A/66/44
Committee notes with interest the information provided by the State party’s delegation on
existing proposals for expanding mental health facilities in the country, and on the draft
mental health bill before Parliament, which would include an individual complaint system.
The Committee is seriously concerned at reports regarding persons remaining in hospital
long after they should have been discharged, for lack of appropriate after-care or alternative
and secure settings. It takes note of the explanation given by the delegation that efforts to
reintegrate persons declared fit faced a number of obstacles, including social stigma, but
points out that this can never be held as a reason for not initiating alternative care facilities
after hospitalization (art. 16).
The State party should:
(a)
Improve the living conditions of patients in psychiatric institutions;
(b)
Ensure that no psychiatric confinement takes place unless strictly
required, that all persons without full legal capacity are placed under guardianship
that genuinely represents them and defends their interests, and that an effective
judicial review of the lawfulness of the admission and detention of all persons in
health institutions takes place in each case;
(c)
Ensure that all places where mental-health patients are held for
involuntary treatment are visited by independent monitoring bodies to guarantee the
proper implementation of the safeguards set out to secure their rights;
(d)
Develop alternative forms of treatment, especially community-based
treatment, in particular with a view to receiving persons discharged from hospitals.
Monitoring and inspection of places of deprivation of liberty
(18) The Committee takes note of the information provided by the State party that the
Auditor General and a number of independent bodies conduct regular inspections of
penitentiary institutions. However, and notwithstanding the explanations given by the
delegation, the Committee remains concerned at the fact that a visit request made by the
non-governmental organization Amnesty International in March 2008 was refused by the
Ghanaian government due to “unsafe” circumstances (art. 2).
The Committee calls upon the State party to establish an effective independent
national system to monitor and inspect all places of deprivation of liberty and to
follow-up on the outcome of such systematic monitoring.
The State party should strengthen its cooperation with, and support to nongovernmental organizations that undertake monitoring activities.
The Committee recommends that the State party provide detailed information on the
place, time and periodicity of visits, including unannounced visits, to places of
deprivation of liberty, and on the findings of and action taken on the outcome of such
visits.
Prompt, thorough and impartial investigations
(19) The Committee is concerned about reports of impunity in cases of torture and illtreatment, including cases of police brutality and excessive use of force. While noting the
information provided by the State party on a few highly publicized cases, the Committee
remains concerned at the fact that law enforcement officials and military personnel
responsible for alleged acts of torture are seldom prosecuted. It is further concerned that the
State party was unable to provide information about some of the specific incidents to which
the Committee drew attention, and at the lack of statistical data on allegations of torture and
ill-treatment and on the results of the investigations undertaken in respect of those
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GE.11-45568
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