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Capital punishment in Papua New Guinea
In Papua New Guinea (PNG), also officially known as the Independent State of Papua New Guinea, capital punishment (also called the ''death penalty'' or ''execution'') is a legal form of punishment. Despite its legality, capital punishment has not been imposed in PNG in over sixty years. The last known execution took place under the colonial administration of Australia.〔Amnesty USA "Urgent Action: Papua New Guinea plans for executions" (4 June 2013) .〕 The last execution is understood to have been done by way of hanging and took place in the capital city of PNG, Port Moresby, in November 1954.〔Cornell University "Death Penalty Worldwide Papua New Guinea" (23 January 2011) .〕
==History==
Within the Pacific Islands Forum, all countries (albeit PNG) have either completely abolished capital punishment or have refrained from imposing it for numerous decades.〔Amnesty International "Papua New Guinea - The state as killer?" (April 2004) .〕 The use of capital punishment in PNG has fluctuated throughout history and has again become unsettled in recent years.
Since 1954, PNG appeared to have maintained a strong "long-standing de facto moratorium"〔Rupert Colville "UN human rights office regrets Papua New Guinea's decision to resume death penalty" (31 May 2013) .〕 which was later passed into law. The complete abolishment of capital punishment occurred in 1970 whilst PNG was still under the colonial administration of Australia. However, in 1973, PNG took the first step towards becoming independent and began the process of self governance. Two years later in 1975, Australia gave up its remaining powers over PNG, allowing the country to proceed to complete independence.〔Author Unknown "Papua New Guinea: History" (28 April 2015) .〕
In August 1991 the Government of PNG re-introduced capital punishment as an amendment to the PNG Criminal Code Act 1974.〔Papua New Guinea, Criminal Code Act 1974, section 299(2).〕 At this point its application was limited to cases of wilful murder,〔Sinclair Dinnen Law and order in a weak state: Crime and politics in Papua New Guinea (University of Hawaii Press, Honolulu, 2001) .〕 but the imposition of the death penalty would not be mandatory and therefore be "at the discretion of the Judge."〔Cornell University "Death Penalty Worldwide Papua New Guinea" (23 January 2011) .〕 The re-introduction of capital punishment into legislation was greeted with a mixed response not only in PNG but throughout the world. The Government at the time justified its actions by arguing that it was aligning legislation to reflect public perception that there was a necessity to deter abhorrent behaviour. According to Bernard Narokobi (the Justice Minister at the time), "it reflected the community's outrage and disgust"〔Author Unknown "Death Penalty Plan for PNG" The Canberra Times (Australia, 25 March 1991) at 16.〕 to heinous criminal offences. Despite his support for Papua New Guinean communities to express their views, Narokobi made it clear that he did not endorse the move towards the re-introduction of capital punishment.〔Author Unknown "Death Penalty Plan for PNG" The Canberra Times (Australia, 25 March 1991).〕 However, the country's Prime Minister at the time, Rabbie Namaliu, argued that the alarming deterioration in the country's enforcement of law and order was a threat to the country's future and needed to be dealt with.〔Author Unknown "Death Penalty Plan for PNG" The Canberra Times (Australia, 25 March 1991).〕 On the contrary, there was also strong opposition for the re-introduction of capital punishment. Amnesty International pleaded that PNG addressed the deterioration of law and order in other ways and declared that Amnesty International "opposed the death penalty in all cases on the grounds that it is a violation of the human right to life."〔Amnesty International "Papua New Guinea - The death penalty: Not the solution" (February 1996) at 1.〕
In 2010, Manfred Nowak undertook a comprehensive review of PNG's use of "torture and other cruel, inhuman or degrading treatment or punishment"〔Manfred Nowak "UN Special Rapporteur on Torture represents preliminary findings on his Mission to Papua New Guinea" (25 May 2010) .〕 and subsequently recommended that PNG took immediate steps to abolish the death penalty. Following this, Nowak also suggested that PNG become party to the International Covenant on Civil and Political Rights (the ICCPR) and ratify the second optional protocol,〔Manfred Nowak "UN Special Rapporteur on Torture represents preliminary findings on his Mission to Papua New Guinea" (25 May 2010) .〕 aimed at abolishing the death penalty worldwide.
However, in May 2013 PNG took further steps to revive the use of capital punishment, simultaneously amending legislation to reflect harsher punishments for a variety of criminal offences.〔Liam Fox "PNG death penalty condemned as 'barbaric' by Amnesty International" (29 May 2013) .〕 Due to the failed deterrence of criminal offences following the 1991 Criminal Code amendment, the government subsequently passed another amendment to the Criminal Code.〔Papua New Guinea, Criminal Code (Amendment) Act (No. 6) 2013.〕 Under earlier versions of the PNG Criminal Code, offences of treason, piracy and attempted piracy were also punishable by death.〔Papua New Guinea, Criminal Code Act 1974, sections 37, 81, 82.〕 In addition, the 2013 amendment allowed that aggravated rape and robbery, alongside wilful murder would be punishable by death. Concurrently, the Government repealed the Sorcery Act 1971〔Papua New Guinea, Sorcery Act 1971.〕 therefore making sorcery-related murder also punishable by death. The Prime Minister (past and present) Peter O'Neill stated "the proposed laws are tough, but they are necessary. We have to address a situation which is destroying our country."〔Palash Ghosh "Papua New Guinea seeks to resume death penalty in wake of horrific crime spree, but activists object" International Business Times (USA, 2 May 2013) .〕 The amendments came into force on 18 September 2013.〔Papua New Guinea, Criminal Code (Amendment) Act (No. 6) 2013.〕
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