Ghana - Amnesty International

120 GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10Define defences in accordance with the strictest standards of international law and, in particular,exclude as permissible defences of superior orders, duress and necessity, but permit them to betaken into account in mitigation of punishment.2. STRENGTHENING JURISDICTIONProvide that courts have universal criminal jurisdiction over all conduct amounting to crimes underinternational law, whether that conduct is currently labelled in Ghanaian law as an ordinary crime oras a crime under international law.Provide that Ghana has an aut dedere aut judicare obligation to extradite a person suspected ofcrimes under international law when that person is in territory subject to its jurisdiction or to submitallegations to the prosecution authorities for the purpose of prosecution.Where Ghana has not yet defined such conduct as a crime under national law, ensure that it canextradite a suspect to a country willing and able to prosecute in a prompt and fair trial without thedeath penalty or other human rights violations.Ensure that Ghana can open an investigation, issue an arrest warrant and seek extradition of anyonesuspected of a crime under international law even if that suspect has never entered territory subjectto Ghana’s jurisdiction.However, also ensure that the person suspected of such crimes is in the territory of Ghana subject toits jurisdiction a sufficient time before the start of a trial in order to prepare for trial, in line with therespect of rights of suspects and accused under international law and standards to a fair trial.Ensure that legislation provides that the first state to exercise jurisdiction, whether universal,extraterritorial or territorial, to investigate or prosecute a person has priority over other states withregard to the crimes unless a second state can demonstrate that it is more able and willing to do soin a prompt and fair trial without the death penalty or other serious human rights violations.3. REFORM OF PROCEDURE RELATED TO SUSPECTS AND ACCUSEDEstablish rapid, effective and fair arrest procedures to ensure that anyone arrested on suspicion ofcommitting crimes under international law will appear for extradition, surrender to an internationalcriminal court or criminal proceedings in Ghana.Ensure that the rights of suspects and accused under international law and standards related to afair trial are fully respected.Ensure that national law provides for the exclusive jurisdiction of civilian courts over all crimes underinternational law, including crimes committed by members of the armed forces.Ensure that no one is subjected to torture or other cruel, inhuman or degrading treatment orpunishment.Ensure that the death penalty, which is neither imposed nor carried out, is abolished in law.Amnesty International November 2012 Index: AFR 28/004/2012