A/HRC/16/52/Add.5
respect for their inherent dignity (rule 3). Rules 4 and 7 provide for certain safeguards for
juveniles in detention, including the right to prompt access to legal and other appropriate
assistance, the right to challenge the legality of detention before a court, the right to be
informed of charges, the right to have matters determined without delay by a competent,
independent and impartial authority or judicial body, and the presumption of innocence,
among others.
26.
If arrested, physical force is not to be used except when the danger or risk of harm or
escape is unacceptably high. Finally, remand is only to be used as a measure of last resort,
for the shortest possible period of time, and only for the most serious of crimes. Although
according to the Police Juvenile Justice Policy and Diversity Protocol juveniles placed on
remand are to be held in either the Badili or the Hohola remand centres, the Badili centre
has since been closed down. A juvenile may only be held at the Boroko police station if the
danger or risk of harm is unacceptably high or if the Superintendent of the Remand Centre
refuses to accept the juvenile.
27.
The Act also establishes the function of juvenile court officers, who must be notified
of any arrest, the reasons for it and the place of detention, and must be allowed access to the
juvenile. The officer may be present during any interrogation, advise juveniles of their legal
rights and attend any hearing (sect. 13).
28.
As a further safeguard, magistrates are given a checklist to ensure that the arrest and
detention of all juveniles complies with the Act and the Protocol.
29.
Under the Protocol, emphasis is placed on restorative justice and diversion. The aim
is to divert juvenile offenders of trivial, minor and less serious offences from the formal
justice sector. Alternatives to detention, such as mediation and community work, are
encouraged instead.
30.
With regard to corporal punishment, it is lawful for a parent, schoolmaster or master
to use such force “as is reasonable under the circumstances by way of correction”.15 This is
in contravention to international human rights law and jurisprudence, which has concluded
that any form of corporal punishment is contrary to the prohibition of cruel, inhuman or
degrading punishment.
6.
Women
31.
There is no existing legislation that criminalizes domestic violence in Papua New
Guinea. As such, cases of domestic violence fall under the provisions of common and
aggravated assault found in the Criminal Code. For its part, the Royal Papua New Guinea
Constabulary has the Standing Order on Domestic Violence, issued in 1987, instructing
police to treat cases of domestic violence with the same seriousness as any other assault. As
a preventive measure, women may petition district courts to issue a protection order or
require another person to enter a “good behaviour bond”.
32.
In 2002, the Criminal Code Act was amended through the Sexual Offences and
Crimes against Children Act to make spousal rape and sexual harassment criminal acts.
However, in the village court system, chiefs may negotiate compensation or traditional
apologies as a form of resolution for offences committed against women, including rape
and domestic violence.
15
8
Criminal Code Act, sect. 278.
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