A/HRC/25/60/Add.1 examine cases from individuals and NGOs, in accordance with article 5, paragraph 3, of the Protocol. C. National level Constitutional and legislative provisions 9. Article 15, paragraph 2, of the 1992 Constitution of Ghana states that “no person shall … be subjected to (a) torture or other cruel, inhuman or degrading treatment or punishment, (b) any other condition that detracts or is likely to detract from his dignity and worth as a human being”. However, the offence of torture, as defined in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, has not yet been included in the Criminal Code, 1960 (Act 29), (CAT/C/GHA/C0/1, para. 9). III. Assessment of the situation 10. Ghana has emerged from its past of colonialism and military rule and its economic progress has had a stabilizing effect in the region. There remains a strong element of traditional practice that must be engaged with, in order to ensure that human rights take hold in all regions of the country. There is clearly a resource issue in the light of the steps still to be taken, but a key element is also the political will to address urgent issues in both the criminal law and health-care systems to ensure that current practices and existing conditions do not give rise to cruel, inhuman or degrading treatment or punishment, or even torture. A. 1. Practice of torture and ill-treatment Police Service 11. The legal framework governing the work of the police is the Ghana Police Service Act, 1970 (Act 350). The Inspector-General of Police has overall responsibility for the prevention of crime, the enforcement of law and order, the promotion of the safety of citizens and respect for human rights. There are 651 police stations and posts across 11 regions. 12. The situation on the ground regarding the practice of torture or ill-treatment by the police is one in which abuses do occur in some individual cases during arrest, transfer to police stations and interrogation, but the Special Rapporteur did not find evidence that those abuses were part of a widespread pattern or systemic practice. The Special Rapporteur visited Nkawkaw central police station, Ejisu police station, the Cape Coast regional police station and Kotokuraba central police station. In at least three of the police stations visited, he noted traumatic scars on inmates’ bodies that were consistent with allegations of beatings with canes or batons. 13. In Nkawkaw police station the Special Rapporteur examined two detainees who had physical injuries which were consistent with their testimonies of recent beatings by fists or blunt instruments used by police during the course of their arrest, transportation and, in particular, interrogation. This was corroborated by forensic medical examinations, of which the conclusions were that the mistreatment inflicted was normally of short duration, consisting mainly of physical trauma caused by punches, slapping and occasionally blows with objects such as canes or batons. 14. The Police Intelligence and Professional Standards Bureau is an internal mechanism that receives and investigates cases of alleged police brutality and violations of 4

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