A/HRC/31/57/Add.2
prisoners to supervise the work of other prisoners. Authorities at the prisons visited denied
reports of appointing “blackcoats,” or prisoners selected to mete out punishment on others
under the authority of staff, although independent reports indicate that the use of blackcoats
to discipline prisoners that are deemed “recalcitrant,” or to humiliate new arrivals,
including by pushing, heckling and caning, continues. One inmate at Ankaful identified
himself to the Special Rapporteur as the elected block leader, tasked with resolving “petty
disputes” between prisoners, but did not identify as a blackcoat. The Special Rapporteur
recalls that authorities have an obligation to take effective steps to prevent and remedy
prisoner-on-prisoner abuse, and to ensure that prison officials are sensitized to the fact that
prisoners must not be given any disciplinary authority over other inmates.
Family visits
56.
At Nsawam Prison, inmates have the right to receive one weekly visit of around 20
to 30 minutes, while at Ankaful they are permitted one visit every two weeks for up to one
hour. Children under 18 continue to be prohibited from visiting absent special requests. The
Special Rapporteur regrets that visits continue to be monitored closely by prison staff and
that spaces and amenities for visits remain cramped and have not been upgraded. He
welcomes the GPS’s recent partnership with MSM communications, which intends to
introduce telecom services in some prisons to allow inmates to communicate with families
at no cost. Plans by the GPS to gradually introduce conjugal visitation rights in prisons are
also welcome.
F.
Death penalty
57.
It is reported that the President has commuted the death sentences of 21 and 14
inmates to life imprisonment in 2014 and 2015 respectively, which has led to the reduction
of the number of people in death row to 129 as of December 2015. However, it is
disappointing that although no new executions have been carried out, at least nine death
sentences have been imposed since the Rapporteur’s last visit. The Government’s plan to
put to a referendum recommendations of the Constitutional Review Commission that
require changes to the Constitution, including the removal of the death penalty, were not
implemented in 2014 or 2015.
58.
The Special Rapporteur draws the Government’s attention to the March 2014
judgment of the UN Human Rights Committee in the case of Dexter Johnson v. The
Republic of Ghana (CCPR/C/110/D/2177/2012), which holds that the imposition of the
mandatory death penalty for murder is a violation of the right to life. He strongly urges the
government to implement the recommendation of the Constitutional Review Commission
to abolish the death penalty to implement an official moratorium on the death penalty, and
to ratify the Second Optional Protocol to the International Covenant on Civil and Political
Rights, on abolition of capital punishment.
G.
Juveniles
59.
The Special Rapporteur learned that separation of juveniles on remand from adults is
not always assured in practice, often as a result of overcrowding and due to the fact that
detention warrants sometimes do not state the age of detainees. The Government is urged to
take measures to ensure that detention of children is used as a last resort and for the shortest
possible period of time and reviewed on a regular basis with a view to withdrawing it, and
amend the Juvenile Justice Act to provide for, and promote in practice, the use of
alternative measures to detention, such as diversion, probation, mediation, counselling, or
community service, wherever possible.
16
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