A/HRC/25/60/Add.1
83.
There are isolated incidents of torture and ill-treatment by police officers
during the initial stages of interrogation. While prisoners did not allege ill-treatment
by prison staff, the practice of delegating disciplinary authority to fellow inmates is a
corrupt and bad practice that must be eradicated within the prison system.
84.
The construction of a new prison, the “Justice for All” programme and
presidential pardons (800 prisoners were pardoned in 2012) are helping to reduce
prison overcrowding, but the lack of an effective criminal judicial system is at the
core of the problem. There is no comprehensive and well-resourced legal aid
programme; only a limited number of offences are bailable; pretrial detention is
prolonged owing to inadequate police investigations, lost case files and a shortage of
judges; sentencing policies result in excessively lengthy custodial sentences; remission
of sentences is very limited; alternative measures are not implemented; and there is
no parole system because of a lack of resources and trained officers.
85.
International human rights standards are not met in the Ghanaian prison
system. The extreme level of overcrowding extends to those on remand, the convicted
and the condemned, and results in a number of serious violations: inadequate
nutrition, insufficient access to medical care, poor sanitation, personal insecurity and
the absence of rehabilitation services. These substandard conditions constitute cruel,
inhuman and degrading treatment or punishment. On 1 March 2014, the DirectorGeneral of the Prisons Service established a transformational task force to help
upgrade the prisons system so that it conforms to international standards.
86.
In the past 20 years, no executions have been carried out; however, condemned
prisoners experience the “death row phenomenon”, which amounts to ill-treatment
or even torture. The Government has set up a committee to move towards
implementation of the recommendation to abolish the death penalty.
87.
The ratification and implementation of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment must be a priority, to allow a system of regular prison monitoring. The
Commission on Human Rights and Administrative Justice currently monitors some
places of detention and could become an effective monitoring mechanism, if
adequately resourced to visit all places of detention regularly. However, it should not
be considered as a substitute for effective complaints mechanisms.
88.
The complaints system regarding allegations of torture and ill-treatment and
the investigation, prosecution and punishment of perpetrators are provided for in law
but not implemented, except in a very few cases. The lack of accountability is also the
result of a very basic level of forensic services, which means that medical
examinations, if carried out at all, are not conducted by independent forensic
specialists but by poorly trained doctors, or even nurses, employed by the Ministry of
the Interior.
89.
While the Juvenile Justice Act (2003) and the Children’s Act (1998) prohibit
corporal punishment, such as caning, as a disciplinary measure in prisons, these laws
must be effectively enforced and those who violate them must be held accountable.
90.
Denying minors the right to be included in family visits to detainees is a
violation of the prisoner’s right to family contact and of the right of the child to have
a relationship with parents who may be in the penitentiary system. 13
91.
There is no therapeutic justification for the use of prolonged restraint (both
physical and chemical methods) of persons with disabilities and any involuntary
13
16
Convention on the Rights of the Child, art. 9.4. Separation from a parent can only be ordered if it is in
the best interests of the child and on a case-by-case basis.
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