Papua New Guinea - Revision history

IBJadmin: /* Rights in Prison */

2025-03-06T15:48:12Z

Rights in Prison

← Older revision		Revision as of 17:48, 6 March 2025
Line 819:		Line 819:
	<br>		<br>
	<li>'''Juveniles:''' The Constitution states that convicted detainees should be separated from adults.</ul>		<li>'''Juveniles:''' The Constitution states that convicted detainees should be separated from adults.</ul>
			<br>

	==Resources==		==Resources==

IBJadmin: /* Resources */

2025-03-04T14:05:51Z

Resources

← Older revision		Revision as of 16:05, 4 March 2025
Line 822:		Line 822:
	==Resources==		==Resources==

	- https://www.~~parliament~~.gov~~.pg~~/~~images~~/~~misc~~/~~PNG~~-~~CONSTITUTION.pdf~~.		- Department of State. (2022). 2022 Country Reports on Human Rights Practices: Papua New Guinea. U.S. Department of State. Retrieved from https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/papua-new-guinea/.

	- https://~~www.pngjudiciary~~.~~gov~~.~~pg/images/pdf/Court_Rules~~/~~2022~~/~~3_CRIMINAL-PRACTICE-RULES-2022_FINAL~~.pdf.		- Federation of American Scientists. Miranda and custodial interrogation. Retrieved from https://sgp.fas.org/eprint/miranda.pdf.

	- https://www.~~state~~.gov/~~reports~~/~~2022-country-reports-on-human-rights-practices~~/~~papua~~-~~new-guinea/~~		- Government of Papua New Guinea. Constitution of the Independent State of Papua New Guinea. Retrieved from https://www.parliament.gov.pg/images/misc/PNG-CONSTITUTION.pdf.

	- https://~~sgp~~.~~fas~~.~~org~~/~~eprint~~/~~miranda~~.pdf.		- Judiciary of Papua New Guinea. (2022). Criminal Practice Rules 2022. Retrieved from https://www.pngjudiciary.gov.pg/images/pdf/Court_Rules/2022/3_CRIMINAL-PRACTICE-RULES-2022_FINAL.pdf.

	- https://~~bjs~~.~~ojp~~.gov/~~content/pub/pdf/wfbcjspng.pdf at page 17~~.		- Judiciary of Papua New Guinea. National Court of Papua New Guinea. Retrieved from https://www.pngjudiciary.gov.pg/national-court.

	- https://www.~~lowyinstitute~~.~~org~~/~~the-interpreter~~/~~ending-capital-punishment-good-papua-new-guinea~~.		- Legal Information Institute. Exclusionary rule. Cornell Law School. Retrieved from https://www.law.cornell.edu/wex/exclusionary_rule.

	- https://www.law.cornell.edu/wex/right_to_counsel.		- Legal Information Institute. Right to counsel. Cornell Law School. Retrieved from https://www.law.cornell.edu/wex/right_to_counsel.

	- https://www.~~law~~.~~cornell.edu~~/~~wex~~/~~exclusionary_rule~~		- Lowy Institute. (2022). Ending capital punishment is good for Papua New Guinea. Retrieved from https://www.lowyinstitute.org/the-interpreter/ending-capital-punishment-good-papua-new-guinea.

	- http://www.paclii.org/pg/Manuals/Magistrates/~~Part2Chap5~~.htm.		- Pacific Islands Legal Information Institute. Magistrates’ Manual: Chapter 3.1.3.1. Retrieved from http://www.paclii.org/pg/Manuals/Magistrates/Part1Chap3.htm.

	- ~~https~~://www.~~pngjudiciary.gov~~.pg/~~national-court~~.		- Pacific Islands Legal Information Institute. Magistrates’ Manual: Part 2, Chapter 5. Retrieved from http://www.paclii.org/pg/Manuals/Magistrates/Part2Chap5.htm.

	- ~~https://www~~.~~state~~.~~gov/reports/2022-country-reports-on-human-rights-practices/papua-new-guinea/.~~		- U.S. Bureau of Justice Statistics. Women and the criminal justice system in Papua New Guinea. Retrieved from https://bjs.ojp.gov/content/pub/pdf/wfbcjspng.pdf.

	~~- https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/papua-new-guinea/~~.

	~~- Chapter 3.1.3.1 of~~ the ~~Magistrates’ Manual at http://www.paclii.org/pg/Manuals/Magistrates/Part1Chap3.htm~~.

	- https://bjs.ojp.gov/content/pub/pdf/wfbcjspng.pdf ~~at page 14~~.

IBJadmin: /* Court Procedures */

2025-03-04T14:02:34Z

Court Procedures

Show changes

IBJadmin: /* Rights of Counsel */

2025-03-04T13:52:47Z

Rights of Counsel

← Older revision		Revision as of 15:52, 4 March 2025
Line 372:		Line 372:
	Section 42(2) of the Constitution states that: “A person who is arrested or detained–		Section 42(2) of the Constitution states that: “A person who is arrested or detained–
	<br>		<br>
	(b) shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid); and (c) shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained, and shall be informed immediately on his arrest or detention of his rights under this subsection.”		(b) shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid); and
			<br>
			(c) shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained, and shall be informed immediately on his arrest or detention of his rights under this subsection.”

	<br>		<br>
Line 390:		Line 392:
	The word ‘confidentiality’ did not appear in the Constitution, and while section 42 mentions the detained has a right to give instructions to his lawyer in the place where he is detained, it is not clear whether this is in private confidence.		The word ‘confidentiality’ did not appear in the Constitution, and while section 42 mentions the detained has a right to give instructions to his lawyer in the place where he is detained, it is not clear whether this is in private confidence.
	<br>		<br>
	<br>		<br>

	==Means of Protecting or Enforcing Rights==		==Means of Protecting or Enforcing Rights==

IBJadmin: /* Rights of the Accused */

2025-03-04T13:50:05Z

Rights of the Accused

← Older revision		Revision as of 15:50, 4 March 2025
Line 214:		Line 214:


	Further rights related to being informed of the charges pressed are outlined under section 37(4)(c) to (f) of the Constitution: “(c)shall be given adequate time and facilities for the preparation of his defence; and (d) shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; and (e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the Public Solicitor or another legal representative assigned to him in accordance with law; and (f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution.”		Further rights related to being informed of the charges pressed are outlined under section 37(4)(c) to (f) of the Constitution: “(c)shall be given adequate time and facilities for the preparation of his defence; and
			<br>
			(d) shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; and
			<br>
			(e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the Public Solicitor or another legal representative assigned to him in accordance with law; and
			<br>
			(f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution.”
	<br>		<br>
	Section 37(4)(b) of the Constitution states that: “A person charged with an offence– shall be informed promptly in a language which he understands, and in detail, of the nature of the offence with which he is charged; and”.		Section 37(4)(b) of the Constitution states that: “A person charged with an offence– shall be informed promptly in a language which he understands, and in detail, of the nature of the offence with which he is charged; and”.
	<br>		<br>
	Further rights related to being informed of the charges pressed are outlined under section 37(4)(c) to (f) of the Constitution: “(c)shall be given adequate time and facilities for the preparation of his defence; and (d) shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; and (e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the Public Solicitor or another legal representative assigned to him in accordance with law; and (f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution.”		Further rights related to being informed of the charges pressed are outlined under section 37(4)(c) to (f) of the Constitution: “(c)shall be given adequate time and facilities for the preparation of his defence; and
			<br>(d) shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; and
			<br>
			(e) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the Public Solicitor or another legal representative assigned to him in accordance with law; and
			<br>
			(f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution.”

	<br>		<br>
Line 341:		Line 352:
	“(15) Every person convicted of an offence is entitled to have his conviction and sentence reviewed by a higher court or tribunal according to law.”		“(15) Every person convicted of an offence is entitled to have his conviction and sentence reviewed by a higher court or tribunal according to law.”
	<br>		<br>
	<br>		<br>

	==Rights of Counsel==		==Rights of Counsel==

IBJadmin at 13:38, 4 March 2025

2025-03-04T13:38:17Z

← Older revision		Revision as of 15:38, 4 March 2025
Line 10:		Line 10:
	\|-		\|-
	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Papua New Guinea </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Papua New Guinea </h2>
	* Constitution <ref>https://www.~~constituteproject~~.~~org~~/~~constitution~~/~~Turkmenistan_2016~~		* Constitution <ref>https://www.parliament.gov.pg/images/misc/PNG-CONSTITUTION.pdf
	</ref>		</ref>

IBJadmin: /* Legal Aid */

2025-03-04T13:28:59Z

Legal Aid

← Older revision		Revision as of 15:28, 4 March 2025
Line 42:		Line 42:
	The Public Solicitor manages a large number of criminal and civil cases for and on behalf of people throughout the country. Core legal services and assistance provided by the Public Solicitor include:		The Public Solicitor manages a large number of criminal and civil cases for and on behalf of people throughout the country. Core legal services and assistance provided by the Public Solicitor include:

	Criminal cases: All the indictable offences under the Criminal Code and including bail applications, appeals and other criminal offences that carries a maximum penalty; punishable by imprisonment for more than two years. Legal aid and assistance are provided to juveniles in conflict with the law		- Criminal cases: All the indictable offences under the Criminal Code and including bail applications, appeals and other criminal offences that carries a maximum penalty; punishable by imprisonment for more than two years. Legal aid and assistance are provided to juveniles in conflict with the law

	Civil Cases: include the matters such as civil negligence cases, workers compensation, civil rights, infant settlement, maintenance, divorce, appeals, legal advice and limited commercial matters.		- Civil Cases: include the matters such as civil negligence cases, workers compensation, civil rights, infant settlement, maintenance, divorce, appeals, legal advice and limited commercial matters.

	The functions of the Public Solicitor are to provide legal aid, advice and assistance for persons in need of help by him, and in particular:		The functions of the Public Solicitor are to provide legal aid, advice and assistance for persons in need of help by him, and in particular:
Line 65:		Line 65:
	<br>		<br>
	<br>		<br>

	==Source of Defendants Rights==		==Source of Defendants Rights==

IBJadmin: /* Background */

2025-03-04T13:20:46Z

Background

← Older revision		Revision as of 15:20, 4 March 2025
Line 22:		Line 22:
	==Background==		==Background==

	Papua New Guinea is a country in Oceania, comprising the eastern half of the island of New Guinea and islands in Melanesia. It shares land border with Indonesia to the West and is directly adjacent to Australia to the South and the Solomon Islands to the East. PNG’s capital is Port Moresby, and it is the world’s third largest island country. PNG established its sovereignty in 1975, after being ruled by three external powers since 1884, including the colonial Australian government for nearly 60 years; it is now an independent Commonwealth realm. It was reported in December 2022 Papua New Guinea(PNG)’s population is closer to 17 million and most of its people live in customary communities.		Papua New Guinea is a country in Oceania, comprising the eastern half of the island of New Guinea and islands in Melanesia. It shares land border with Indonesia to the West and is directly adjacent to Australia to the South and the Solomon Islands to the East. PNG’s capital is Port Moresby, and it is the world’s third largest island country. PNG established its sovereignty in 1975, after being ruled by three external powers since 1884, including the colonial Australian government for nearly 60 years; it is now an independent Commonwealth realm. It was reported in December 2022 Papua New Guinea (PNG)’s population is closer to 17 million and most of its people live in customary communities.

	<br>		<br>

IBJadmin: /* Background */

2025-03-04T13:20:38Z

Background

← Older revision		Revision as of 15:20, 4 March 2025
Line 22:		Line 22:
	==Background==		==Background==

	Papua New Guinea is a country in Oceania, comprising the eastern half of the island of New Guinea and islands in Melanesia. It shares land border with Indonesia to the West and is directly adjacent to Australia to the South and the Solomon Islands to the East. PNG’s capital is Port Moresby, and it is the world’s third largest island country. PNG established its sovereignty in 1975, after being ruled by three external powers since 1884, including the colonial Australian government for nearly 60 years; it is now an independent Commonwealth realm. It was reported in December 2022 ~~PNG’s~~ population is closer to 17 million and most of its people live in customary communities.		Papua New Guinea is a country in Oceania, comprising the eastern half of the island of New Guinea and islands in Melanesia. It shares land border with Indonesia to the West and is directly adjacent to Australia to the South and the Solomon Islands to the East. PNG’s capital is Port Moresby, and it is the world’s third largest island country. PNG established its sovereignty in 1975, after being ruled by three external powers since 1884, including the colonial Australian government for nearly 60 years; it is now an independent Commonwealth realm. It was reported in December 2022 Papua New Guinea(PNG)’s population is closer to 17 million and most of its people live in customary communities.

	<br>		<br>

IBJadmin: /* Means of Protecting or Enforcing Rights */

2025-03-04T10:34:09Z

Means of Protecting or Enforcing Rights

← Older revision		Revision as of 12:34, 4 March 2025
Line 410:		Line 410:
	<li>'''Civil Actions:'''		<li>'''Civil Actions:'''

	The National Court fast-track cases of alleged human rights abuses.~~[10]~~ Through this process the National Court may award civil remedies in cases of human rights abuses.		The National Court fast-track cases of alleged human rights abuses. Through this process the National Court may award civil remedies in cases of human rights abuses.
	<br>		<br>
	District courts may order “good behavior bonds” (noncustodial sentences with the threat of incarceration for infractions over a period of time) for abusers, in addition to ordering that compensation be paid for violations of human rights.		District courts may order “good behavior bonds” (noncustodial sentences with the threat of incarceration for infractions over a period of time) for abusers, in addition to ordering that compensation be paid for violations of human rights.
Line 448:		Line 448:
	<br>		<br>
	<br>		<br>


	==Pre-Trial Procedure==		==Pre-Trial Procedure==