execution was carried out in 1954. [3]

Methods of Execution

Hanging. [4]

Lethal Injection.

Shooting. [5]

Other. [6]

Other.
Asphyxiation. [7]

References

[1] BBC Country Profiles: Papua New Guinea, https://www.bbc.com/news/world-asia-pacific-15436981, Jan. 14, 2018.
[2] U.N. Statistics Division, Standard country or area codes for statistical use (M49), https://unstats.un.org/unsd/methodology/m49/, last accessed Apr. 4, 2019.
[3] Yombi Kep, UN Pushes For PNG To Abolish Death Penalty, Papua New Guinea Post-Courier, https://postcourier.com.pg/un-pushes-png-abolish-death-penalty/, Oct. 12, 2018.
[4] Criminal Code Act of Papua New Guinea, secs. 597, 614, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by sections 8 and 9 of the Criminal Code (Amendment) Act 2013 to expand the methods of execution.
[5] Criminal Code Act of Papua New Guinea, secs. 597, 614, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by sections 8 and 9 of the Criminal Code (Amendment) Act 2013 to expand the methods of execution.
[6] Criminal Code Act of Papua New Guinea, secs. 597, 614, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by sections 8 and 9 of the Criminal Code (Amendment) Act 2013 to expand the methods of execution.
[7] Criminal Code Act of Papua New Guinea, secs. 597, 614, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by sections 8 and 9 of the Criminal Code (Amendment) Act 2013 to expand the methods of execution.

Country Details

Language(s)

English, Tok Pisin, Hiri Motu. [1]

Population

8,000,000. [2]

Number of Individuals Currently Under Sentence of Death

Approximately 16. In July 2018, eight people were sentenced to death in Papua New Guinea for killing seven people in 2004. [3] They were part of a group of 97 villagers who approached a nearby village motivated by fear of sorcery. [4] The remaining 88 people were given a life sentence (one person had previously died). [5] These eight villagers joined eight other people previously under sentence of death, though one had escaped from Bomana prison. [6]

(This question was updated on April 9, 2019.)

Annual Number of Reported Executions

Executions in 2019 to date (last updated on June 19, 2019)

0. [7]

Executions in 2018

0. [8]

Executions in 2017

0. [9]

Executions in 2016

0. [10]

Executions in 2015

0. [11]

Executions in 2014

0. [12]

Executions in 2013

0. [13]

Executions in 2012

0. [14]

Executions in 2011

0. [15]

Executions in 2010

0. [16]

Executions in 2009

0. [17]

Executions in 2008

0. [18]

Executions in 2007

0. [19]

Year of Last Known Execution

1954. [20]

References

[1] BBC Country Profiles: Papua New Guinea, https://www.bbc.com/news/world-asia-pacific-15436981, Jan. 14, 2018.
[2] BBC Country Profiles: Papua New Guinea, https://www.bbc.com/news/world-asia-pacific-15436981, Jan. 14, 2018.
[3] RNZ, Eight get death penalty over PNG sorcery killings in 2014, https://www.radionz.co.nz/international/pacific-news/362643/eight-get-death-penalty-over-png-sorcery-killings-in-2014, Jul. 25, 2018.
[4] RNZ, Eight get death penalty over PNG sorcery killings in 2014, https://www.radionz.co.nz/international/pacific-news/362643/eight-get-death-penalty-over-png-sorcery-killings-in-2014, Jul. 25, 2018.
[5] RNZ, Eight get death penalty over PNG sorcery killings in 2014, https://www.radionz.co.nz/international/pacific-news/362643/eight-get-death-penalty-over-png-sorcery-killings-in-2014, Jul. 25, 2018.
[6] The National, 8 on death row, https://www.thenational.com.pg/8-death-row/, Feb. 9, 2018.
[7] DPW Executions and Death Sentences Monitor.
[8] Amnesty Intl., Death Sentences and Executions 2018, p. 19, ACT 50/9870/2019, Apr. 10, 2019.
[9] Amnesty Intl., Death Sentences and Executions in 2017, p. 41, ACT 50/7955/2018, Apr. 12, 2018.
[10] Amnesty Intl., Death Sentences and Executions in 2016, p. 43, ACT 50/5740/2017, Apr. 11, 2017.
[11] Amnesty Intl., Death Sentences and Executions in 2015, p. 66, ACT 50/3487/2016, Apr. 6, 2016
[12] Amnesty Intl., Death Sentences and Executions in 2014, p. 65, ACT 50/001/2015, Mar. 31, 2015
[13] Amnesty Intl., Death Sentences and Executions in 2013, p. 53, ACT 50/001/2014, Mar. 26, 2014
[14] Amnesty Intl., Death Sentences and Executions in 2012, p. 51, ACT 50/001/2013, Apr. 10, 2013.
[15] Amnesty Intl., Death Sentences and Executions in 2011, p. 58, ACT 50/001/2012, Mar. 27, 2012.
[16] Amnesty Intl., Death Sentences and Executions in 2010, p. 45, ACT 50/001/2011, Mar. 28, 2011.
[17] Amnesty Intl., Death Sentences and Executions in 2009, p. 29, ACT 50/001/2010, Mar. 30, 2010.
[18] Amnesty Intl., Death Sentences and Executions in 2008, pp. 22–23, ACT 50/003/2009, Mar. 24, 2009.
[19] Amnesty Intl., Death Sentences and Executions in 2007, p. 5, ACT 50/001/2008, Apr. 15, 2008.
[20] Yombi Kep, UN Pushes For PNG To Abolish Death Penalty, Papua New Guinea Post-Courier, https://postcourier.com.pg/un-pushes-png-abolish-death-penalty/, Oct. 12, 2018.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Murder.
Willful murder—defined as unlawfully killing a person intending to cause his or another person’s death—is punishable by death. [1] The death penalty may only be imposed in the absence of sufficient mitigating or extenuating circumstances. [2] In these cases, premeditation must be proved. [3] Intentionally killing a person due to an accusation of that person practicing sorcery caries the death penalty as an act of willful murder. [4]

Treason.
The punishment for treason is death. [5]

Rape Not Resulting in Death.
Aggravated rape carries the death penalty. [6] Rape is considered aggravated when the accused is armed with a weapon, when perpetrated by more than one person, if it causes grievous bodily harm, or if the victim is a child under 10 years of age. [7]

Robbery Not Resulting in Death.
Robbery is punishable by death if the accused is armed with a dangerous or offensive weapon or instrument; or is in company with one or more other persons; or immediately before or immediately after the time of the robbery harms any person. [8]

Other Offenses Resulting in Death.
Piracy may be punished with the death penalty if acts of assault of any person on board or of belonging to the ship, with the intention to cause death, occur. The death penalty may also be applied where a person is wounded, or a perpetrator unlawfully commits any act that may endanger any person’s life. Further, attempted piracy with personal violence or with the intention to commit these acts may receive the death penalty. [9]

Comments.
According to Ume v. State, the death penalty may be imposed as a matter of discretion and only after a judge has factually determined that an aggravated offence was committed, as well as in cases in which mitigating factors or extenuating circumstances do not result in leniency.

Does the country have a mandatory death penalty?

No. Under section 19 of the Criminal Code, a person may be sentenced to life imprisonment or any lesser term instead of the death penalty unless specifically prohibited by law. [10] Further, none of the death-eligible offenses specifically prohibits courts from exercising that discretion. [11] In its decision in Ume v. State in 2006, Papua New Guinea’s Supreme Court outlined the history of the death penalty in Papua New Guinea and explained that the death penalty is the maximum penalty for any death-eligible offense, and may not be applied without full consideration of aggravating and mitigating factors and the circumstances of the offense. [12]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

Under section 19 of the Criminal Code, courts have broad discretion to assign a penalty lesser than death, and none of the death-eligible offenses specifically prohibit a court’s exercise of that discretion. [13] In Ume v. State, Papua New Guinea’s Supreme Court outlined the legislative history behind the abolishment of the mandatory death penalty in Papua New Guinea. [14]

Crimes For Which Individuals Have Been Executed Since January 2008:

No one has been executed since 1954. [15]

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
We did not find a law that excludes individuals below the age of 18 at the time of committing an offense from execution. Nevertheless, the constitution of Papua New Guinea requires courts to consider an array of international instruments and customary law in determining whether a law comports with proper regard for the rights and dignity of individuals. [16] Papua New Guinea has ratified the International Covenant on Civil and Political Rights and the Covenant on the Rights of the Child, which prohibit State parties from imposing death sentences on people under 18. [17]

Pregnant Women.
If a woman sentenced to death is pregnant, she may apply for a stay of execution until after the pregnancy is over. [18]

Mentally Ill.
A person “in such a state of mental disease or natural mental infirmity” that he is unable to understand his actions or unable to control his actions is not criminally liable, [19] and a person who commits an offense due to a delusion is held liable only insofar as the delusion would support criminal liability if it were true. [20]

Intellectually Disabled.
A person “in such a state of mental disease or natural mental infirmity” that he is unable to understand his actions or unable to control his actions is not criminally liable. [21] It is possible that this definition could include intellectual disability. A Supreme Court opinion from 2006 further suggests that “sophistication” and mental capacity beyond mere sanity could be a consideration in sentencing. [22]

References

[1] Criminal Code Act of Papua New Guinea, sec. 299(2), 1974, as updated through to Dec. 13, 2016.
[2] Ume v. State, paras. 51–67, SCRA 10 of 1997, Supreme Ct. of Justice, May 19, 2006.
[3] Mange Matui, Trial Practice and Criminal Procedure in Papua New Guinea, pp. 193–194, UPNG Press and Bookshop, 2017.
[4] Criminal Code Act of Papua New Guinea, sec. 299A(1), 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by Section 1 of the Criminal Code (Amendment) Act 2013 to add section 299(A) on the willful murder of a person on account of accusation of sorcery.
[5] Criminal Code Act of Papua New Guinea, sec. 37, 1974, as updated through to Dec. 13, 2016.
[6] Criminal Code Act of Papua New Guinea, sec. 347C, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by Section 2 of the Criminal Code (Amendment) Act 2013 to add section 347C on aggravated rape.
[7] Criminal Code Act of Papua New Guinea, sec. 347C, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by Section 2 of the Criminal Code (Amendment) Act 2013 to add section 347C on aggravated rape.
[8] Criminal Code Act of Papua New Guinea, sec. 386(2), 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by Section 7 of the Criminal Code (Amendment) Act 2013 to introduce the death penalty as punishment for aggravated robbery (a crime previously punished with life in prison).
[9] Criminal Code Act of Papua New Guinea, secs. 81–82, 1974, as updated through to Dec. 13, 2016.
[10] Criminal Code Act of Papua New Guinea, sec. 19, 1974, as updated through to Dec. 13, 2016.
[11] Criminal Code Act of Papua New Guinea, secs. 19, 37, 81–82, 299, 598, ns. 7 & 8, 1974, as updated through to Dec. 13, 2016.
[12] Ume v. State, paras. 39–40, SCRA 10 of 1997, Supreme Ct. of Justice, May 19, 2006.
[13] Criminal Code Act of Papua New Guinea, secs. 19, 37, 81–82, 299, 598, ns. 7 & 8, 1974, as updated through to Dec. 13, 2016.
[14] Ume v. State, paras. 8–39, SCRA 10 of 1997, Supreme Ct. of Justice, May 19, 2006.
[15] Yombi Kep, UN Pushes For PNG To Abolish Death Penalty, Papua New Guinea Post-Courier, https://postcourier.com.pg/un-pushes-png-abolish-death-penalty/, Oct. 12, 2018.
[16] Constitution of the Independent State of Papua New Guinea, sec. 39, Sep. 16, 1975, as updated through to 2016. In practice, this is a meaningful provision in Papua New Guinea—for example, see Ume v. State, paras. 51–67, SCRA 10 of 1997, Supreme Ct. of Justice, May 19, 2006.
[17] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 8, 2019; Status, Declarations, and Reservations, CRC, 1577 U.N.T.S. 3, Nov. 20, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en, last accessed Apr. 8, 2019.
[18] Criminal Code Act of Papua New Guinea, sec. 599, 1974, as updated through to Dec. 13, 2016.
[19] Criminal Code Act of Papua New Guinea, sec. 28(1), 1974, as updated through to Dec. 13, 2016.
[20] Criminal Code Act of Papua New Guinea, sec. 28, 1974, as updated through to Dec. 13, 2016.
[21] Criminal Code Act of Papua New Guinea, sec. 28(1), 1974, as updated through to Dec. 13, 2016.
[22] Ume v. State, para. 74, SCRA 10 of 1997, Supreme Ct. of Justice, May 19, 2006.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

Jul. 21, 2008. [2]

Signed?

No. [3]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

No. [4]

Date of Accession

Not Applicable.

Signed?

No. [5]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [6]

Date of Accession

Not Applicable.

Signed?

No. [7]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on the Rights and Welfare of the Child

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [8]

Vote

Against. [9]

Signed the Note Verbale of Dissociation

Yes. [10]

2018 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

Vote

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Signed the Note Verbale of Dissociation

Cosponsor

No. [11]

Vote

Against. [12]

Signed the Note Verbale of Dissociation

No. [13]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [14]

Vote

Abstained. [15]

Signed the Note Verbale of Dissociation

Yes. [16]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [17]

Vote

Against. [18]

Signed the Note Verbale of Dissociation

Yes. [19]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [20]

Vote

Abstained. [21]

Signed the Note Verbale of Dissociation

Yes. [22]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [23]

Vote

Against. [24]

Signed the Note Verbale of Dissociation

Yes. [25]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4?=en, last accessed Oct. 19, 2010.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4?=en, last accessed Oct. 19, 2010.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4?=en, last accessed Oct. 19, 2010.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4?=en, last accessed Oct. 19, 2010.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4?=en, last accessed Oct. 19, 2010.
[6] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4?=en, last accessed Oct. 19, 2010.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4?=en, last accessed Oct. 19, 2010.
[8] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[9] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[10] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. A/71/1047, Sep. 13, 2017.
[11] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[12] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[13] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[14] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[15] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[16] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[17] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[18] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[19] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[20] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[21] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[22] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[23] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. 3-4, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[24] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[25] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

The Constitution states that no person shall be deprived of life “except in execution of a sentence of a court following his conviction of an offence for which the penalty of death is prescribed by law.” [1] Additionally, the Constitution specifies that while capital punishment does not contravene the prohibition of inhuman treatment “the manner or the circumstances of the killing may contravene it.” [2]

Does the country’s constitution make reference to international law?

The Constitution specifies that courts determining whether a law may be applied “in a democratic society that has a proper regard for the rights and dignity of mankind” may look to a number of specific international instruments as well as foreign and international courts, customary law, and other international influences. [3] Essentially, a court determining whether a law is arbitrary or inhuman must consider relevant conventions, jurisprudence and jurisdictions worldwide. [4]

Have there been any significant changes in the application of the death penalty over the last several years?

Papua New Guinea has instituted changes to the legal framework governing the application of the death penalty. [5] It has instituted changes to both execution methods and the crimes that are death-eligible. Even though there has not been an execution snice 1954, in 2013, Papua New Guinea amended its Criminal Code Act to include additional methods of execution. [6] In addition to hanging, methods of execution include lethal injection, the administration of anesthetic and deprivation of oxygen, death by firing squad, or electrocution. [7] Papua New Guinea has also instituted legislative changes to the offenses that carry the death penalty. In 2013, the government reinstated laws on the death penalty and included sorcery-related murder, aggravated rape, and robbery with violence in its list of crimes that could incur the death penalty. [8] In February 2015, the Cabinet announced that it had introduced new guidelines for implementation. [9]

These changes were made in the aftermath of several high-profile crimes. In 2013, an American academic—who was in Papua New Guinea conducting research on birds—was gang-raped by nine men armed with rifles and knives while walking with her husband and a guide on Kakar Island [10] and, in the same year, an Australian man was killed and a Filipino woman was gang-raped after their home in the highlands was broken into. [11] The extension of the death penalty received attention and condemnation from the United Nations and Amnesty International. [12]

(This question was last updated on April 8, 2019.)

Is there currently an official moratorium on executions within the country?

No, there is no official moratorium on executions in Papua New Guinea. [13]

Have there been any significant published cases concerning the death penalty in national courts?

While it may be unlikely that Ume v. State, decided in 2006, represents a change in jurisprudence in Papua New Guinea, this case outlines a century of legislative and common law development and is the seminal case regarding judicial discretion in Papua New Guinea. In Ume, the Court reduced the death sentences of petitioners; these sentences had been pronounced by a trial court judge who had failed to make adequate factual determinations regarding aggravating factors and who had “completely shut his mind to the existence of any mitigating factors.” [14] The court outlined the legislative history of the death penalty in Papua New Guinea, illustrating that the death penalty in Papua New Guinea is beyond question a discretionary penalty. [15] Because the legislature had not outlined a framework for which cases warrant a death penalty, the Court considered other jurisdictions where a discretionary death penalty exists; the Court determined that the death penalty can apply only for seriously aggravated offenses where mitigating factors or extenuating circumstances are insufficient to suggest leniency is appropriate in light of the gravity of the offense. [16]

Where can one locate or access judicial decisions regarding the death penalty?

Judgments of the National Court, decisions on appeal before the Supreme Court, and the decisions of other courts can be accessed at http://www.paclii.org/databases.html#PG.

What is the clemency process?

Consideration of clemency begins after conviction. The Advisory Committee on the Power of Mercy, which consists of a lawyer, a doctor with psychiatric experience, a member of Parliament, a religious minister and a community worker, investigates a sentencing decision and provides majority and dissenting reports to the National Executive Council, which makes recommendations to the head of state. The head of state must exercise the power of mercy in accordance with the advice of the Council. [17]

Are jury trials provided for defendants charged with capital offenses?

Jury trials are not provided. [18]

Brief Description of Appellate Process

Capital offenses are tried before the National Court in its original jurisdiction; the District Courts may hear criminal cases only if they are fit for summary adjudication or are not indictable offenses. [19] Appeals are from the National Court to the Supreme Court on questions of fact, law and mixed law and fact. [20] Appeals in criminal cases are as of right on questions of law and mixed fact and law, and by leave of the Supreme Court or certification of the National Court on questions of fact alone. [21] The prosecutor may appeal a sentencing decision of the National Court. [22] An acquittal is not appealable by the prosecutor, who may only appeal to the Supreme Court for an advisory opinion on a point of law. [23]

References

[1] Constitution of the Independent State of Papua New Guinea, art. 35, Sep. 16, 1975, as updated through to 2016.
[2] Constitution of the Independent State of Papua New Guinea, arts. 35–36, Sep. 16, 1975, as updated through to 2016 (we take “the manner or the circumstances of the killing” to refer to the specific application of capital punishment).
[3] Constitution of the Independent State of Papua New Guinea, art. 39, Sep. 16, 1975, as updated through to 2016.
[4] Constitution of the Independent State of Papua New Guinea, art. 39, Sep. 16, 1975, as updated through to 2016.
[5] Betheli O’Carroll, Human Rights Concerns with PNG reinstating the death penalty, Regarding Rights, http://asiapacific.anu.edu.au/regarding-rights/2014/09/26/human-rights-concerns-with-png-reinstating-the-death-penalty/, Sep. 26, 2014.
[6] Criminal Code Act of Papua New Guinea, secs. 597, 614, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by sections 8 and 9 of the Criminal Code (Amendment) Act 2013 to expand the methods of execution.
[7] Criminal Code Act of Papua New Guinea, secs. 597, 614, 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by sections 8 and 9 of the Criminal Code (Amendment) Act 2013 to expand the methods of execution.
[8] UN News, UN human rights office regrets Papua New Guiena’s decision to resume death penalty, https://news.un.org/en/story/2013/05/441052#.VNUU6WPVvTp, May 31, 2013. Criminal Code Act of Papua New Guinea, secs. 299A(1), 347C, 386(2), 1974, as updated through to Dec. 13, 2016. The Criminal Code Act 1974 was amended by Sections 1, 2, and 7 of the Criminal Code (Amendment) Act 2013 to include sorcery-related murder, aggravated rape, and aggravated robbery, respectively, as death-eligible offenses.
[9] Global Legal Monitor, Library of Congress, Papua New Guinea: Cabinet Approves Guidelines for Implementation of the Death Penalty, http://www.loc.gov/law/foreign-news/article/papua-new-guinea-cabinet-approves-guidelines-for-implementation-of-the-death-penalty/, Feb. 11, 2015.
[10] ABC, US woman gang-raped in PNG, https://www.abc.net.au/news/2013-04-21/an-us-academic-gang-raped-in-png/4642150, Apr. 21, 2013.
[11] Liam Fox, Australian murdered, woman gang-raped in PNG, ABC, https://www.abc.net.au/news/2013-04-16/australian-murdered-in-png/4631984, Apr. 16, 2013.
[12] Rob Taylor, Papua New Guinea reinstates death penalty after gruesome sorcery killings, rapes, Reuters, https://www.reuters.com/article/us-png-deathpenalty/papua-new-guinea-reinstates-death-penalty-after-gruesome-sorcery-killings-rapes-idUSBRE94S04R20130529, May 29, 2013.
[13] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Papua New Guinea, paras. 45, 96, 104.80, 104.81, 104.83, 104.85, 104.87, 104.89, 104.90, 104.91, U.N. Doc. A.HRC/33/10, Jul. 13, 2016.
[14] Ume v. State, para. 74, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[15] Ume v. State, paras. 8-39, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[16] Ume v. State, paras. 43-45, 51-67, 74-77, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[17] Constitution of the Independent State of Papua New Guinea, arts. 151-152, Sep. 16, 1975; Organic Law on the Advisory Committee on the Power of Mercy, secs. 1-2, date unknown.
[18] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010.
[19] Papua New Guinea District Courts Act, sec. 20, 1963.
[20] Papua New Guinea Supreme Court Act, sec. 4, 1975.
[21] Papua New Guinea Supreme Court Act, sec. 22, 1975.
[22] Papua New Guinea Supreme Court Act, sec. 24, 1975.
[23] Papua New Guinea Supreme Court Act, secs. 25-26, 1975. Interestingly, on an appeal by the prosecutor for an advisory opinion, the acquitted defendant is treated as a respondent to the petition. Note that it is impossible to appeal the National Court’s quashing of a death sentence because the National Courts have original, not appellate jurisdiction over capital offenses. Papua New Guinea District Courts Act, sec. 20, 1963.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

There are reports that death row prisoners are housed in Kerevat prison in East New Britain or at Bomana Prison in Port Moresby. [1]

(This question was last updated on April 8, 2019.)

Description of Prison Conditions

Papua New Guinea permits human rights monitors [2] and journalists [3] to visit its prisons, though few reportedly do so. [4] In late May 2010, Manfred Nowak, the UN Special Rapporteur on torture, reported on his visit to the nation’s prisons. [5]

According to the U.S. Department of State, prisons were overcrowded in 2009 due to the temporary closure of two prisons, with approximately 4,900 prisoners held in a system with accommodations for only 3,600. [6] The International Centre for Prison Studies at King’s College in London suggests that, even at full capacity, Papua New Guinea’s prison system could accommodate only about 4,400 individuals. The ICPS’s report also suggests that approximately 700 prisoners were unaccounted for in the Department of State’s reporting, perhaps because the ICPS report includes pre-trial detainees, who are reportedly held with convicted prisoners. [7]

Aerial photographs of Bomana Prison and close-up photography of another prison of similar design show that living conditions on death row may be spartan and unhygienic, prisoners may have to sleep on mats in large common cells, buildings may be open-air and compounds and appear to lack distinct medical and nutritional facilities. [8] The Department of State reports that medical facilities are, in most prisons, non-existent and that nutrition, water and bedding are inadequate. Underfunding is a serious obstacle to improving conditions. Additionally, a sluggish criminal justice process results in lengthy pre-trial detention, and vulnerable people such as juveniles or women are sometimes held alongside adult male offenders, resulting in abuse. [9] A May 2010 report by Manfred Nowak, the UN Special Rapporteur on torture, indicates that at Bomana Prison, overcrowding and lack of resources and medical care is a problem, boys may be mixed with adults (who are not separated on the basis of sentence), and women are held in separate, better-maintained facilities staffed by female guards. Additionally, Nowak’s report indicates that access to rehabilitative services, vocational training and the like is very limited, although some prisoners are able to work outside of prisons. [10]

Reliable sources indicate that prison security is a major problem. At least some prisoners are held in mass cells; [11] on one occasion a prison’s guards (all of them) failed to appear on-duty due to a pay dispute, leading to a mass escape that went undiscovered (whilst police were providing security for the PNG-AU rugby match, at which the Prime Minister of Australia was present) until hours after the fact; on another occasion, notorious criminals, including death row prisoners, were able to stage a jailbreak with the help of a woman who, impersonating an attorney, smuggled a gun into Bomana Prison. [12] Nowak’s 2010 report suggests that internal and external security in correctional facilities is flawed and that, in response, guards engage in punitive beatings. He reported severe collective punishments. Escapees, after recapture, could face crippling by gunshot or knife and prolonged denial of medical attention, sometimes leading to death. [13]

Are there any known foreign nationals currently under sentence of death?

We did not find any reports of foreign nationals held under sentence of death in Papua New Guinea; the International Centre for Prison Studies at King’s College, London reports that as of June 19, 2009, there were approximately 21 foreigners incarcerated for various offenses in Papua New Guinea. [14]

What are the nationalities of the known foreign nationals on death row?

We did not find reports of foreign nationals held under sentence of death in Papua New Guinea.

Are there any known women currently under sentence of death?

In our research, we did come across reports of women who potentially faced capital charges; [15] however, we did not find reports of women on death row.

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

We did not find any reports of juveniles held under sentence of death.

Comments regarding the racial/ethnic composition on death row

We did not find any reports regarding ethnic disparities on death row, although there is some potential for cultural disparity. Papua New Guinea is an extraordinarily diverse country, with several thousand separate communities and approximately 860 known spoken languages. While tribal/group conflict-based killing is outlawed, courts appear to consider the reality of this situation in sentencing decisions involving group violence. [16]

Membership in lawful communities and conversion to the Christian faith is taken as a mitigating factor, but a person’s lack of “sophistication” could also be considered a mitigating factor. [17] It is difficult to know whether this results (or could result) in cultural disparity in sentencing, or whether instead courts fairly consider any relevance these factors have to an offender’s culpability or reformation.

Are there lawyers available for indigent defendants facing capital trials?

Indigent individuals facing charges punishable by over two years’ imprisonment are provided attorneys by the Public Solicitor’s Office (the Public Defender). The Public Solicitor determines whether to accept a case; this decision is reviewable by the National Court. [18]

Are there lawyers available for indigent prisoners on appeal?

Indigent individuals on appeal regarding an offense punishable by over two years’ imprisonment are provided attorneys by the Public Solicitor’s Office (the Public Defender). The Public Solicitor determines whether to accept a case; this decision is reviewable by the National Court. [19]

Comments on Quality of Legal Representation

We found no comments on the quality of legal representation. In one capital case, defendants were convicted of a seriously aggravated murder—a group of men had allegedly raped a woman and then tortured and murdered her by chopping her to death; this was in premeditated retaliation for an alleged act of her son against a member of their community. All of these factors are aggravating under Papua New Guinea law. Defendant’s counsel on appeal before the Supreme Court was able to obtain a reduced sentence of life imprisonment because the trial judge had failed to make a proper factual finding of rape and because defendant’s counsel showed that, effectively, the trial judge had “shut his mind” to the existence or relevance of mitigating factors. The ability of counsel to focus the court on grave inadequacies in sentencing amidst what the Court characterized as an extremely bad killing [20] seems to speak well of the quality of available representation in Papua New Guinea.

Other Comments on Criminal Justice System

Our research suggests that Papua New Guinea’s criminal justice system faces serious obstacles in extending the rule of law to tribal regions. Extrajudicial action (extreme though not lethal) by police forces in this regard is a serious problem. Manfred Nowak reported in mid-2010 that there are thoroughgoing problems with severe beatings by police rising to the level of torture, both for indiscriminate punishment and for use as an interrogation technique. A failure to discipline or control state security forces is a serious problem, and in some regions, private security forces carry out some of the duties of police. [21]

Pre-trial detention can be lengthy due to a lack of a sufficient number of judges, and prisoners and pre-trial detainees, including women and juveniles, suffer because of a lack of sufficient monetary resources. By and large, however, criminal justice is defined by impartial adjudication and adherence to and enforcement of high standards regarding the rights of the accused. [22]

References

[1] The National, 8 on death row, https://www.thenational.com.pg/8-death-row/, Feb. 9, 2018.
[2] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010.
[3] Benjamin Lowy, Papua New Guinea Prison, http://benlowy.com/#/editorial/papua-new-guinea-prison/VII_PNG0019, last accessed Oct. 19, 2010.
[4] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010.
[5] Manfred Nowak, UN Special Rapporteur on torture presents preliminary findings on his Mission to Papua New Guinea, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10058&LangID=E, May 25, 2010.
[6] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010.
[7] ICPS, Prison Brief for Papua New Guinea, King’s College in London, http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_country.php?country=205, last accessed Oct. 19, 2010; The Sydney Morning Herald, Fifty on Run After Papua New Guinea Prison Break: Official, http://www.smh.com.au/world/fifty-on-run-after-papua-new-guinea-prison-break-official-20090928-g97h.html, Sep. 29, 2009 (in which a prison official confirms that 22 of 50 escapees were convicts, whereas the others had merely been charged with an offense).
[8] For an aerial photo of this maximum security facility, see Wikimapia, Bomana Prison, http://wikimapia.org/#lat=-9.3771728&lon=147.2481466&z=18&l=0&m=b, last accessed Oct. 19, 2010. For close up photographs of a Papua New Guinea prison of similar design, see Benjamin Lowy, Papua New Guinea Prison, http://benlowy.com/#/editorial/papua-new-guinea-prison/VII_PNG0019, last accessed Oct. 19, 2010.
[9] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010.
[10] Manfred Nowak, UN Special Rapporteur on torture presents preliminary findings on his Mission to Papua New Guinea, Correctional Institutions, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10058&LangID=E, May 25, 2010.
[11] For an aerial photo of this maximum security facility, see Wikimapia, Bomana Prison, http://wikimapia.org/#lat=-9.3771728&lon=147.2481466&z=18&l=0&m=b, last accessed Oct. 19, 2010. For close up photographs of a Papua New Guinea prison of similar design, see Benjamin Lowy, Papua New Guinea Prison, http://benlowy.com/#/editorial/papua-new-guinea-prison/VII_PNG0019, last accessed Oct. 19, 2010.
[12] The Sydney Morning Herald, Fifty on Run After Papua New Guinea Prison Break: Official, http://www.smh.com.au/world/fifty-on-run-after-papua-new-guinea-prison-break-official-20090928-g97h.html, Sep. 29, 2009.
[13] Manfred Nowak, UN Special Rapporteur on torture presents preliminary findings on his Mission to Papua New Guinea, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10058&LangID=E, May 25, 2010.
[14] ICPS, Prison Brief for Papua New Guinea, King’s College in London, http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_country.php?country=205, last accessed Oct. 19, 2010.
[15] Human Rights Watch, Papua New Guinea: Don’t Regress on Death Penalty, http://www.hrw.org/en/news/2009/07/14/papua-new-guinea-don-t-regress-death-penalty, Jul. 14, 2009.
[16] Ume v. State, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[17] Ume v. State, para. 74, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[18] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010; Independent State of Papua New Guinea, Independent Office of the Public Solicitor, Legal Aid and Services: Range of Legal Services, http://www.paclii.org/pg/ops/Docs/Brochure%20-%20Legal%20Aid%20and%20Assistance.pdf, 2007.
[19] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010; Independent State of Papua New Guinea, Independent Office of the Public Solicitor, Legal Aid and Services: Range of Legal Services, http://www.paclii.org/pg/ops/Docs/Brochure%20-%20Legal%20Aid%20and%20Assistance.pdf, 2007.
[20] Ume v. State, generally, paras. 74, 82, 84, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[21] Manfred Nowak, UN Special Rapporteur on torture presents preliminary findings on his Mission to Papua New Guinea, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10058&LangID=E, May 25, 2010.
[22] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010; U.S. Dept. of State, Background Note: Papua New Guinea, http://www.state.gov/r/pa/ei/bgn/2797.htm, Oct. 8, 2010; Ume v. State, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

Papua New Guinea acceded to the International Covenant on Civil and Political Rights on July 21, 2008, [1] but it has not yet submitted its first state report, due since 2009. [2]

Decisions of Other Human Rights Bodies

The U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions visited Papua New Guinea in March 2014. [3] Papua New Guinea had not acceded to the International Covenant on Civil and Political Rights’ Second Optional Protocol, and its lack of support for the General Assembly resolution on establishing a moratorium on the death penalty was noted. [4] The Special Rapporteur praised the separation of men and women in correctional institutions, that juveniles were generally separated from adults but could interact with them during the day, and that persons under sentence of death at the Bomama prison were housed with other inmates. [5] The Special Rapporteur recommended that the death penalty be abolished and that the government ratify the Second Optional Protocol to the ICCPR. [6]

In 2016, Papua New Guinea underwent its second Universal Periodic Review under the auspices of the United Nations Human Rights Council. The Working Group on the Universal Periodic Review adopted a report that included concerns over the government’s intent to start imposing the death penalty as a result of high levels of in-country violence, [7] though the de facto moratorium on the death penalty was noted. [8] Several countries recommended that Papua New Guinea ratify the Second Optional Protocol to the ICCPR, maintain the de facto moratorium, confirm that executions would not be resumed, and take steps to implement a de jure moratorium and repeal the death penalty. [9] Papua New Guinea noted, rather than accepted, all recommendations related to the death penalty. [10]

(This question was last updated on April 10, 2019.)

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 20, 2019.
[2] U.N. Office of the High Commissioner for Human Rights, Reporting status for Papua New Guinea, https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=PNG&Lang=EN, last accessed Apr. 18, 2019.
[3] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, U.N. Doc. A/HRC/29/37/Add.1, Mar. 30, 2015.
[4] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, para. 10, U.N. Doc. A/HRC/29/37/Add.1, Mar. 30, 2015.
[5] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, para. 58, U.N. Doc. A/HRC/29/37/Add.1, Mar. 30, 2015.
[6] U.N.G.A., Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, para. 85, U.N. Doc. A/HRC/29/37/Add.1, Mar. 30, 2015.
[7] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Papua New Guinea, paras. 52, 84, U.N. Doc. A.HRC/33/10, Jul. 13, 2016.
[8] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Papua New Guinea, paras. 45, 96, U.N. Doc. A.HRC/33/10, Jul. 13, 2016.
[9] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Papua New Guinea, paras. 104.3, 104.4, 104.80–104.91, U.N. Doc. A.HRC/33/10, Jul. 13, 2016.
[10] UPR Info, Database of Recommendations, Search results for Papua New Guinea recommendations on the issue of the death penalty for 2nd Cycle UPR review, https://s.upr-info.org/2KMy1EB, last accessed Apr. 18, 2019.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

None.

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

None.

Helpful Reports and Publications

None.

Additional notes regarding this country

Papua New Guinea is an extraordinarily diverse country, with several thousand separate communities and approximately 860 known spoken languages. Many communities were (due to the mountainous terrain) until recently completely separate from each other and the outside world or historically engaged in tribal conflict. In this situation, and with the influx of modern weaponry, violence between community groups is increasingly serious. [1] Manfred Nowak, the UN Special Rapporteur on torture, indicated in May 2010 that the country faces high levels of internal violence exacerbated by the growing availability of firearms. [2]

The extreme diversity has been acknowledged as a factor in assuring human rights protections [3] and both in application of the rule of law and in violations by security forces. [4] A mid-2010 report by Manfred Nowak, the UN Special Rapporteur on torture, suggests that Papua New Guinea faces challenges in extending the rule of law, disciplining its security forces, and in dealing with the fact that private security forces are often turned to as a solution to security problems. [5] As Papua New Guinea continues to address issues inherent to its cultural and linguistic diversity, assurance of the rule of law and human rights protections remain a topic to follow.

References

[1] U.S. Dept. of State, Background Note: Papua New Guinea, http://www.state.gov/r/pa/ei/bgn/2797.htm, Oct. 8, 2010.
[2] Manfred Nowak, UN Special Rapporteur on torture presents preliminary findings on his Mission to Papua New Guinea, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10058&LangID=E, May 25, 2010.
[3] U.N. CRC, Committee on the Rights of the Child, Concluding Observations : Papua New Guinea, generally, U.N. Doc. CRC/C/15/Add.229, Feb. 26, 2004.
[4] U.S. Dept. of State, 2009 Human Rights Report: Papua New Guinea, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/eap/136005.htm, Mar. 11, 2010; U.S. Dept. of State, Background Note: Papua New Guinea, http://www.state.gov/r/pa/ei/bgn/2797.htm, Oct. 8, 2010; Ume v. State, SCRA 10 of 1997, Supreme Court of Justice, May 19, 2006.
[5] Manfred Nowak, UN Special Rapporteur on torture presents preliminary findings on his Mission to Papua New Guinea, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10058&LangID=E, May 25, 2010.

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