GHANA | CHRAJ issues advisory on torture and other cruel, inhuman or degrading treatment or punishment

Background

The Commission on Human Rights and Administrative Justice (CHRAJ) of Ghana has followed recent media reports of alleged torture and other cruel, inhuman or degrading treatment or punishment (hereinafter generally referred to as “torture”) meted out to two journalists of an online media platform in Ghana, ModernGhana, for their alleged involvement in cyber-crimes. These media reports come on the heels of the incident that took place during the Ayawaso West Wuogon by-election, which led to the setting up of the Commission of Inquiry chaired by Emile Francis Short.

CHRAJ found it appropriate to issue an Advisory in accordance with the Paris Principles which vest National Human Rights Institutions (NHRIs) with general responsibility to advise Government, Parliament and other authorities by giving and issuing “opinions, recommendations, proposals and reports”.

CHRAJ notes and lauds the step taken by the Government in setting up the Commission of Inquiry (Commission) under the Chairmanship of Emile Francis Short to make a full, faithful and impartial inquiry into the circumstances of, and establish the facts leading to, the events and associated violence during the Ayawaso West Wuogonby-election on 31st January, 2019. Nevertheless, in line with standard practice as per the United Nations Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment (The Istanbul Protocol), and consistent with the tenets of transparent and accountable governance, the State (Government) issue a public report based on findings of the investigations of the Commission as stipulated under Article 280(3) (4) of the Constitution.

Conclusion and advice

• CHRAJ is calling on all state actors, particularly the Security Agencies, to respect Ghana’s obligations under international law and to take steps to rid its operations of the use of torture and, where state officials are found to have employed torture in the performance of their work, should be dealt with swiftly under the laws of Ghana.

• CHRAJ is also calling on all persons who may at any given point time suffer any form of torture by any person or group of persons whether acting in a private capacity or official capacity to report to the appropriate authorities, including CHRAJ, for investigations to be conducted and the matter dealt with appropriately.

• CHRAJ notes that the Government is not oblivious of Article 280(3) of the Constitution, which obligates His Excellency, the President, to publish the report of the Commission together with a White Paper within six months after the date of its submission by the Commission. In the same vein, CHRAJ further notes that notwithstanding the obligation as per Article 280(3) of the Constitution, the President can resort to Article 280(4) of the Constitution, which vests him with the discretionary power to issue a statement other than a report on the Commission’s findings. CHRAJ wishes to advise His Excellency, the President, in exercising his executive or administrative power under Article 280(3)(4) of the Constitution, he should be guided by ethos of good governance as articulated under the Constitution.

• It  is worthy of note that in accordance with the Robben Island Guidelines for  the Prohibition and Prevention of Torture in Africa (Robben Island Guidelines),the Luanda Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines) and the United Nations Standard Minimum Rules for  the  Treatment of  Prisoners (Nelson Mandela Rules), the State must always endeavour to promptly take  steps  to prohibit and prevent torture, by conducting independent, impartial and effective investigations into all allegations  of torture or ill-treatment, and also ensure continuous training of  law enforcement officials and other relevant personnel on human rights standards, among others, in fighting and investigating allegations of torture.

• CHRAJ reminds all state and non-state actors to respect Ghana’s obligation under Articles 12(1) (2), 15(1) (2)  (3), 33(5), 35(4) and 40(c)(d) of the 1992 Constitution, SDG 16 and its relevant targets, as well as those stipulated under international law, particularly the ACHPR, ICCPR, CAT and OPCAT by avoiding acts and omissions that may impugn Ghana’s strides towards human rights compliance.

• CHRAJ calls on the Office of the Attorney, as chief  legal adviser to the Government, as well as Parliament, and consistent  with international best  practice, to take  the necessary steps towards enactment of a separate law on torture so as to cure the gap in the existing criminal jurisprudence.

In order to view the full advisory paper of CHRAJ click here.

Source: Commission on Human Rights and Administrative Justice, Ghana