Saturday 28 July 2012

Day 19 - Commonwealth Human Rights Initiative


On Friday I visited the Accra office of the Commonwealth Human Rights Initiative.  This is an independent, international NGO which aims to “ensure the practical realisation of human rights in Commonwealth countries” by promoting awareness of and adherence to human rights principles.  Its work includes research, advocacy, networking, public education programmes, providing legal advice, and facilitating legal representation. 

The Accra office is currently focused on two main areas: Access to Justice and the Right to Information campaign.  This latter is a project aimed at shaping and securing the passage of a Right to Information Bill.  I looked at various booklets that CHRI had produced on the matter and was interested to see the frequent use of comparisons from other Commonwealth countries, such as the Sri Lankan Freedom of Information Bill, the South African Open Democracy Campaign Group, and Parivartan, the Indian Express Right to Know Campaign.  It was another reminder of how useful the Commonwealth can be in providing examples and precedents for countries which share the common law system. 

The Access to Justice project is aimed at making people aware of their rights and in defending against infringement of those rights.  The principal focus is on prisoners: every week CHRI visits police stations in Accra and Kumasi to speak with prisoners in custody there and to assist those who may be being improperly treated.  Paralegals at CHRI will take a statement from an inmate who complains of abuse, question the police, and then make follow-up calls and visits to ensure that the situation is rectified.  Between March and June 2012, 233 detainees’ cases were received by CHRI.  The types of “irregularities” observed include beatings, unlawful arrest, the mixing of young prisoners with adults, and unlawfully withholding bail. 

I was shocked to discover the extent to which this last occurs.  Prisoners are not supposed to be detained for longer than 48 hours, but an intern at CHRI told me that of the prisoners to whom she spoke on a recent visit, the inmate who had been there the shortest period had been incarcerated for 6 months.  I was told of another case of someone who been in prison awaiting trial for 14 years. 

Unfortunately, CHRI does not have the funding to employ lawyers: the Access to Justice team is made up of paralegals and interns.  CHRI is only able to take on cases to court if a lawyer can be found who is willing to act on a pro bono basis – and not many are.

My visit to CHRI helped clarify something which had been puzzling me.  I think I have mentioned before on this blog that criminal cases make up a relatively small proportion of the overall caseload here, in contrast to the UK where it is a major part of the courts’ work.  It seems that – as with other areas of law - many matters are settled within communities or alternatively, the suspect will be released if he makes amends immediately.  Apparently, only the more serious offences such as murder, robbery, defilement, and rape, will go to court. 

I spent the afternoon at Sam Okudzeto & Associates, finishing off a research project and attending the office meeting.  As mentioned previously, at each meeting an update is given on all the cases that have been in court that week.  I was struck – once again – by the delay endemic to the Ghanaian legal system.  Fifteen cases were discussed.  Of these, all but four were adjourned.  In three, the judge was ill; in another three, the other side didn’t turn up; in yet another three, the other side’s lawyer didn’t turn up; in one, the witness didn’t attend; and in the last case, an administrative error meant that the application had to be withdrawn.  This is clearly very far from being a scientific survey, but nevertheless it is telling.  I have discussed elsewhere the positive aspects of a slightly more relaxed attitude to and in court, but these levels of absenteeism surely illustrate the disadvantages.

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