Committee against Torture begins examination of Report of Ghana

Committee against Torture
MORNING

16 May 2011

The Committee against Torture this morning began its consideration of the initial report submitted by Ghana on how that State party implements the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing the report, Ebo Barton-Odro, Deputy Attorney General and Deputy Minister for Justice, said that the Directive Principles of State Policy, as enshrined in the Constitution, promoted the active integration of the people of Ghana and prohibited discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs. The Armed Forces and the Police and Prisons Services were not packed with one ethnic group and neither were the security services loyal to one ethnic group or person. Any person could rise to the top in the Public Services on merit. The Commission on Human Rights and Administrative Justice was an independent body given the power to investigate complaints related to the failure by the public services including the Armed Forces, the Police and Prisons Services, and to ensure equal access to the recruitment of persons.

In 1975, the Government passed the evidence Decree to codify and regulate the taking and giving of evidence before and during proceedings to assist in the administration of justice, Mr. Barton-Odro said. The Decree made statements given by detainees inadmissible as evidence unless the statement was made in the presence of an independent witness approved by ae person other than a police officer or member of the Armed Forces. In 1993, when Ghana returned to constitutional rule, the country bound itself to promote and respect the rights of all persons. The human rights provisions under the Constitution were entrenched so that no government could easily effect changes to those provisions. Ghana has sought to enforce the provisions of the Constitution and other laws to protect the rights of individuals against State agents who sought to violate those rights.

Serving as Rapporteur for the report of Ghana, Claudio Grossman, the Committee Chairperson, said that an important issue for the Committee was the incorporation of torture into domestic law, particularly the criminal code, and asked what was the Government’s plan to incorporate torture as a definition with penalties into the criminal code. He asked the delegation to share with the Committee what steps the Government would take toward domestication of the Convention into law. The Rapporteur raised a number of issues regarding the prison system including how the Government intended to implement a centralised recording system to assess the situation in prisons, what was the practice in terms of allowing civil society groups to access prisons and were these groups free to engage with prisoners in an independent and credible way? The Rapporteur also asked what the Government was doing in terms of establishing national mechanisms to deal with human rights violations and the alleged prosecution of women for witchcraft and the growing refugee influx from Côte d’Ivoire.

Nora Sveaass, the Committee Expert serving as Co-Rapporteur for the report, asked if there had been broad-based consultations during the preparation process of the report and could the delegation indicate who had been consulted. Ms. Sveaass said that the Committee would have preferred to receive a separate report from the Commission on Human Rights and Administration of Justice, in connection to this first report and asked for information on the financial situation of the Commission, what initiatives had been implemented to strengthen its functioning and was there any progress made to establish a department within the Commission to deal specifically with children’s rights? The Co-Rapporteur raised concerns about violence against women and children, including the need to protect the rights of young girls when they became domestic workers, the issue of practicing female genital mutilation and the ritual servitude of trokosi, a form of modern slavery where girls were committed to a shrine at a very young age.

Other Committee members raised issues about the prison system, including alternative sanctions to detention to ease overcrowding, the role of an independent witness as a guarantee to detainee statements, the monitoring of sexual violence in prisons, complaint procedures available to prisoners and emergency legislation permitting a person to be detained for 10 days before the case was taken before a judge. A Committee Expert raised the concern that Ghana could be in violation of its international obligations if it had not incorporated international laws into the domestic criminal code with reference to the death penalty.

The Ghana delegation included representatives from the Permanent Mission of Ghana to the United Nations Office at Geneva, the Justice Department, Prisons Service, the Attorney General’s Department, the Armed Forces, the Police Service, and the Commission on Human Rights and Administrative Justice.

Ghana is among the 147 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.

When the Committee reconvenes at 3 p.m. this afternoon it will meet with States Parties to the Convention. The Committee will hear the response of Ghana to the questions raised this morning on Tuesday, 17 May, starting 3 p.m.

Report of Ghana

According to the initial report of Ghana (CAT/C/GHA/1), Article 11 of the Constitution of Ghana states that international law including principles of human rights do not form part of the laws of Ghana until such principles of law are incorporated into the Ghana legal system by an Act of Parliament. Ghana acceded to the Convention against Torture in 2000 but the Convention was not domesticated. The definition of torture and other cruel, inhuman or degrading treatment or punishment has been outlawed and elevated into a constitutional principle under the human rights provisions of the Constitution in Article 15.

Ghana is in the process of acceding to the Optional Protocol to the Convention and an instrument has been laid before Parliament for approval. The Criminal Code has some provisions which take care of situations involving torture and cruel or inhuman treatment or punishment, for example, an agent or official of the State who uses his position to engage in such acts could be liable for offences ranging from assault, causing harm, use of offensive weapons, manslaughter or in the extreme case, murder. Ghana does not have a statute of limitations with respect to criminal offences and the Constitution has also made provision to protect the lives and liberties of persons who find themselves in detention.

As set out in the Convention relating to the Status of Refugees, to which Ghana is a party, no refugee should be returned in any manner whatsoever to any country where he or she would be at risk of persecution. Ghana respects the principle of non-refoulement and would therefore not return a person who would be in danger of being tortured.

The prisons in Ghana are presently inadequate to cater for the population of prisoners. Detention facilities are overcrowded and the total prison population exceeds the authorized prison population by a little over 100 per cent. Inmates in detention centres are fed by the State once a day, because the stipend for their upkeep is below US$ 1.00. Relatives of prisoners supplement their feeding by bringing in food during visiting hours. The likelihood that torture occurs in the detention centres is very high, which has led the State to establish interrogation rooms on a pilot scale where interrogations are conducted under the supervision of senior officers who ensure torture does not take place. To decongest the prisons, the Prison Service is opening a number of Prison Camps which are not walled to make the prison environment less hostile and to reduce overcrowding in walled prisons. The issue of remand prisoners is still of great concern as they have not been convicted of any crime but are kept in prison for long periods. The Attorney General’s Department has introduced a system referred to as “Justice for All” where judges go to the prisons to hear cases of remand prisoners and dispense justice expeditiously.

Introduction of the Report

EBO BARTON-ODRO, Deputy Attorney General and Deputy Minister for Justice of Ghana, said that the Directive Principles of State Policy, as enshrined in the Constitution, promoted the active integration of the people of Ghana and prohibited discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs. The Armed Forces and the Police and Prisons Services were not packed with one ethnic group as against the others, neither were the security services loyal to one ethnic group or person. Any person could rise to the top in the Public Services on merit. The Commission on Human Rights and Administrative Justice was an independent body given the power to investigate complaints related to the failure by the public services including the Armed Forces, the Police and Prisons Services, and to ensure equal access to the recruitment of persons.

In 1975, the Government passed the evidence Decree to codify and regulate the taking and giving of evidence before and during proceedings to assist in the administration of justice. The Decree made statements given by detainees inadmissible in evidence unless the statement was made in the presence of an independent witness approved by the person other than a police officer or member of the Armed Forces. The independent witness was required to be a person who could understand the language of the detainee and must certify in writing that the statement was made voluntarily and that the contents were fully understood by the person detained. If a person alleged during court proceedings that his confession was not obtained voluntarily, the Court was bound to ascertain the voluntariness of the statement though a ‘mini-trial’. In 1993, when Ghana returned to constitutional rule, the country bound itself to promote and respect the rights of all persons. The human rights provisions under the Constitution were entrenched so that no government could easily effect changes to those provisions. Ghana has sought to enforce the provisions of the Constitution and other laws to protect the rights of individuals against State agents who sought to violate those rights. Concerning the case of Issah Mohammed, the post-mortem examination suggested that the three soldiers who received him into military custody used violence on him which led to his death. These persons were charged with murder, a capital offence in Ghana and the case has been referred back to the High Court by the Supreme Court for trial after the accused persons were given the opportunity to use the judicial process to protect their rights.

Ghana has always sought to respect international law and maintain its treaty obligations. In December 2010, Ghana made a Declaration to the Protocol to the African Charter on the establishment of the African Court on Human and Peoples’ Rights in terms of the competence of the Court to receive cases instituted directly by non-governmental organizations and individuals before it under article 5(3) of the Protocol, thus opening the country up to scrutiny by the international community. The Optional Protocol to the Convention against Torture has received approval from the Cabinet and was now before parliament for ratification.

Questions by Committee Experts

CLAUDIO GROSSMAN, the Committee Chairperson who Acted as Rapporteur for the Report of Ghana, said that an important issue for the Committee was the incorporation of torture into domestic law, particularly the criminal code. What was the Government’s plan to incorporate torture as a definition with penalties into the criminal code? Could the delegation share with the Committee what steps the Government would take toward domestication of the Convention into law and could the delegation provide examples of cases where individuals or defendants invoked Article 1 of the Convention to demonstrate that the Convention was self-executing? Regarding Article 2 of the Convention, the Chairperson asked if Article 30 of the Constitution permitted the derogation of the prohibition of torture under emergency circumstances by an act of parliament, which was not allowed in the Convention. The Rapporteur noted that the Government had established legal aid offices in all regional centres; how did the Government plan to communicate to the population that these centres existed and how many lawyers worked in the legal aid system? Were lawyers trained on the Convention and the international obligations it entailed?

Mr. Grossman raised a number of issues regarding the prison system including how the Government intended to implement a centralised recording system to assess the situation in prisons and was information available on the separation of juvenile and adult detention centres? Prisoners in custody who were ill should be brought to medical officers as soon as possible, what was the practice for this? What was the expected timeline for the Optional Protocol to the Convention to be adopted by Parliament? What was the practice in terms of allowing civil society groups to access prisons; were these groups free to engage with prisoners in an independent and credible way? What was the Government doing in terms of establishing national mechanisms to deal with human rights violations and the alleged prosecution of women for witchcraft?

The Committee would like to have data on the number of cases reviewed by the Ghana Refugee Board and on cases of potential returnees who claimed they would face torture if returned to their country of origin. There were 14,000 refugees in Ghana and the Committee asked how the Government had allocated resources to the growing refugee influx from Côte d’Ivoire in terms of providing for security for the refugee population? Had Ghana returned refugees to countries where there was a person who feared torture and did the Government ask for diplomatic assurances in these cases? How many cases of the death penalty were applied and what were the procedural conditions for applying the death penalty? Canning was a permissible form of punishment in Ghana, how many cases took place of canning in the country? In the reporting period how many subjects were arrested for torture, how many were prosecuted, how many resulted in convictions? Could the delegation provide a list of States with which the Government had multilateral or bilateral treaties that provided for mutual judicial assistance?

NORA SVEAASS, the Committee Expert Serving as Co-Rapporteur for the Report, asked if there had been broad-based consultations during the preparation process of the report and could the Government indicate who had been consulted. Concerning information in relation to each substantive article of the Convention, there was little reference to the articles of the Convention and the Committee would like to know what had been done under each article. In the 37 military hospital mortuary cases, what was the punishment to the perpetrators beyond having their ranks reduced? The Co-Rapporteur said that the Committee would have preferred to receive a separate report from the Commission on Human Rights and Administration of Justice, in connection to this first report. What was the financial situation for the Commission on Human Rights and what initiatives had been implemented to strengthen its functioning? Was there any progress made to establish a department within the Commission to deal specifically with children’s rights?

The Co-Rapporteur raised concerns about violence against women and children and pointed out the importance of having a system in place where helpers and other public representatives within health and social affairs had a special obligation to report when cases of child abuse and neglect was observed. How were the rights of young girls protected when they became domestic workers and the Commission would like data on the issue of practicing female genital mutilation and the ritual servitude of trokosi, a form of modern slavery where girls were committed to a shrine at a very young age? The Co-Rapporteur requested data on domestic violence, violence against women and children and what was the care for victims, how were they protected and what were their rights with regard to medical costs and access to complaint mechanisms.

What training on the prohibition of torture was provided to professionals involved in the administration and enforcement of law or in the care of disabled persons who might detect torture? Was there any formal training in the Istanbul Protocol, the manual for effective investigation of torture? Concerning prisons, had torture taken place, particularly in regard to interrogation and what had been done in cases where torture occurred both to those who had committed the act and those who had suffered. Were there plans to increase the stipend to care for prison inmates and what was the level of the food actually provided? Were there measures taken in relation to alternative forms of punishment, such as non-custodial alternatives, both to pre-trial detention and others, as a way of reducing overcrowding in prison? What was the registration of persons taken into custody and was there monitoring to ensure that all detained persons were properly registered and to shorten the time of pre-trial detention. There were 633 individuals held in 18 detention centres for undocumented migrants, please provide information on these centres and the rights of those who were detained?

What were the rights of people to challenge involuntary hospitalisation and what would be done to enable the immediate discharge of those unnecessarily hospitalised in terms of community treatment and support. Would the Government consider amending the Persons with Disabilities Act and Mental Health Act to conform to the standards of the Convention on the Rights of the Persons with Disabilities? What independent monitoring mechanisms were in place in hospitals?

What procedures were in place to carry out independent investigations into all allegations of torture and ill-treatment committed by law enforcement officials? The number of complaints in 2009 was higher than in previous years; could the delegation provide information on these cases, how they had been dealt with and what were the results? Accessibility to complaint mechanisms was one of the most important conditions for securing rights and presenting wrongs, what role did the Commission on Human Rights and Administration of Justice play in relation to complaints. What were the programmes and initiatives regarding witness protection and support? Would Ghana consider ratifying the Palermo Convention, especially as the country was a source, transit and destination for children trafficked for forced labour and sexual exploitation? How many persons had been investigated and held accountable for trafficking in human beings and were there plans to protect persons subjected to trafficking through shelters, medical assistance or legal aid? Concerning the issue of small mining communities, what had been done about the role of the police and military using violence against the galamsey, small scale illegal miners, who were forcibly removed and shot, were either the large mining companies or the security services held responsible for these acts of violence?

An Expert raised issues about the need for an independent monitoring system to survey hospitals and institutions where disabled persons were kept to ensure these people were treated with respect and fully integrated into society. A Committee member asked questions about the legal framework in Ghana, specifically if people had the right of recourse to appeal and if so, to what body? Had the State party started the legislative process to bring international law and principles of human rights into the Constitution? Please explain how individuals could be kept on remand for lengthy periods without a trial? What did the concept of adult citizen for universal suffrage mean? What system of control existed to supervise officials who had the right to arrest a person who was either about to or had committed a crime? For proof obtained by torture, would it not be more appropriate to ban the court from using this information? How could people be held in solitary confinement? Under emergency legislation, a person could be detained for 10 day before the case was taken before a judge, which did not fit with habeas corpus. Please provide clarification on the independence of the police professional standards bureau? Concerning overcrowding in Ghana, were there alternative sanctions to replace imprisonment?

A Committee member asked whether Ghana could be in violation if its international violations because it had not incorporated international laws it had ratified in Protocols, such as the death penalty, into the criminal code. Non-Governmental Organizations had indicated there were problems with judicial corruption in Ghana, if this was the case then who was investigating these incidents? Concerning the questioning of detainees deprived of their liberty, could the delegation provide more information on the role of an independent witness as a guarantee, what about the use of tape recorders or a lawyer? What was the place of traditional justice which in certain cases would discriminate against women and was it applied in cases of property or inheritance?

An Expert asked what progress has been made in Ghana for the domestication of the Convention. What procedure would be available to a prisoner to complain against torture or other ill treatment? Could the delegation provide a description of the new rooms for interrogation and the methodology given to those were responsible for questioning detainees? How does the programme, Justice for All, work and could the delegation provide examples.

The independent investigation of complaints was crucial to eradicating practices of torture and a Committee Expert was concerned that the police, along with the Commission on Human Rights and Administration of Justice, had the right to investigate complaints and that this would not be in line with the Convention that called for an independent investigative mechanism.

A Committee member asked if there was an instance where a person, indicted by the International Criminal Court, had attempted to visit Ghana and what was or would be the response of Ghana if that individual was indicted for the crime of torture? Was there monitoring of sexual violence in prisons and could victims complain to authorities?

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