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
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