VIII. RecommendationsThe Royal Papua New Guinea Constabulary has primary responsibility for how the police force treats children and other citizens. The Papua New Guinea Correctional Service is responsible for the treatment of children in its custody. The Ministry of Justice and Attorney General, the Judicial and Magisterial Services, the Ombudsman Commission, and Parliament, also play important roles in preventing and addressing police violence. Human Rights Watch calls on the constabulary and, as appropriate, these other entities, to implement the recommendations set out in our September 2005 report, as well as those of the September 2004 administrative review of the police commissioned by the then-Minister of Police.152 In particular, the Royal Papua New Guinea Constabulary should take the following steps to stop police beatings, rape, and torture of children:
Ongoing, independent monitoring of police violence is essential. The government should immediately designate an independent body outside the police force to monitor police violence against children. If the Ombudsman Commission is given this responsibility, it should also be provided with adequate resources to do so. If a Human Rights Commission or police ombudsman (recommended by the September 2004 administrative review of the police) is created, the government should consider giving one of these bodies this responsibility. However, the government should, in the meantime, make every effort to strengthen existing accountability mechanisms. The Ombudsman Commission should continue and strengthen the work of its human rights desk, which should prioritize cases of police violence against children. The Minister for Justice should immediately commission a committee to inquire into police violence and generate findings and recommendations to the government. Magistrates and National Court judges should ask children who appear before them about possible police violence using the checklist developed for juvenile magistrates, order medical care when needed, and exclude evidence obtained on the basis of torture. All magistrates and judges should be trained in protocols for juveniles and be held accountable for following them. Juvenile magistrates should implement plans to visit all places where children are detained, using the new questionnaire, and follow up on problems identified during visits. More National Court judges should monitor detention under the visiting justices scheme. Magistrates and judges should never send children to institutions not approved for juveniles. The Office of the Public Solicitor should continue to pursue cases of police misconduct and strengthen the unit responsible for constitutional claims. The government should, in turn, deduct successful claims against the state from the budget of the department involved, and penalize officers who fail to cooperate with investigations. Measures to reduce the amount paid in civil claims must not create additional impediments to legitimate claims. The government should respond to therequest of the UN special rapporteur on torture for an invitation to visit Papua New Guinea. The government should improve access for victims of police violence to medical, legal, counseling, and other support services. Health services should include access to post-exposure prophylaxis for HIV and emergency contraception. International donors, particularly Australia, remain critical to the police sector in Papua New Guinea, although the collapse of the Enhanced Cooperation Program in 2005 has resulted in a much-reduced level of support from Australia than previously anticipated. Papua New Guinea has been resistant to what it perceives as outside interference in the operations of its police force. Nevertheless, international donors could be more proactive, even within the constraints of the current relationship, in efforts to curb police abuses. In particular, international donors should:
152 See Human Rights Watch, Making Their Own Rules,pp. 110-117; Institute of National Affairs, Kimisopa Report. |