A/HRC/31/57/Add.2 suspended sentences, and conditional discharge – as a matter of urgency to reduce overcrowding in prisons and facilitate inmates’ reintegration into society. 23. The Special Rapporteur welcomes the recent development of the “Ghana Sentencing Guidelines” and hopes that despite their non-binding nature, the Guidelines will promote greater consistency, remedy undue harshness and inequities in sentencing, and encourage more reasonable use of judicial discretion. The imposition of long sentences for non-violent offenses, such as a minimum of five and ten years’ imprisonment for the use and possession of narcotic drugs, respectively, under the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990, is troubling and contributes significantly to prison overcrowding (with 90% of remand detainees in some cases reportedly convicted of possession or consumption of ‘Indian hemp’). The Government reports that the Act is under review, with plans to provide for classifications and consideration of amounts in determining the purpose of possession. Such a review would be an encouraging development. Mandatory minimum sentences for lesser, non-violent offences should be reduced or eliminated, and time spent on remand should be taken into account in sentencing. Greater reliance on alternative dispute resolution measures also has the potential to help unburden the encumbered criminal justice system. 24. The Special Rapporteur welcomes reports that President Mahama granted amnesty to 2,004 prisoners in 2014 and 2015, but is concerned by claims of discrimination and corruption in this process. Recalling that post-sentencing disposals are not an optimal solution for reducing overcrowding in prisons, he urges the Government to extend eligibility for remission, commutation of sentences, parole, or pardon to inmates serving long sentences, additional to those on death row and serving life sentences. While the President recently called on the Director-General of the GPS to present a proposal for the remission of sentences for prisoners who have demonstrated good behavior and for elderly and sick inmates, a review of non-violent offenses for which bail is not available has not occurred despite its potential to help reduce the number of remand prisoners. Parole remains unavailable despite its contemplation by the Constitution and despite the Government’s indication that it seeks to establish parole boards and introduce measures to grant parole to prisoners with good chances of reintegration and solid social support networks. Such measures, if and when implemented, must be backed with appropriate levels of support and staff training. Right to Counsel and Legal Aid 25. The right to counsel is guaranteed in the Constitution and a fundamental safeguard against torture and other ill-treatment. However, it is not effectively implemented in practice as the vast majority of Ghanaians in the criminal justice system are indigent and remain unable to exercise this right to access a lawyer, let alone from the moment of apprehension and at all stages of the investigation process. The Ministry of Justice reports that 90% of defendants in cases heard by the high courts benefit from assistance of counsel, which is required for first-degree felonies at the high court level; however, this is not a sufficient guarantee for the vast majority of defendants, whose cases are adjudicated only by district or circuit courts. 26. The Legal Aid Scheme of 1997 (Act 542) provides the right to legal assistance to persons charged with capital offenses punishable by death or a life sentence. The scheme should be expanded to cover all criminal offenses. Although it aspires to provide free legal assistance to indigent defendants, this is not a requirement mandated in legislation. The Scheme became independent from the Ministry of Justice and retained control over its budget pursuant to a Constitutional Review Commission decision in 2012, but continues to be woefully underfunded and understaffed, despite an increase in staff from 40 to 70. There are currently only 16 public defenders comprising the Legal Aid Scheme, divided amongst 8