Friday, August 27, 2010

Kapris and others ‘win’

By ROSALYN EVARA, Post Courier
BEON jail commander was yesterday ordered by the National Court to ensure that William Kapris and his three other co-accuseds are provided with basic necessities.
The orders were made yesterday in relation to the human rights applications which had been filed by Kapris, Kito Aso, Elvis Bala Aka and Isabelle Kivare last week through their respective lawyers.
The orders that were sought by the applicants were in relation to Section 57 of the Constitution which encompassed their right from freedom from inhuman treatment, full protection of the law and to be treated with humanity.
Following his visit to the jail at the weekend and submissions which had been made by the respective lawyers on behalf of their clients on Tuesday, the court heard the orders were for the duration of their stay in Madang and not in relation to concerns which they had raised of their detention at Bomana.
Justice Cannings said having seen the place in which Kapris, Aso and Bala Aka were being kept he said the state was much better than they were back in 2005 when he last visited and had ordered the closure of the then “dark cells”.
However, he said it was still “inhuman in some aspects”.
He ordered that Kapris and Aso because of their records of escape and the security issues raised by the CS Commissioner remain in separate confinements but that they by August 30 be provided with fresh blankets, towels and mosquito nets.
He ordered that both also be given four litres of clean water every day and a basin in which to wash their hands, two periods of 30 minutes in the open air in which to exercise and one visit a week also for 30 minutes by a family member or friend in addition to the visit by their lawyer.
Further that both be escorted to Modilon Hospital for medical checks and treatments for injuries which they have sustained, Kapris to both his feet and Aso to his mouth and lips.
Justice Cannings ordered that Bala Aka be moved from the separate confinement to the main remand compound by August 27 as he had history of escape.
In relation to Kivare’s application Justice Cannings also ordered that she be provided by the August 30 with fresh blankets for both her and her daughter, towels and a larger mosquito net.

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