Ghana Assessment

The civil law in force in Ghana is based on common law, doctrines of equity and general statutes which were in force in England in 1874, as modified by subsequent ordinances. Ghanaian customary law is, however, the basis of most personal, domestic and contractual relationships. Criminal law is based on the criminal procedure code,1960,derived from English Criminal Law, and since amended. The Superior Court of Judicature comprises: a Supreme Court, a Court of Appeal, a High Court and a Regional Tribunal. Inferior Courts include Circuit Courts, Circuit Tribunals, Community Tribunals and such other Courts as may be designated by the law. It’s worth mentioning that the judicial system is competent and impartial. Ghanaian courts have acted with increased autonomy under the 1992 constitution, but are still subject to governmental influence. The judicial system practically has not reached yet the better level of capacity to handle the judicial function. As in many African countries, here in Ghana, the waiting time is excessive while an accused waits in jail for trial.

Defendants are presumed innocent, trials are public, and defendants have a right to be present, to be represented by an attorney (at public expense if necessary), and to cross-examine witnesses. Defendants and their attorneys have access to government-held evidence relevant to their cases and have a right to appeal. Defendants have the right also to present witnesses and evidence. Juries are used in murder trials. In practice, authorities generally respected these safeguards. [1]

Authorities routinely failed to notify prisoners' families of their incarceration; such information often was obtained only by chance. The court has unlimited discretion to set bail, which was often prohibitively high. The court may refuse to release prisoners on bail and instead remand them without charge for an indefinite period, subject to weekly review by judicial authorities. On occasion, police also demanded money from suspects as a precondition for their release on bail.¹

The Ghana Prison Service is the main department that is in charge of all prison, issues in Ghana. It works in collaboration with all legal volunteers who are concerned with prisoners, as well as institutions, non governmental organizations, associations, and coalitions of prison evangelists and advisors. But we do not forget to underline that in most cases, the poor are wronged in their assistance and aids. Due to the lack of means and corruption, indigent inmates are faced with unfair justice. The representation and mechanisms for alternative dispute resolution are rarely evident. Paralegal services are non-existent at the police station or for those incarcerated. But efforts are being made for incarcerated in prisons, so as to allow them to understand the law process, and apply this learning in their own case and assist with appeals.[2]

In July 2007 the Parliamentary Select Committee on the Judiciary visited the Nsawam Medium Security Prison to determine whether inmates' rights were being respected. Prisoners reportedly informed the delegation that some inmates had been incarcerated for years without a trial. As a result of the committee's findings and other reports compiled by the prison service, the government made some efforts to address the lengthy detention periods. In September 2007 the Attorney General's office launched its "Justice for All" initiative under which a special court sat at the James Fort Prisons in Accra. The initiative was intended to accelerate the judicial process and ease overcrowding in s prisons. The Attorney General's Office began a process to review the cases of remand prisoners at Nsawam Prison, resulting in the release of some remand prisoners. Since the inception of the program, approximately 40 persons on remand have been discharged, while others have been granted bail.¹

Women abuse, rape, domestic violence against women, inhumane treatment of women, degrading treatment of children, and trafficking are theoretically prohibited by the law and the customs. But nowadays, it is deplorable that this degradation occurs frequently. Women and children trafficking bring great incomes to some families from and other countries of Africa such as Burkina Faso, Niger, Nigeria, Benin, Togo, and Cote d’Ivoire. For this purpose the government, in collaboration with the UNDP and the UNICEF are planning to eradicate trafficking through the Ministry for Women and Children’s Affairs and the Department of Social Welfare.²

The number of trafficked victims was unknown, although NGOs estimated the number to be in the thousands annually. During the year DOVVSU received reports of twenty cases of child trafficking. Numbers reported in the media and obtained from police sources indicate that the actual figure is higher. Trafficking was both internal and international, with the majority of trafficking in the country involving children from impoverished rural backgrounds. The most common forms of internal trafficking involved children, mostly boys from the Northern Region, going to work in the fishing communities along Lake Volta or in small mines in the west, and girls from the north and east going to Accra and Kumasi to work as domestic helpers, porters, and assistants to local traders. Local and international NGOs reported these children were often subjected to dangerous working conditions and were sometimes injured or killed as a result of the labor they performed. Local authorities supported projects sponsored by the International Organization of Migration (IOM) and other organizations to decrease the incidence of such trafficking. IOM and various NGOs offered microcredit assistance and education to families who agreed not to provide their children to traffickers and to those whose children had been trafficked.¹

Borstal Institute is a juvenile detention center the state has operated like a prison. From age 14, most of the juvenile errants are sent in prisons, and they get rehabilitation services. Years ago the Department of Social Welfare and the Prison Service collaborated to transfer younger juveniles in adult prisons to juvenile correction centers and older juveniles back to the Borstal Institute.²

Prosecution of domestic violence cases remained difficult. Despite growing public awareness that domestic violence is a crime, government officials and NGOs did not have evidence that the new law had increased victims' willingness to report abuse or affected the number of arrests. Inadequate resources and logistical capacity in DOVVSU and other agencies, as well as only partial implementation of the Domestic Violence Act, hindered the full application of the law during the year. In many cases, victims were discouraged from reporting abuse and from cooperating with prosecutors because of long delays in bringing such cases to trial. Victims frequently did not complete their formal complaints because they could not afford the fees that doctors charged to document the abuse in police medical forms. Although the law waived these medical fees, doctors continued to require them in exchange for signing medical reports. There were credible reports that doctors sometimes charged more than the rate set by the hospital administration to sign medical forms.¹

According to the United Nations Declaration of Human Rights from article 7 all are equal before the law and any kind of discrimination is prohibited. But nowadays this good universal driving line is not very often practiced in our country.²

Here, there are major biases in the system. From the political view point, economic status and other social conditions, many things should be done. Wealthy people crush the poor at all social levels. The wealthy even get representations in the justice system, and indigents are always wrong.²

There are some legislated punishments that are evidently excessive and cruel in the light of today’s concepts of human right and justice. Some crimes should be de-criminalized. There is a legal death penalty. The death penality has been in Ghana’s Statute Books since 1874. Ghana still retains the death penalty for armed robbery, treason and murder.²

Some people were executed between 1984 and 1993. The method of execution was shooting. No executions have taken place since July 1993. Many people have a death sentence. And now many prisoners on death row see their sentences commuted to life in prison. They have sentences of life without possibility of parole.²

Prison conditions generally were harsh and sometimes life threatening. Much of the prison population was held in buildings that were originally colonial forts or abandoned public or military buildings, with poor ventilation and sanitation, sub-standard construction, and limited space.¹

In spite of efforts already made by the government to improve prison conditions, much work should be done in certain areas, such as: health, justice, environment, standards, and prisoners rights.²

There are gradation of confinement with different levels of security and freedom. But it is not always evident in some cases. There are alternative punishments rather than incarceration. This does not include treatment for alcohol or drug addictions or mental health, but does include community service or financial recompense. It does not include family group conferencing or victim offender mediation.²

The Judicial Service has made efforts to mainstream alternate dispute resolution (ADR) procedures in order to decongest the courts and to address judicial inefficiency. Mediators have been trained throughout the country to implement ADR and mediation desks have been established in some district courts. An ADR secretariat was established within the Judicial Service.¹

The Chieftaincy Act gives village and other traditional chiefs the power to mediate local matters and enforce customary tribal laws dealing with such matters as divorce, child custody, and property disputes. However, the authority of traditional rulers has steadily eroded because of a commensurate increase in the power of civil institutions, such as courts and district assemblies.¹

The issue of overcrowding still remains questionable in Ghana prisons. It is becoming more and more a big concern for the competent authorities. In most cases we may find inmates pressing upon one another like in sheepfolds. There are 45 prisons run by the Ghana Prison Service. From the prison service annual report last year, there was a prison population of 14,000 in the country. Presently Ghana has an approximate prison population of 18,000 living in facilities designed to accommodate 4,000. N’sawam medium security prison, the most important prison of Ghana built in 1956 to accommodate 717 inmates, now has over 4,000 inmates. Thus 55 inmates can share a cell meant for 12. Today this fact contributes to a prevalence of serious and communicable diseases such as AIDS, tuberculosis, itch and cough. We also underline the frequency of suffocation assaults between inmates themselves, homosexuality, lesbianism and sodomy. Many efforts have been made by the government through the Ghana prison service, but many things remain to be done at all the levels, starting by building and rehabilitating other prisons with adequate equipments.²

Arrangements are made to separate men and women; children and adults; the elderly; accused and convicted; persons deprived of liberty for civil reasons and those deprived of liberty on criminal charges. Juveniles are kept separately from adults in prisons. There are some separate prisons for juveniles as rehabilitation centers. The convicted persons are not identified with uniforms.²

According to the 2007 Prisons Service Annual Report, 13,335 prisoners (average daily lockup) were held in prisons designed to hold approximately one-third of that number. ¹

Pretrial services are not existent which assess the needs of the accused and recommend possible treatment or other solutions instead of incarceration. There is not any mechanism for releasing pretrial detainees, such as in-bond or release on own recognizance. But it’s worth mentioning that NGOS were engaged in advocacy with other legal stakeholders, including the Ghana Bar Association (GBA) to seek other means of incarceration other than imprisonment. It is hard to confirm that incarcerated persons are given credit for time served in pretrial. In reality, some inmates had been on remand over a period ranging from five to 15 years without their cases being heard.²

As in many other countries, there are here statuary and written prison standards, prison codes and manuals of prison procedures. Regulations have been well-structured for the good working of the prison service, but they are seldom enforced by prison authorities and civil servants. There is an independent agency to monitor prisons and jails such as the Centre for Human Rights and Civil Liberties (CHURCIL) a non profit legal and educational organization. In addition, Prisoners Rehabilitation and Welfare Action, Common Wealth Health Rights Initiative and the UNDP are also some of the concerned, non governmental organizations that are involved in monitoring our prisons, as part of their humanitarian mandate. Judges do not regularly visit prisons. This situation is really pitiful and regrettable within incarceration areas. Instead of being comforted, inmates are most of the time defenseless before cases of injustice in prison. This encourages bad conditions in prisons. Our authorities should pay attention to this.²

Each prison has written rules and regulations governing required behavior of incarcerated persons but, in the practice the enforcement is not often evident. Incarcerated persons are able to make complaints to the central prison authority, but they are fearful and defenseless, on account of dreadful retorts and victimizations from authorities. The proceedings of serious grievance investigations are generally slow, and are not in a timely and thorough manner. The results of the investigation, in some cases, are even non existent.²

Members of the community, press, civil society, NGOs, Evangelical churches, Muslim associations, and all concerned persons legally recognized by the authorities, are able to enter the prison premises according to an accurate schedule. Some legal procedures and steps should be done before having interviews with incarcerated persons and photos in prisons, but photos are rarely permitted.²

In Ghana there is a policy for humane treatment in keeping with the dignity of every human person, but this universal regulation is not easily implemented. Any treatment that wrongly affects incarcerated persons is supposed to be prohibited. In the same way, corporal punishment, torture, dark cells, or any other cruel, unusual, or degrading treatment should be deleted; unfortunately these abuses are still evident within our incarceration areas. Incarcerated persons are subject to threats and acts of collective punishment. Solitary confinement is used excessively. Persons who are abused or injured by law enforcement officials are not given adequate compensation and support, for they are very often defenseless.²

There are prison gangs that abuse others, and such incidents occur frequently. Here, in our prisons there is also the “law of the strongest.” In September 2006, an inmate at the Bibiani Prison was found hung by his cellmates. There are incarcerated persons that have administrative, disciplinary, or supervisory authority over other incarcerated persons. Corruption and discrimination are also revealed at this level.²

The state is a party to relevant international and regional Human Rights instruments. These instruments are fully implemented in domestic legislation. But due to ignorance and lack of awareness, that is not evident in some cases. The state has agreed to the UN Standard Minimum Rules for the Treatment of Prisoners.²

The State has supported the adoption of an Optional Protocol to the UNCAT to create an international visiting mechanism with the mandate to visit all places where people are deprived of their liberty. The Republic of Ghana is one of the states that had signed but not yet ratified this convention. Many efforts should be made again, for the implementation of this instrument is limited to the minority and is not fully enforced.²

The constitution and law prohibit such practices; however, there were credible reports that police beat and abused suspects, prisoners, demonstrators, and other citizens. Severe beatings of suspects in police custody reportedly occurred throughout the country but largely went unreported in official channels. In many cases, police denied allegations or claimed that force was justified by the circumstances. The many cases of police brutality leading to deaths during the year led several NGOs, lawyers, and civil society organizations to publicly denounce the tendency of police to use excessive force and to call for the Inspector General of Police (IGP) to take action against those responsible.¹

Incarcerated women are effectively protected from sexual abuse by overseers who are mostly officers from the same gender. But there is not an effective guarantee of the protection of sexual abuse on account of the bad state of some prisons facilities and a lack of logistics. Homosexuality is being more and more a threatening and major issue in the prisons. In addition, lesbianism and sodomy cases rise in prisons. The government does not acknowledge its presence or criminalize it. That contributes to gross health risk.²

Correctional officers are trained for their responsibilities. The Ghana Prison Service is the department of the state that runs prison issues. In collaboration with some partners and international organizations, It offers to prison officers instruction and periodic specialized training, with an emphasis on human rights, and on the prohibitions regarding the use of force, firearms, and physical restraint. There are no attempts made to develop mutual respect between incarcerated persons and correctional officers, but some inmates undertake a good relationship with officers in order to take advantage of their indulgence.²

Information is gathered yearly on the number of deaths and their details. The Ghana prison facilities accommodate incarcerated persons from other countries. Information and statistics on prison issues are not easily released. It is a part of prison privacy. Universities in the country are doing research in the prison – for example, research has been done by the Education Faculty of Law from Kwame Nkrumah University of Science and Technology.²

The prison provides medical services, but due to lack of means there is not adequate health care for incarcerated persons, - for example: adequate medical, psychiatric, and dental care, availability of suitable and impartial medical personnel, or testing and treatment for drug addiction and prevalent diseases. There are no suitable medical exams (health checks) for incarcerated persons on admittance and on discharge. Sanitary facilities that have been built in some cases are not adequately supplied.²

Overcrowding is naturally a serious health risk for incarcerated persons. It is a relevant issue that should be conscientiously dealt with in our prisons. Today overcrowding contributes to a prevalence of serious and communicable diseases such as AIDS, cholera, tuberculosis, cough, asthma, typhoid fever, and itch. Suffocation is a fact that is also recurrent in the midst of the incarceration areas.²

Nutritious food and drinking water for consumption and hygiene are of poor quality. Incarcerated persons do not eat according to their expectation; the addition of breakfast, lunch and dinner is boiled down to one small meal a day and of the same poor quality of food every day. The food provided is mostly beans, maize, rice amongst others. On account of food shortage, they are bound to rely on their families or outside organizations for additional food.²

Bedding problems for prisoners persist. Most of the time they do not have their own bed and mattress. Many of them usually sleep on pieces of mat or old cardboard destined to be thrown away. Soap and clothing are not provided by the prison. Humanitarian donations provided by NGOs and stakeholders or families are not sufficient to meet their needs due to overcrowding.²

Spaces in prisons facilities are limited with poor ventilation. Likewise, incarcerated persons do not get outside in the fresh air every day. In some cases inmates just go out when they are wanted for work or in case of emergency such as trial time.²

A state department is responsible for health care and training of health officials. Health officials generally are trained by the community health centres or university health centres with the support of Health Ministry. ²

Overcrowding contributed to the prevalence of communicable diseases; medical facilities were inadequate, and the prisons supplied only the most basic medicines. Prisoners relied on families or outside organizations for additional food, medicine, and other necessities. There are shortages of food, bedding, clean water, and clothing for prisoners.¹

Women have gynecogical and paediatric care before, during and after giving birth. There is a state hospital in cases of emergency.²

The case of insane and mentally abnormal prisoners is hard to comment on. There are not suitable and adequate facilities to deal with this relevant issue in the country prisons. The only existent medical staffs, in some cases, do not have the necessary and appropriate tools to give special treatment to the emotionally and mentally ill.²

The prisons theoretically have adequate programs- for example primary, secondary, technical, vocational, and post-secondary education. Life-skills education programs are rarely implemented, but have started in some areas such as Nsawam Medium Security Prison, and the Kumasi Women Prison. There is education for incarcerated persons aimed at developing the whole person, including access to books, religion classes and cultural activities such as music or art, but due to overcrowding and lack of appropriate means, this purpose remains still hard to be reached. It is worth mentioning that job skill development and work assignments exist, which help to prepare for economic survival on the outside.²

Incarcerated persons are not paid a wage for their work. There is neither any salary link nor giving money for their families; on the contrary they are dependent upon their relatives.²

Counselling and sensibilization efforts are made through Evangelical churches, and Associations. Regional news is translated into local mother-tongues such as Shwi and Fante, to deal with domestic, human trafficking, or other trauma.²

Last year, the Nsawan Medium Security Prisons, 36 km north of Accra, has started an educational program to provide opportunities for inmates and school dropouts to acquire a formal education. Sixty (60) inmates have so far been enrolled. The program which forms the President’s Special Initiative on Distance Learning started in January with primary, junior high, senior high and non formal education as well as information communication and technology (ICT).²

The Program follows the normal system of the Ghana Education service. Other categories of prisoners were being trained in vocations like dye making, sewing, carpentry, joinery masonry, weaving, blacksmithry, and electronics and baking. In the same way civil society organizations and other philanthropists have been asked to complement the government’s effort by supporting prisons with teaching and learning tools to enhance teaching and learning.²

Government efforts are being made for the provision of vehicles, chain links to fence the prison, communication gadgets, a classroom block for the Nsawam prison community, workshop equipment, water tankers and the construction of road networks, as part of the rehabilitation program.²

There are programs for pre-release, but there is no re-entry assistance for incarcerated persons. There is earlier release or parole based on rehabilitation efforts. These efforts are also carried out with some evident amnesties from the head of the State. Every few years the government of Ghana considered granting amnesty to some prisoners as a part of its exceptional re-entry programs. Last year 1,000 prisoners were released; two years ago the number was 2,000. Many of these freed prisoners receive amnesty for crimes for which they have not actually been convicted. On his last day in office as President of Ghana (now former President), John Kuffuor has pardoned 500 prisoners including: an industrialist, a former minister of youth and sport, a former minister of finance, a former minister of food and agriculture, a former deputy minister of trade and industry and a director at the ministry of finance. In addition, the President granted amnesty to:

- all those serving at the “President’s pleasure” and have done more than 15 years of their time.

However offenders in these categories who were jailed for murder, armed robbery, rape, defilement, narcotics, and threat of death, carrying offensive weapons, manslaughter and escaping from lawful custody are exempt from the amnesty.²

There is not any structure that allows incarcerated persons to return home regularly for a few days at a time as the end of the sentence approaches. Due to the poverty and lack of means there are not any basic systems and services available to ex-offenders. Families or other people are generally hostile, and incarcerated persons are strictly rejected when they are sent back into the society. This situation seems to jeopardize their reintegration in the society. Efforts are practically not made for this sake, except by some concerned religious organizations that devote themselves to counselling ex offenders after their release, through the Gospel teaching.²

Incarcerated persons should have the right to vote regardless of their social and living conditions. Unfortunately prisoners voting is a taboo issue in incarceration areas, and for decades inmates have not had the right to vote. However, the voting right is restored as soon as they are discharged and released from prison. At this time, they may be allowed to go for registration and vote like any citizen according to the election modality. They also have access to television, radio, newspapers and others medias of the country to prepare to vote.²

All social strata, all kind of religions, volunteers services, humanitarian organizations, NGOs, international organization, associations, friends of prisoners, families of prisoners, human rights organizations, (The UNDP, Canadian Lawyer Abroad, Center for Human Rights and Civil Liberties, Ghana Bar Association, Zoom Lion Limited, …) are allowed to visit incarcerated persons according to legal steps and recommendations from the Ghana Prison Service. The State does not provide transportation of relatives to and from the prisons. They have private visiting arrangements for certain family members. There are not mail and telephone service for families on account of security grounds. Nevertheless, officers deal with the most relevant cases of communication.²

In addition, reformation, rehabilitation and reintegration of ex-convicts are all relevant issues that should be dealt with delicacy in the prison service. All kinds of help and support are needed to win this great challenge in Ghanaian prison reform.²

[1] U.S. Human Rights 2008 Country Reports, http://www.state.gov/g/drl/rls/hrrpt/2008/af/119004.htm

[2] A knowledgeable source in Ghana