A/HRC/16/52/Add.5
juveniles at the Baisu correctional institution who had been subjected to beatings and other
forms of ill-treatment, and whose allegations were supported by medical evidence.
44.
Collective punishment is also common in correctional institutions, whereby
complete sections are sanctioned for the actions of a few detainees. At the Bomana
correctional institution, the guards carried out raids after attempted escapes or strikes. They
would force all detainees to strip, beat them and take their belongings. After one escape, all
detainees were down for two months in the maximum security (general) section.
45.
The Special Rapporteur also found evidence of the excessive use of force by the
police outside of detention, which amounts to cruel, inhuman or degrading treatment. This
is practiced in dealing with crime and also, for example, in evicting residents from
settlements. During a visit to the Five-Mile Ridge settlement in Port Moresby, the Special
Rapporteur was informed of an eviction that took place in June 2009, whereby the people
living there were threatened and/or beaten by the police, their valuables were taken away,
their shops were looted and their houses were either bulldozed or burned down.
Impunity
46.
Impunity for torture and ill-treatment in Papua New Guinea is fuelled by the lack of
effective complaint mechanisms, independent investigations, monitoring and other similar
safeguards.
47.
In a very frank discussion at one of the police stations visited, the Special
Rapporteur was informed by a Criminal Investigation Department officer of some of the
difficulties faced in terms of investigations. In this regard, he stated that detainees were
often released on bail even if they faced other charges, making it almost impossible to
investigate. As a result, when the suspects were once again found, they were shot and
killed, which was “much easier” than going through the judicial process. The Special
Rapporteur is extremely concerned at this admission of what would amount to a practice of
extrajudicial execution.
48.
The high level of impunity for police violence may be illustrated by the following
example. The Special Rapporteur came across one investigating officer who had been
entrusted to investigate the death in custody of Dokta Balu at the Kundiawa police station.
On 10 August 2009, Mr. Balu, standing outside the station, was ordered by Senior
Constable Jeffry Pyasoto not to move. When Mr. Balu ran away, he was caught by
Constable Pyasoto, beaten on his face and body and taken to the police station, where Mr.
Balu was beaten and kicked in the face, head and body until he lost consciousness. He was
dragged to a cell, where he died that night. The post mortem confirmed that Mr. Balu had
died as a result of excessive force. The occurrence book indicated that Mr. Balu had been
arrested for drunkenness and assault, although no additional information was provided. A
second entry confirmed his death inside the police cell. On 12 November 2009, Constable
Pyasoto was questioned, arrested and charged with wilful murder. He was, however,
released on bail immediately after the Rural Commander Inspector suggested that the
interview should be suspended until the Provincial Police Commander returned to the
province. Since the Provincial Police Commander never gave further instructions,
Constable Pyasoto was re-arrested only on 17 March 2010. On 22 March 2010, he was once
again granted bail.
49.
The Special Rapporteur was informed that, although the investigation had been
obstructed, one clear investigative conclusion was that Constable Pyasoto should be
indicted for wilful murder. The Special Rapporteur was also made aware that there were
three additional cases of deaths in custody where the investigations had been terminated,
though they should be reviewed and potentially resumed. The Special Rapporteur
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