Ghana - Amnesty International

GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10105between provisions of the Mutual Legal Assistance Act and the requirements of these ratifiedtreaties (see Section 2.2). As discussed below, regional organizations to which Ghana belongs alsohave agreements providing for mutual legal assistance, including the Economic Community of WestAfrican States Convention on Mutual Assistance in Criminal Matters (ECOWAS Mutual AssistanceConvention), 357 which Ghana has signed, and the Scheme Relating to Mutual Assistance in CriminalMatters in the Commonwealth (Harare Scheme). 358 Provisions of these instruments are notenforceable in Ghana unless they are directly incorporated into national legislation. 359 However, as asignatory to the ECOWAS Mutual Assistance Convention, Ghana has agreed to act in good faith notto defeat the object and purpose of the treaty 360 , and, as a member of the Commonwealth, Ghana isis eligible for legislative drafting assistance by the Commonwealth, which is developing a model lawto implement the Harare Scheme, to adopt legislation giving effect to the non-binding HarareScheme. 361 Some provisions in these agreements contain inappropriate bars to mutual legalassistance, including: political offence exceptions to mutual assistance, ne bis in idem prohibitionsand double criminality requirements.7.2.1 UNAVAILABLE OR INADEQUATE PROCEDURESAs discussed below, Ghanaian law provides for a number of mutual legal assistance procedures,either with regard to requests by Ghana for assistance or with regard to requests by foreign states toGhana for assistance.7.2.1.1. Conducting investigationsGhanaian authorities may request that foreign authorities assist in criminal investigations or seekevidence in their states (for example, through letters rogatory (commissions rogatoires) for seriouscrimes. The law also permits Ghanaian authorities to seek evidence and conduct criminal357Economic Community of West African States Convention on Mutual Assistance in Criminal Matters (ECOWASMutual Assistance Convention), Annex: Document 5, Cooperating for Peace in West Africa: an Agenda for the21 st Century, Anatole Ayissi (ed.), Geneva: United Nations Institute for Disarmament Research, 2001, pp. 55 –74.358Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth (Harare Scheme),October 2005 (http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/2C167ECF-0FDE-481B-B552-E9BA23857CE3_HARARESCHEMERELATINGTOMUTUALASSISTANCE2005.pdf).359See 1991 Constitution, Ch. V, sect. 40 (4).360As of 1 September 2012, all attempts by Amnesty International to determine whether Ghana had ratified thistreaty in requests for information from ECOWAS, the depository of the treaty, and the Ghanaian Ministry ofForeign Affairs, were unsuccessful. Although for the purposes of determining state responsibility it matterswhether Ghana has ratified this treaty or not, it does not matter for purposes of this paper since regardless of theratification status it has not been implemented in national law and, therefore, cannot be enforced by Ghanaiancourts.361The Harare Scheme is a non-binding agreement on principles between Commonwealth nations. See KimberlyProst, ‘Cooperation in Penal Matters in the Commonwealth’, International Criminal Law, Volume II: Multilateraland Bilateral Enforcement Mechanisms 423 – 435 (2008).Index: AFR 28/004/2012 Amnesty International November 2012