A/HRC/31/57/Add.2
15 district offices and 10 regional offices, serving more than 26 million people. The Special
Rapporteur welcomes initiatives designed to supplement the funding of the Scheme, such as
the monetary donation by the United Nations Development Programme in 2014, and
encourages further donations, partnerships, and trainings, as well as public education
campaigns, in view of survey reports that at least 69% of the population is not aware of the
option of legal aid.
27.
The Special Rapporteur learned that the GPS has established a Paralegal Unit, with
the support of the British High Commission, at Nsawam, to provide legal assistance to
indigent detainees awaiting trial. Nevertheless, reliable information on the number of cases
undertaken by paralegals and their outcomes is lacking. Such a Unit has also reportedly
been established at the GPS Headquarters, but there are no reports on the outcome of plans
to set up units at all central prisons. Accounts by both prisoners and civil society indicate
that legal aid and paralegal services fail to reach most inmates. The Special Rapporteur
learned that a Draft Bill on Paralegal Services is currently in the works, but did not obtain
additional information on its content.
Confession Statements
28.
The Special Rapporteur reiterates his call on the Government to amend the Evidence
Act 1975, which does not expressly exclude evidence obtained under torture from
proceedings, to bring it in line with Article 15 of the Convention. The Act renders
inadmissible as evidence statements made in the absence of “an independent witness (other
than a police officer or member of the Armed Forces) approved by the accused,” who must
state that the confession was made in his or her presence, and not under duress. The Special
Rapporteur regrets that he has not received statistics on the application of the Act or
information as to cases where courts have excluded confessions obtained under torture or
prosecuted and punished officials for extracting confessions under torture. This is of
particular concern in view of reports about the use of torture and other ill-treatment by
police to extract confessions. Although the Attorney-General reiterated that confessions
alone are not used to secure convictions, that corroborating evidence is required, and that a
“mini-trial” takes place to determine the admissibility of confessions, the Special
Rapporteur is concerned by the non-fulfillment of these guarantees in practice. Multiple
inmates reported that they were convicted on the basis of coerced confessions, prevented
from reporting their grievances before the judge, and denied opportunities to dispute the
admissibility of confessions in court, or exercise their right to appeal their convictions.
Information received from civil society corroborates these allegations and reveal that courts
do not initiative ex officio investigations when there are reasonable grounds to suspect
torture or other ill-treatment, and that there is a pervasive inclination on the part of judges
summarily to dismiss allegations of torture.
Independent medical examinations
29.
The right to independent medical examinations continues to be denied in practice.
The Special Rapporteur regrets that he has received no indication that independent medical
examinations by qualified forensic medical doctors – without interference by law
enforcement personnel or prosecutors – are provided as a matter of routine, whether at the
time of arrest and during the police investigation stage, by court order, upon transfer and
admission to places of detention, or upon request. Police Service instruction 171 has not
been revised to remedy the fact that, when provided, medical examinations are not
independent; in fact, if they take place at all they are conducted under the control of
government medical personnel and in the presence of police officers. The almost complete
absence of forensic experts makes it essential to meet the need for training on the
assessment of torture and other ill-treatment in accordance with the Istanbul Protocol.
9
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