The National Court has issued an urgent warning to the Government, revealing that the biggest Baisu Correctional Facility in Western Highlands is on the brink of collapse—physically, operationally, and constitutionally.
In a scathing 27-page judgment, Justice Graham Ellis, the resident judge of the Wabag National Court, found that the current conditions at Baisu amount to serious breaches of human rights under Sections 36(1), 37(1), and 37(17) of the Constitution. These provisions guarantee humane treatment, dignity, and lawful protection for all persons, including those in custody.
What the Court uncovered is nothing short of shocking.
Baisu, which houses prisoners from seven Highlands provinces, is crumbling. The Provincial Health Authority has condemned the administrative block, three maximum-security cell blocks, and even the rations storage building. Guard towers are so unstable that officers refuse to use them.
Sewerage is overflowing. Water is stored in buckets due to supply failures. Power cuts are constant. The perimeter fence is rotting. And overcrowding has reached dangerous levels, with 109 remandees squeezed into space built for only 80.
The judge noted that the situation has already contributed to escapes—including nearly all accused persons awaiting a major Porgera trial.
A health assessment from 2023 found 68 “very serious” hazards and 27 “serious” hazards, none were rated minor.
In 2023, a Parliamentary Committee estimated Baisu needed K49 million in urgent upgrades. Yet only K4 million has been spent in the past three years.
The Correctional Services Minister’s affidavit revealed that although budget appropriations totaled K91 million for prisons nationwide between 2023–2025, only K21 million was ever released—leaving Baisu and other facilities severely underfunded.
For 2026, the Government has budgeted K5.6 million for Baisu—barely enough to tackle the most critical repairs like sewerage restoration, water systems, electrical upgrades, cell block reconstruction and perimeter fencing.
Most concerning, the Court noted: There is no plan if Baisu is forced to shut down entirely.
While the Court stopped short of ordering the Government to spend money, warning such an intervention could breach separation of powers, Justice Ellis made it clear that Baisu poses a real risk of mass escape or closure.
In an unprecedented move, the Court has ordered the judgment to be circulated to every MP before the Budget session, urging swift action.
“This is not a political issue,” Justice Ellis stressed. “It is a constitutional one.”
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