The Commonwealth Human Rights Initiative (CHRI) Africa Office has raised concerns over the conduct of the Ghana Police Service (GPS) during the recent arrest of 44 members of the civil society group, Democracy Hub. The arrests occurred during a peaceful protest near the 37 Military Hospital in Accra, which began on Saturday, September 21, 2024. The protest was part of a three-day demonstration against the negative effects of illegal mining (galamsey) in the country.
While CHRI acknowledged reports of isolated violent incidents on the first day of the protest, including the removal of police barricades and clashes between protesters and police, it emphasized that the subsequent days of the demonstration remained peaceful. CHRI stressed the importance of maintaining civility during protests, noting that while some participants acted unruly, the majority exercised their right to assembly lawfully.
CHRI strongly condemned the Ghana Police Service’s handling of the protesters, especially the arrests that took place on the second day. According to CHRI, the detained individuals were denied access to legal representation, as mandated by law. Additionally, some were reportedly held beyond the constitutional 48-hour limit without being presented in court, rendering their detention unlawful. CHRI also criticized reports of bystanders being arrested and the difficulty families and lawyers faced in locating detainees, including a pregnant woman allegedly still in custody as of September 25.
The organization noted that while the police have the authority to arrest individuals who break the law, their actions must align with legal standards. CHRI emphasized that the personal liberty of individuals is enshrined in Article 14(1) of Ghana’s 1992 Constitution, and any detention must follow due legal process. The CHRI further called out the GPS for violating other constitutional provisions, such as Articles 14(2), 14(3), 15(2), and 19(2), as well as international guidelines like the Luanda Guidelines on the Conditions of Arrest, Police Custody, and Pre-Trial Detention in Africa.
CHRI expressed disappointment in the excessive force used by the police, including the deployment of a large number of officers to control a small protest group and the show of force at the courts when protesters were brought before the law. The human rights body urged the Office of the Attorney-General and Ministry of Justice (OAGMOJ) to expedite the court proceedings of the arrested individuals, mindful of their right to fair and speedy trials.
As a signatory to international human rights protocols, including the Universal Declaration on Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), Ghana has an obligation to protect the rights of all its citizens, CHRI reminded the government.
To address these issues, CHRI made several recommendations:
- The Commission on Human Rights and Administrative Justice (CHRAJ) should immediately investigate the alleged abuses.
- Police officers found guilty of rights violations should be sanctioned.
- The National Commission for Civic Education (NCCE) should be resourced to promote tolerance for divergent views.
- GPS officers should receive human rights training in crowd control.
- The government should establish an Independent Police Complaints Commission (IPCC) to investigate such cases and recommend corrective action.
CHRI called on the government and security agencies to operate within the framework of the law, ensuring that the fundamental rights of citizens are upheld.