A United Nations expert has welcomed moves by the Government to combat torture but asked for the speedy implementation of the recommendations to decongest the prisons and end the violation of the rights of inmates.
“I welcome the steps taken by the Government of Ghana in its fight against torture and other forms of ill-treatment in the country, but much remains to be done,” Mr Juan Mendez told journalists at the end of a four-day follow-up visit to Ghana.
The recommendations followed a 2013 Mission, which raised serious concerns about overcrowding in prisons and rights violations.
Mr Mendez said the right to counsel needed to be made truly effective in all criminal cases, suggesting that the Government must consider either expanding the legal aid system and effectively implement it; or outrightly establish a Public Defenders Office.
The special rapporteur noted that there were no significant improvements in some detention centres as overcrowding still remain severe.
Mr Mendez is the independent expert tasked by the UN Human Rights Council with monitoring and reporting on the use of torture and other cruel, inhuman, or degrading treatment or punishment around the world.
He assessed critical issues in the criminal justice systems, including conditions of detention, mental healthcare practices, particularly treatment and living conditions of persons held in psychiatric hospitals, and prayer camps.
“I am concerned that instances of torture and ill-treatment continue to occur with some frequency during the apprehension, arrest, and interrogation stages by police and intelligence services,” he said.
“I received troubling reports of forced confessions, despite the existence of legal guarantees intended to protect persons upon arrest and in police custody.”
He expressed concern over absence of lack diligence by oversight bodies to deal with the issue with effectively.
“Of particular concern is the lacking sense of due diligence and urgency by oversight mechanisms such as the Commission on Human Rights and Administrative Justice- as well as courts and prosecutors - to tackle this issue with prompt, impartial, and effective investigations into all allegations of mistreatment,” Mr Mendez said.
He called for proper complaint mechanisms and public awareness campaigns, arguing, “Without this, no real change is possible.”
The situation is amplified by inadequate nutrition, shortage of water, poor sanitation and health care, and lack of medicines, he said, despite positive steps taken by the government to accelerate the management of cases.
However, he said, “I am encouraged by the projects and measures being implemented by the government.
He observed that the Justice for All Programme, with its travelling court, had been able to partially clear-up the backlog of remand cases in various regions.
“I welcome the establishment of a high court on the premises of Nsawam Medium Security Prison as a pilot project that aims to speed up appeals, thereby reducing the number of detainees.”
He lauded the new guidelines on sentencing, saying, though it was not binding on judges, if implemented across all regions, it would contribute to a more consistent approach to sentencing and more reasonable use of discretion by judges.
“The introduction of statutory provisions for non-custodial measures would also assist in reducing overcrowding in prisons and facilitate the reintegration into society,” Mr Mendez stated.
“I call upon Ghana to swiftly ratify the optional protocol to the Convention Against Torture to ensure regular monitoring of places of detention, which is essential to guaranteeing the rights of inmates.”
Copyright © 1994 - 2024 GhanaWeb. All rights reserved.
