Four-year-old Martin's 'detention' in Bomana Prison a breach in human rights, says lawyer

News that matter in Papua New Guinea

Four-year-old Martin's 'detention' in Bomana Prison a breach in human rights, says lawyer

PORT MORESBY: Human rights lawyer Danny Gonoi says four-year-old Martin, who was made to live with his mother in Bomana Prison for more than two years without any court proceeding, “is a very serious breach of the Constitution”.

“It is a case of breaching human rights in its worst category. The ‘detention’ of Martin, who has no knowledge of any crime committed, is also in the worst category of breach of human rights,” he added.

The news break was reported by The National:

Four-year-old boys’ rights breached, says lawyer

January 13, 2023The NationalNational

By AILEEN KWARAGU
HUMAN Rights lawyer Danny Gonol says four-year-old Martin, who was made to live with his mother in Bomana Prison for more than two years without any court proceeding, “is a very serious breach of the Constitution”.
“It is a case of breaching human rights in its worst category. The ‘detention’ of Martin, who has no knowledge any crime committed, is also in the worst category of breach of human rights,” he added.
Gonol said he would offer his services if he was based in Port Moresby free of charge to ensure Martin and his mother were released from custody.
He was commenting on the Martin saga, whose family were “freed” on bail by the National Court on Jan 6 after they were arrested in June 2020 for alleged sorcery-related violence.
“Section 42 of the PNG Constitution is very clear on this. It talks about the liberty of a human being,” he said,
“Subsection two states, a person who is arrested or detained shall be informed promptly in a language that he understands of the reasons for his arrest or detention and also to communicate without delay to family members and a lawyer of his choice.
“He must also be informed of his rights.
“Subsection three provides a person arrested or detained, unless he is released, be brought without delay before a court or judicial officer,” he added.
He said as a human rights lawyer his concern would be on the lengthy detention of the family without being taken to court.
“Papua New Guinea’s Constitution Section 42, Subsection five does provide relief in such situations.
The persons detained can lodge a complaint with the National Court or a judge that a person is unlawfully or unreasonably detained,” he said.
Martin’s Mother Saitava Steven, father Akeikei Tobiro, grandfather Topiro Nanai, aunty Negevia Topiro, uncle Tobuie Topiro were granted K200 bail each.
For more than two years, they were held in prison without being charged.

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