A/HRC/31/57/Add.2
tracking and filing systems), are largely absent, creating situations in which cases are “lost”
and detainees are “forgotten” on remand. Similarly, while the right to habeas corpus is
guaranteed under the Habeas Corpus Act of 1964, detainees are rarely able to effectively
and expeditiously challenge the lawfulness of their detention as a result of judicial
ineffectiveness and a scarcity of legal aid resources. The Special Rapporteur welcomes
Government proposals for the creation of a national electronic database on persons
deprived of liberty with the support of the Ghana Investment Fund for Electronic
Communications.
Judicial management and case disposition
20.
The Special Rapporteur is encouraged by the reactivation of the “Justice for All”
programme, under which special traveling courts are set up to adjudicate remand cases –
including expired warrants – in 2015. He thanks the Government for the information that at
the time of his follow up visit, the programme had disposed of cases in the Western, Volta,
and Eastern regions, resulting in the discharge or release on bail of up to 100 prisoners. He
welcomes reports that the programme is currently continuing its work in other regions of
Ghana, and urges authorities to continue efforts to clear up the black-log of remand cases
with a view to ensuring access to justice and decongesting prisons. The Government is
advised to update the programme’s terms of reference and widen its scope beyond cases of
pretrial detention, so that it also covers appeals and cases of prisoners serving lengthy
sentences. Plans to establish permanent secretariats in Ghana’s regions to assist with the
implementation and management of the programme are auspicious.
21.
The Special Rapporteur commends the Government for the inauguration of a High
Court on the premises of the Nsawam prison in July 2015. This is a pilot project designed
to reduce overcrowding by facilitating the disposition of cases, particularly those of remand
detainees, and appeals. Establishing such courts on prison premises is useful due to the
logistical difficulties otherwise posed by transportation from prisons to courts. The Special
Rapporteur understands that the High Court at Nsawam will be a multi-purpose court
exercising original jurisdiction over all criminal matters. He notes that at the time of the
visit, Nsawam’s population of remand prisoners stood at around 8%, a figure below the
national average. Accordingly, the real impact of such a court in reducing the numbers of
remand detainees will be primarily seen when the project is expanded to build remand or
high courts on the premises of other prisons housing greater numbers of remand detainees.
Measures to support the improvement of judicial case management, including the
implementation of a “fast-track system” for less serious cases and ensure their swift
progress through the criminal justice system, and of a rapid appeals process for the review
of convictions and sentences, should also be pursued. Similarly, a project to review
sentences that are being served, with a view to implementing clemency through
commutation, pardon or other means in deserving cases, would certainly help reduce the
overcrowding that currently affects Ghana’s prisons.
Sentencing policies and non-custodial measures
22.
Ghanaian sentencing policies continue to result in excessively lengthy custodial
sentences for many, if not most, inmates. Currently, the narrow scope of available sentences
encompasses absolute or conditional discharge, fines, probation, imprisonment, and the
death penalty, while reports indicate that the application of available non-custodial
measures like adult probation, is non-existent. A new Non-Custodial Sentencing Policy
produced by the Ministry of Interior in 2014 and presented to the Chief Justice in February
2015 was under consideration by the Ministry of Justice at the time of the visit. The Special
Rapporteur urges the Government to enact the relevant statutory provisions and begin
implementing non-custodial sentencing options – such as community service orders,
7
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