Papua New Guinea’s amended Criminal Code Act will give police the power to deal with what they are calling “domestic terrorists”.

The impetus for the new legislation has been the rash of kidnappings carried out in a remote part of the Southern Highlands.

In Bosavi, gangs of youths have captured at least three groups, held them for ransom, and in the case of 17 teenage girls allegedly raped them.

Police Commissioner David Manning said the kidnappings and ransom demands constituted domestic terrorism.

“The amendments establish clear legal process for the escalated use of up to (sic) lethal force, powers of search and seizure, and detention, for acts of domestic terrorism,” he said.

“It is high time that we call these criminals domestic terrorists, because that is what they are, and we need harsher measures to bring them to justice one way or another.”

Manning, in a statement, went on to say domestic terrorism included the “deliberate use of violence against people and communities to murder, injure and intimidate, including kidnapping and ransoms, and the destruction of properties.

Includes hate crimes
“An accurate definition of domestic terrorism also includes hate crimes, including tribal fights and sorcery-related violence.”

Transparency International Papua New Guinea chair Peter Aitsi said he doubted the new law would be effective.

He said police already had lethal powers.

“I think in terms of changing the act to give them more power, I think they already have it,” he said.

“But I doubt whether it will have any significant improvement in terms of the response to this emerging problem we are having now, of hostage taking and ransom seeking.”

Aiitsi said that in the Highlands there was a proliferation of guns, and government authority had been overwhelmed by one or two individuals with the money and guns to maintain power.

“So in this type of environment you can see the police and authorities, so-called authorities, would be powerless, because it’s these individuals that control these large sections of these communities, that are now well armed, that are the power in these areas.”

Call For a different approach

Cathy Alex was one of a group kidnapped in February, along with a New Zealand-born Australian archaeologist and two others.

She said she had got some insight into the age and temperament of the kidnappers.

“Young boys, 16 and up, a few others,” she said.

“No Tok Pisin, no English. It’s a generation that’s been out there that has had no opportunities.

“What is happening in Bosavi is a glimpse, a dark glimpse, of where our country is heading to.”

She said there was a need for a focus on providing services to the rural areas as soon as possible.

Peter Aitsi said that over the past 20 years PNG had allowed its government system to be undermined with political elites taking control of sub-national services.

He said this had led to “our people really being pushed to the real margins of our development”.

Not engaged in society
“So as a result they are not engaged in the process of society building or even nationhood.”

Aitsi said this results in the lawless conduct.

“Their interest is to serve those who can put food on the table for them, and essentially what they see as people who care about their welfare, but they are just using them for their individual outcomes.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Papua New Guinea police will be able to use lethal force to deal with crimes that come under “domestic terrorism” through the amendments to the Criminal Code Act.

Police Commissioner David Manning said this as the Royal Papua New Guinea Constabulary (RPNGC) continue to work for stronger law enforcement powers to fight against domestic terrorists causing havoc in some parts of the country, such as in the mountainous Bosavi region.

Commissioner Manning said that the kidnappings and held-for-ransom cases were part of “domestic terrorism”.

“The amendments establish clear legal process for the escalated use of up to lethal force, powers of search and seizure, and detention for acts of domestic terrorism.

“It is high time that we call these criminals as domestic terrorists, because that is what they are and we need harsher measures to bring them to justice one way or another,” he said.

“Domestic terrorism includes the deliberate use of violence against people and communities to murder, injure and intimidate, including kidnapping and ransom, and the destruction of properties.

“An accurate definition of domestic terrorism also includes hate crimes, including tribal fight and sorcery and related violence.”

New crime trend
A new crime trend has emerged in PNG with kidnappings and held-for-ransom cases happening over the last six years with more than six kidnappings and ransom demands occurring since 2014.

However, it took the kidnapping of the New Zealand-born Australian professor and the demand for ransom this year to bring to light several years of continued kidnappings and demand for ransoms on expatriates and locals working at logging camps and elsewhere in Western province and the Highlands region.

Localised kidnappings have also continued with successful returns of victims particularly children.

Other domestic terrorism crimes include:

• Organised crimes;
• Weapons smuggling;
• Illegal drug production and distribution; and
• People trafficking.

“The RPNGC, through the Minister for Internal Security, is putting forward amendments to the Criminal Code Act that will strengthen police capacity to search, investigate, intercept and prosecute people and groups involved in domestic terrorism,” Manning said.

Commissioner Manning said the way criminals operated had changed, particularly in the use of information and communications technologies, and police powers needed to be strengthened.

“The amendments will enable more effective lawful communications interception of channels and electronic devices used by domestic terrorists,” he said.

Criminal internet use
“Many of our laws do not take sufficient account of the way criminals, including domestic terrorists, use the internet and phone systems in carrying out violent crimes, and this is a key area for reform.”

Commissioner Manning said the new amendments would build on previous related legislation, and go even further to tip the balance of justice and public safety away from the criminals.

“Amendments have been made to the Criminal Code, such as in 2022 by the government to strengthen laws against so-called glassman or glassmeri [people with the power to accuse women and men of witchcraft and sorcery] and the vile crimes they commit — especially against women, children and the elderly.

“The amendments will further improve law and order co-operation and collaboration with international partners through training, equipment, technical advice and the use of new technologies and resources.

“Having interoperability with domestic and international partners requires the proper and recognised definition of a domestic terrorist and acts of domestic terrorism, as will be clear in the amendments.”

According to information put together by the PNG Post-Courier since 2014 there have been a string of kidnappings that have occurred with a report of K300,000 (NZ$140,000) paid for the return of six expatriates held by armed men allegedly from the Southern Highlands.

The latest kidnapping saw 17 girls, two of whom were married, taken by armed men in the Bosavi LLG, also in Southern Highlands. They were later released with about K3000 (NZ$1400) paid and several pigs offered to the kidnappers.

Police have remained quiet with Post-Courier understanding that investigations continue to be carried out in the latest kidnapping incident and the case of the abducted professor and local researchers.

Miriam Zarriga is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

The Papua New Guinea government’s top legal adviser, Dr Eric Kwa, has been arrested and charged on allegations of dangerous driving causing death.

Dr Kwa, the Secretary for the Department of Justice and Attorney-General, was allegedly involved in a fatal road accident that caused a death on October 17, 2022, and was the subject of a police investigation for the past three months.

He was eventually charged under the Criminal Code Act (Section 328) for dangerous driving causing death yesterday.

Police were not allowed to release him on bail yesterday because of the severity of the offence.

In a media briefing yesterday, National Capital District (NCD) Metropolitan Superintendent Silva Sika said the severity of the offence committed under the Act did not allow him to be released on police bail.

He said Kwa’s lawyers were advised to apply for a bail application at the National Court for him to be released.

‘No one above law’
“No one is above the law, and therefore, due process must be followed,” Sika said.

He said all processes had been followed and Dr Kwa had been very co-operative with the police.

“He understands the process very well since he is an intellect [sic] and that he will have to bear with the circumstances,” Sika said.

It was alleged that on October 17 Dr Kwa and his officers were travelling along the Hiritano Highway on their way to attend an official engagement with the Constitutional and Law Reform Commission at Bereina when the accident happened.

He was in the second vehicle with three of his officers, when the accident allegedly happened.

A female passenger who was part of his entourage died at the Port Moresby General Hospital from severe injuries sustained in the accident.

Others treated, discharged
The others were treated and discharged.

The matter was immediately reported to police where a complaint was lodged with several investigations undertaken.

On Tuesday, January 24, 2023, Dr Kwa received a request from Police Commissioner David Manning for a record of interview at the Police Headquarters.

On Friday, January 27, he presented himself before the police hierarchy where an initial interview took place.

• Late last night, Kwa’s lawyers managed to have him bailed out.

Republished with permission.

Article by AsiaPacificReport.nz