Ghana - Amnesty International

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2GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10enforced prostitution). However, apart from the crimes of genocide and slavery and apart from warcrimes that are grave and non-grave breaches of the Geneva Conventions and their Protocols, Ghanaeither has not defined these crimes consistently with the strictest requirements of international lawor it has not categorized them as war crimes in line with their treatment under international law.Moreover, it has not provided universal jurisdiction over these crimes, except in the narrowcircumstance where a foreigner who is a public officer commits these crimes abroad. Furthermore, ithas not defined other crimes under international law – including torture (against adult victims),extrajudicial executions, enforced disappearances, and aggression – as crimes under national law.Ghanaian legislation defines as offences some specific crimes that could amount to crimes againsthumanity, such as murder, rape and enslavement, but it does not indicate that these crimesconstitute crimes against humanity if committed as part of a widespread or systematic attack againstcivilians. Except for the crime of enslavement, Ghana has not provided for the exercise of universaljurisdiction over these crimes (see Section 4.3.2 below).It is not clear whether national courts in Ghana could exercise universal jurisdiction over somecrimes under national law of international concern (for example, hostage taking) and over crimesunder international law (including torture) found in treaties signed by Ghana, but for which Ghanaianlaw does not yet expressly authorize universal jurisdiction. Although a Courts Act catchall provisionseems to make this possible, there is no known practice indicating that courts would exercisejurisdiction based on this catchall provision alone (see Section 4.2).Safe haven consequences regarding prosecution. In addition to the failure to define certain crimesunder international law as crimes under national law and the failure to provide for universaljurisdiction over many crimes under international law, as explained below in Section 6, there arenumerous other obstacles to prosecution in universal jurisdiction cases, including: improperly broaddefences, recognition of immunities and amnesties, and political control over decisions toinvestigate and prosecute. 2Therefore, Ghana is currently a safe haven from prosecution in its courts for foreigners who areresponsible for war crimes (except breaches of the Geneva Conventions and their Protocols), crimesagainst humanity, torture (of adults), extrajudicial executions and enforced disappearancescommitted abroad. In addition, Ghana is currently a safe haven for prosecution in its courts wherethe obstacles to prosecution noted above are present.Safe haven consequences regarding extradition. As explained in Section 7, Ghana is also a safehaven from extradition for war crimes, crimes against humanity, genocide, torture, extrajudicialexecutions, enforced disappearances, and aggression because Ghanaian legislation has not expresslyprovided that these crimes are extraditable. Although persons suspected of these crimes underinternational law could be extradited for ordinary crimes that are components of international crimes(such as murder, rape and abduction), there are a number of obstacles to extradition (see Section7.1 below). Moreover, there are a number of obstacles to Ghana seeking extradition from foreignstates of persons suspected of crimes under international law.2Other obstacles to prosecution, not specifically related to prosecutions based on universal jurisdiction, such ascontinuing conflict, violence or insecurity and general economic, social and cultural barriers to access to justicein the state exercising universal jurisdiction, are not addressed in this paper.Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 103Universal civil jurisdiction. As explained below in Section 5, no statute expressly authorizes Ghanato exercise universal civil jurisdiction over torts related to crimes under international law. It ispossible that victims can file civil claims in criminal proceedings based on universal jurisdictionarising out of the crimes in those proceedings, but not in stand-alone civil proceedings (see Section5 below).Special immigration, police and prosecution units. As explained below in Section 8, Ghana has noimmigration unit or consular service specially mandated to screen persons suspected of crimesunder international law and to refer them to police or prosecuting authorities for investigation andpossible prosecution.Although Ghana has special police units to investigate particular crimes under national law, such ashuman trafficking and cross-border financial crime, and crimes of domestic and gender-basedviolence, Ghana has no special police units to investigate crimes under international law.Ghana does not have a prosecution unit specially mandated to investigate and prosecute crimesunder international law.Jurisprudence. There are no known cases involving universal jurisdiction (see Section 9).Recommendations. This paper, which is Number 10 of a series of 193 papers on each UN memberstate updating Amnesty International’s 722-page study of state practice concerning universaljurisdiction at the international and national level in 125 countries published in 2001, makesextensive recommendations for reform of law and practice so that Ghana can fulfil its obligationsunder international law to investigate and prosecute crimes under international law, to extraditepersons suspected of such crimes to another state able and willing to do so in a fair trial without thedeath penalty or a risk of torture or other cruel, inhuman or degrading treatment or punishment or tosurrender them to the International Criminal Court. 33Amnesty International, Universal jurisdiction: The duty of states to enact and enforce legislation, Index: IOR53/002 - 018/2001, September 2001 (http://www.amnesty.org/en/library); Universal jurisdiction: A preliminarysurvey of legislation around the world - 2012 update, Index: IOR 53/019/2001, October 2011(http://www.amnesty.org/en/library/info/IOR53/004/2011/en). Including this paper, ten of the papers in the serieshave been published so far (Bulgaria, Burkina Faso, Germany, Ghana, Sierra Leone, Solomon Islands, Spain,Switzerland, Vanuatu and Venezuela) (see Appendix I for list and links).Index: AFR 28/004/2012 Amnesty International November 2012
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WHEtHER IN A HIgH-PRoFILECoNFLICt o
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