Ghana - Amnesty International

GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1095other West African countries; 302 these measures are not enforceable without implementinglegislation.7.1.1.3. Double criminality and territorial jurisdictionAlthough the Extradition Act does not contain an express provision requiring double criminality forthe granting of extradition requests, a double criminality requirement is implicit in the Act since itonly includes offences already listed in the Ghana Criminal Code as extradition offences. 303Moreover, Ghana courts recognize a common law condition of double criminality in extraditioncases. 304 Thus it is possible that Ghana may refuse to extradite a suspect for trial or to serve asentence if the act or omission constituting the offence for which extradition is requested would notalso constitute a crime under the laws of Ghana.In addition, the non-binding London Scheme provides that an extradition offence within theCommonwealth is an offence punishable by at least two years’ imprisonment in both the requestingand requested state. 305 Similarly, the ECOWAS Extradition Convention, which Ghana has signed,provides that extradition to and from other West African states will not be granted for offencespunishable by less than two years’ imprisonment both in the requesting and requested state. 306However, neither provision is enforceable under the laws of Ghana without being implementinglegislation.The Extradition Act does not make clear whether Ghana must also have extraterritorial jurisdictionover the act or omission if the requesting state is seeking to exercise extraterritorial jurisdiction. 307 In302According to this provision, nationality is to be determined at the time of the extradition request. SeeECOWAS Extradition Convention, art. 10.303See Extradition Act, Schedule 1.304See Republic v. Director of Prisons (Ex Parte Allotey and Another), 2 GLR 480, 486 (1973), affirmed byRepublic v. Director of Prisons (Ex Parte Allotey and Another, No. 2), 2 GLR 385, 387-88 (1974); Interview withSupreme Court Justice, in Accra, Ghana (27 June 2012); Interview with Chief State Attorney, Ministry of JusticeOffice of International Cooperation, in Accra, Ghana (27 June 2012).305London Scheme, para. 2 (2).306In the case where an extradition request is based on multiple offences, some of which are punished by adeprivation of liberty not reaching two years, the sending state may still grant extradition for the extraditableoffence that has a punishment reaching two years. ECOWAS Extradition Convention, art. 3.307The ECOWAS Extradition Convention provides that a requested state may refuse to extradite a person for anoffence that occurred in its territory. It also provides that a requested state may only refuse extradition onextraterritorial jurisdiction grounds if the offence for which extradition is sought occurs outside the requestedstates’ territory and its law also does not allow prosecution for the same category of offence when committedoutside its territory or does not allow for extradition of the offence. ECOWAS Extradition Convention, art. 11.The London Scheme provides that an otherwise extraditable offence remains so notwithstanding its commissionoutside the territory of the requesting state where extradition for such offences is permitted under the law of therequested state. London Scheme, para. 2(4). The London Scheme also permits a competent authority to refuseextradition if the offence for which extradition is requested has been committed outside the territory of either theIndex: AFR 28/004/2012 Amnesty International November 2012