This summary is prepared by Dr Miranda Forsyth, Australian National University, in order to clarify misunderstandings about the legal situation in relation to these issues. It has no official authorisation.
Sorcery accusation related violence, including torture, is covered by a number of Criminal Code offences, including:
- Willful murder (s299) and Murder (s300)
- Grievous bodily harm (s319) and Assault (s335)
- Unlawful assembly and riot (ss64 and 65)
- Threats to use violence (ss243 and 293)
There is no defence that the perpetrator of violence believed the victim had practiced sorcery. In fact, this may lead to increased penalties as the courts have been viewing this as aggravating factors in sentencing. This means longer and harsher sentences are being given for these cases. The average sentence for willful murder in these cases is 18 years imprisonment and many of these involve hard labour.
In addition, section 299A of the Criminal Code Act provides that any person who intentionally kills another person on account of an accusation of sorcery is guilty of wilful murder, for which the penalty is death.
Under the Criminal Code, people who order, encourage and assist others to conduct sorcery accusation related violence may also be charged as perpetrators (see sections 7,8,307, 308).
Torture is illegal in PNG and confessions obtained through the use of force are not regarded as credible evidence in any court of law.
People such as glasman who trick people by pretending to identify individuals as being sorcerers may also be charged under the Criminal Code for the offence of obtaining property by false pretences (subdivision F).
Many acts of sorcery accusation related violence also breach the human rights provisions in the Constitution, such as the right to life (section 35), right to freedom from inhuman treatment (section 36), protection of the law (section 37) and right to freedom (section 32). Cases claiming such breach of rights can be brought before the National Court under the Human Rights Rules and Constitutional provisions by anyone whose rights have been breached or by someone acting on their behalf.
People who accuse others with no proof may also breach section 11 of the Summary Offences Act 11. FALSE REPORTS. A person who spreads false or wilfully misleading reports tending to cause trouble or ill-feeling– (a) amongst people; or (b) between the members of a group of people; or (c) between groups of people; or (d) between individuals, is guilty of an offence. Penalty: A fine not exceeding K100.00 or imprisonment for a term not exceeding three months.
The Village Courts have jurisdiction to deal with a limited range of offences that concern people who pretend to practice sorcery or threaten others with sorcery or try to pay someone to perform acts of sorcery. The prescribed offences are:
- practicing or pretending to practice sorcery
- threatening any person with sorcery practiced by another
- procuring or attempting to procure a person to practice or pretend to practice or to assist in sorcery;
- the possession of implements or charms used in practicing sorcery
- paying or offering to pay a person to perform acts of sorcery
The Village Courts also have a mediation function and are well positioned to assist in dealing with concerns people have about possible acts of sorcery committed against them in a non-violent manner. They can also issue preventative orders (section 51 Village Courts Act 1989) to stop community members acting violently against those accused of practising sorcery.
Links
You can find below most of the links related to the mentioned relevant legislation. The original files have been taken from Paclii.org (Pacific Islands Legal Information Institute), a facility of the University of the South Pacific School of Law, where you can find most of the legislation and court decisions of 20 Pacific countries.
