Accra, Ghana//-The Commonwealth Human Rights Initiative (CHRI) Africa Office has called on the Commission on Human Rights and Administrative Justice (CHRAJ) to institute an immediate investigation into the abuse of the rights of arrested forty-four (44) protesters in Accra.
The protesters, who are members of Democracy Hub, a civil society group, were exercising their constitutional right to assemble and protest near the 37 Military Hospital, Accra, which began on Saturday, September 21, 2024.
The protest was part of a three-day demonstration to register their displeasure with illegal mining, popularly known in Ghana as galamsey and its devastating effect in the country. On the first day of the protest, some protestors removed Police barricades, set fire to political paraphernalia, and clashed with the Police.
In a press release issued by the Commonwealth Human Rights Initiative (CHRI) Africa Office Accra on the matter, it also called on the Ghana Police Service (GPS) to sanction the police officers who violated the rights of the arrested protesters.
“Officers of the Ghana Police Service must be re-trained in crowd control techniques in conformity with human rights standards, and the Government should take immediate steps to establish an Independence Police Complaints Commission (IPCC) that would investigate Police abuse such as this one and make recommendations for redress”, further demanded.
The government must resource the National Commission on Civic Education to intensify public education to stop the growing intolerance of divergent opinions in various parts of the country, the CHRI added.
The CHRI also condemned these unruly acts of some elements among these protestors as “CHRI believes demonstrations and protests must be civil and orderly. Subsequent days, however, were peaceful”, the release said.
It continued: “The right to protest and freedom of expression are human rights and guaranteed under Chapter Five of Ghana’s 1992 Constitution. Article 21(1) (d) of Ghana’s 1992 Constitution states: “All persons shall have the right to freedom of assembly, including freedom to take part in processions and demonstrations.”
However, over the years, the GPS, mandated to facilitate the peaceful enjoyment of this right by citizens, seems to be focused on preventing this using statutory powers under the Public Order Act 1994 (Act 491).
The GPS consistently ignores the spirit of that piece of legislation but focuses on the letter, mostly at the behest of “the powers that be”. Ghanaian citizens who are exercising their constitutionally guaranteed rights, even when they breach the law, should not be met with unlawful arrests and inhumane treatment, the indicated.
The Police arrested over forty-four people on the second day of the protest, albeit peacefully, and detained them without due process. The information available indicates that the arrested persons were detained in Police custody without granting them access to legal counsel as required by law, even when the lawyers requested access to their clients.
Many of the protesters were kept in custody beyond the constitutional limit of 48 hours, making their arrest unlawful. Some were taken to unknown locations and/or moved around at short intervals, making it impossible for their relatives to trace them; media reports indicate a four (4) month-old pregnant woman is still in Police custody despite protestations from her family that she is pregnant.
As if that is not enough, some bystanders were also arrested despite not being part of the demonstration. As of 25 September 2024,25 .09 24, some protestors had not been arraigned before the law courts at all, and reports indicate that the Police have refused to release information on their whereabouts as demanded by lawyers, civil society groups and other interested parties.
“CHRI believes that this is a complete breach of the law and reflects badly on the legitimacy of the GPS as a law enforcement agency. As much as the police have a legitimate right to arrest persons who break the law, they must do it according to the law.
The personal liberty of the individual is protected in Article 14(1) of the Constitution. “Every person shall be entitled to his liberty, and no person shall be deprived of his liberty except by the procedure permitted by law.” However, information available to CHRI indicates that the GPS is not complying with the constitutional imperative, “procedure permitted by law”.
Further, the GPS’s conduct breaches other constitutional provisions as well as international and regional best practices. Notable among these are articles 14(2) and (3), 15(2), 19(2) and the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (The Luanda Guidelines). CHRI is of the view that a country whose march to independence came at the back of protests by ex-servicemen in 1948 and a country which has become a poster child for stable African democracy should not have a Police Service that not only frowns upon the right to assembly and protest, and also takes pleasure in abusing the rights of arrested persons.
The number of police officers deployed to police a protest of less than a hundred people and the show of might exhibited at the courts when the alleged protesters were brought suggest a not-too-subtle plan of intimidation.
CHRI observed that the Office of the Attorney-General and Ministry of Justice (OAGMOJ), in collaboration with the GPS, has commenced criminal proceedings for some of the arrested persons. Upon arraignment before the Court, the accused persons have been denied bail and consequently remanded to Police custody.
The CHRI, therefore, urged the OAGMOJ and the Court to conduct all proceedings with alacrity while fully recognising the rights of the accused persons.
CHRI makes this call, mindful that the accused persons have been denied their liberty, and best practice requires that where fundamental human rights are at stake, judicial proceedings should be conducted as quickly and fairly to prevent any irreparable harm to the persons concerned.
As a democratic country which has signed international human rights protocols and standards, including the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples Rights (ACHPR), among others, the Government must uphold and protect the human rights of all persons and ensure that the security agencies operate according to law, due process and internationally held standards.
