Poku's arrest was human rights abuse - CHRI

Accra, Jan. 17, GNA - The Commonwealth Human Rights Initiative (CHRI) on Thursday said the house arrest of former National Security Minister, Mr Francis Poku was unconstitutional and constituted a human rights abuse.

Quoting extensively from the Constitution, the Human Rights Committee and Human Rights Conventions, Nana Oye Lithur of the CHRI in statement called on President John Agyekum Kufuor to order investigation into the case.


On the morning on 16th January 16, 2008, media reports said that security personnel, including military and police officers had entered the official residence of Mr Poku, who had been relieved of his post by the President on January 12, 2008.


Nana Oye Lithur in the statement said: "contrary to a statement issued by the Minster of Information, Mrs Oboshie Sai Cofie, and according to the news reports and our primary intelligence source, at about 8.30 am, armed security personnel entered the residence of Mr Francis Poku and told him that he and the occupants of his residence were under house arrest, and that no member of his house would be allowed to leave the premises, and neither would they be allowed to receive any visitors."


It was reported that the security officers could not tell Mr Poku why he was being placed under house arrest.


The statement said; "We are however concerned, that orders were given by a government official or security officer, for armed police and military officers to invade the premises of the former Minister for Security in clear violation of his human rights and without regard for the rule of law".

"The pertinent question is what crime was committed to permit such conduct on the part of Government?"


The statement said the laws of this land were clear on house arrests and the 1992 Constitution stipulated how it should be enforced It said that reconciling Mr. Poku's house arrest to the Constitutional provisions indicated that his right to personal liberty was violated.


The statement said from the set of circumstances, the house arrest was unlawful as it failed to conform to the prerequisite legal procedures during arrest.


"The law lays out correct procedures for arrest that were clearly not followed.. the law is clear under Article 9(1) of the International Covenant on Civil and Political Rights that no one should be subjected to arbitrary arrest and yet this is exactly what Mr. Poku witnessed admittedly in disregard of his constitutionally guaranteed human rights."


It said the arrest had certain implication on the credibility of the Police. "As enforcers of the law, the Ghana Police Service must be seen as the trusted embodiment of the law acting rigorously to defend the rule of law."

The statement said the disobedience of procedural law by the Police constituted unlawful arrest of Mr. Poku and his household and abuse of their powers of arrest.


CHRI thus condemned the conduct of the officer who ordered the arrest of Mr. Poku as it was blot on Ghana's strong democratic tradition that such an incident could be taken "in this modern day."


The statement said, "If someone as important as Francis Poku could not be assured of his human rights being protected, what guarantee of protection was it that was available to the vulnerable members of the community, especially the poor and powerless".


The statement also called for compensation to be given Mr Poku for the illegality perpetuated on him under Article 14 (5) of the Constitution where one is unlawfully deprived of his liberty. It said if such compensation was paid to Mr. Poku it would be a signal to Ghanaians of the state's commitment to the fundamental guarantees set out under Chapter 5 of the 1992 Constitution", the statement said