A/HRC/25/60/Add.1
33.
Section 22, paragraph 1, of the Prisons Service Act provides that a prisoner can
make a complaint of assault, maltreatment or intimidation by a prison officer, or neglect or
non-performance of duties or other misconduct. The complaint is submitted to the block
commander, Director or officer-in-charge of the prison and passed up the chain of
command to the regional level and then on to the then Acting Director-General of the
Prisons Service under the Ministry of the Interior. According to the Government, only
three complaints have been received at the highest level; they involved prisoner-onprisoner violence and were immediately investigated and appropriate sanctions imposed.
There have been no complaints about treatment by prison staff. With nearly 15,000
prisoners living in oppressive conditions under authorities who also work in a difficult
environment, the number of complaints seems surprisingly low.
Lack of effective investigation of allegations of torture
34.
The Special Rapporteur noted during interviews with detainees that, even when
there were allegations of police brutality or use of excessive force, there was a general
reluctance to complain and, as a result, few cases appear to have been investigated.
35.
During his meeting with the Police Service, the Special Rapporteur was not
provided with recent statistical data on allegations of torture and ill-treatment and on the
results of any investigations undertaken in respect of law enforcement (CAT/C/GHA/1,
paras. 66–75). There was also a lack of information concerning personnel who may be
responsible for an offence under section 25 of the Prisons Service Act. It appears that few
investigations are conducted and officials are seldom prosecuted.
Burden of proof and independent medical examinations
36.
There is a forensic laboratory in Accra under the authority of the Criminal
Investigation Department and the Government reported that it was satisfied with the level
of forensic expertise. However, the Special Rapporteur notes the absence of routine
medical examinations by qualified forensic medical doctors at the police investigation
stage, by court order or upon admission to prison. He is also concerned about sections 10–
13 of Police Service instruction 171, which provide for medical examinations to be
conducted under the control of government medical officers and in the presence of a police
officer during supposedly independent medical examinations. Medical assessments
requested for forensic purposes are performed by medical staff who have no specific
competence in forensic medicine.
Monitoring and inspection of places of detention
37.
In accordance with articles 2 and 16 of the Convention against Torture and Other
Cruel Inhuman or Degrading Treatment or Punishment, the Government is obliged to
prevent acts of torture and other cruel, inhuman or degrading treatment or punishment. The
Commission on Human Rights and Administrative Justice does some prison monitoring,
but does not currently receive adequate funding to conduct extensive monitoring. Some
national NGOs have a limited monitoring and reporting role, subject to resources.
38.
The Police Intelligence and Professional Standards Bureau is mandated to visit
police stations to check on those detained in police custody and their treatment by
personnel (A/HRC/WG6.14/GHA/1, para. 109) but neither the frequency nor the findings
of such visits were ascertained.
Ratification of the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
39.
The Special Rapporteur welcomes the commitment of the Government of Ghana to
ratifying the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Ibid., para. 101). In 2009, the
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