Ghana - Amnesty International

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102 GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10the grounds that he or she might face the death penalty. Ghana is abolitionist in practice, but it hasnot yet abolished this penalty (see discussion above in Section 2.1). 339The ECOWAS Extradition Convention only prohibits extradition on death penalty grounds if therequested state’s law does not provide for the death penalty as punishment for the offence. 340 Thenon-binding London Scheme permits refusal of extradition on the same grounds. 341 However, neitherprovision is enforceable in Ghana without being incorporated into national legislation.The death penalty is the ultimate denial of human rights. It is the premeditated and cold-bloodedkilling of a human being by the state. This cruel, inhuman and degrading punishment is done in thename of justice. It violates the right to life as proclaimed in the Universal Declaration of HumanRights. Amnesty International opposes the death penalty in all cases without exception regardless ofthe nature of the crime, the characteristics of the offender, or the method used by the state to killthe prisoner.7.1.2.4. Other human rights safeguardsThe Extradition Act does not contain any other human rights safeguards.The non-binding London Scheme prohibits extradition to Commonwealth countries if a competentauthority determines that the request for surrender, although purportedly made for an extraditionoffence, was in fact made to prosecute or punish the requested person on account of race, religion,sex, nationality, or political opinion. 342Similarly, the ECOWAS Extradition Convention, which Ghana has signed, does not permit extraditionif the request for extradition, though superficially made for an ordinary criminal offence, has in factbeen made for the purpose of prosecuting or punishing the person sought on account of race, tribe,religion, nationality, political opinion, sex or status. 343 This provision, which concerns extraditionamong West African states, is not enforceable in Ghana without implementing legislation.7.1.2.5. Humanitarian concernsThere is no express provision in Ghanaian law barring extradition because of humanitarian concerns,whether such a decision would be made by a court or a political official.The non-binding London Scheme does not contain this provision with respect to Commonwealthcountries. However, the ECOWAS Extradition Convention, which Ghana has signed, permits states torefuse extradition to other West African states when it would be “incompatible with humanitarian339Amnesty International, Abolitionist and Retentionist Countries (http://www.amnesty.org/en/deathpenalty/abolitionist-and-retentionist-countries).340ECOWAS Extradition Convention, art. 17.341See London Scheme, para. 15 (2).342See London Scheme, para. 13 (a) (i).343ECOWAS Extradition Convention, art. 4 (3).Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10103considerations in view of age or health.” 344 This provision is not enforceable under the laws of Ghanabecause it has not been incorporated into national legislation.Prohibiting extradition on the basis of humanitarian concerns in certain circumstances can beappropriate. However, it should be noted that this safeguard could be abused, as it was in thePinochet case, particularly if a political official has discretion to deny extradition on this ground.7.1.2.6. SpecialityThe Extradition Act generally limits the scope of crimes for which Ghana may exercise jurisdiction tothose listed in its extradition request. An exception can be made, however, if the surrenderingcountry authorizes Ghana courts to exercise jurisdiction for additional offences or if the personsought “having had an opportunity to leave the Republic has not done so within thirty days of finaldischarge in respect of the offence for which that person was surrendered or has returned to theRepublic after leaving it.” 345 Likewise in cases of passive extradition, Section 3 of the ExtraditionAct generally limits the scope of the crimes for which a foreign country may exercise jurisdiction tothose listed in its extradition request unless the Ghanaian government authorizes the foreign countryto exercise jurisdiction for another offence not listed in the extradition request or if the personsought “having had an opportunity to leave the territory of the [foreign] country, has not done sowithin thirty days of final discharge in respect of the offence for which that person was surrenderedor has returned to the territory of that [foreign] country after leaving it.” 346The ECOWAS Extradition Convention has speciality guidelines both for active and passiveextradition, 347 and the non-binding London Scheme also has a specialty rule. 348 Neither instrument,however, is binding in Ghana.7.2. MUTUAL LEGAL ASSISTANCEThe Mutual Legal Assistance Act, 2010 provides for the granting of mutual legal assistance incriminal matters between Ghana and the following foreign states and entities: member states of theCommonwealth, member states of the Economic Community of West African States, member statesof the African Union, state parties to the United Nations Convention against Corruption, state partiesto the African Union Convention on Preventing and Combating Corruption, as well as internationalassistance to the International Criminal Court. 349 According to information provided by a number of344ECOWAS Extradition Convention, art. 6.345See Extradition Act, sect. 15.346Extradition Act, sect. 2 (3) (a); See Government of Sierra Leone v. Jumu, GLR 1058, 1061 (1968). In caseswhere the foreign state alters the description of the offence during the course of proceedings, extradition can onlybe granted where the offence under its new description would still be extraditable to that state under theExtradition Act. Extradition Act, sect. 2 (3) (b).347See ECOWAS Extradition Convention, art. 20.348 See London Scheme, para. 20.349Mutual Legal Assistance Act, 2010 (Act 807) (Mutual Legal Assistance Act), sect. 2 & Schedule 1. Thecentral authority of a foreign state may also seek mutual legal assistance from Ghana on behalf of an accusedIndex: AFR 28/004/2012 Amnesty International November 2012
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CONTENTS1. INTRODUCTION ...........
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7.2.1.5. Recognition and enforcemen
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Ghana - Amnesty International

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