Ghana - Amnesty International

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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
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 101214. REFORM OF PROCEDURE RELATED TO VICTIMSExpressly provide that victims and their families are able to institute criminal proceedings based onuniversal jurisdiction over crimes under international law through a private prosecution, actionscivile, actio popularis or similar procedures.Ensure that victims and their families are able to file civil claims for all five forms of reparation(restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition) in civil andin criminal proceedings based on universal jurisdiction over crimes under international law.Ensure that victims and their families are fully informed of their rights and of developments in alljudicial proceedings based on universal jurisdiction concerning crimes under international law.Ensure that victims and their families receive support and protection at all stages of the criminaland civil proceedings involving crimes under international law.5. REMOVAL OF LEGAL, PRACTICAL AND POLITICAL OBSTACLESA. ELIMINATION OF LEGAL OBSTACLESProvide that any claimed state or official immunities will not be recognized with regard to crimesunder international law or to torts arising from such crimes or to other human rights violations.Provide that statutes of limitation do not apply to crimes under international law or to torts arisingfrom such crimes or to other human rights violations no matter when they were committed. Abolishany statutes of limitations that apply to such crimes or torts no matter when they were committed.Provide that the principle of ne bis in idem does not apply to proceedings in a foreign stateconcerning crimes under international law so that Ghana courts can exercise jurisdiction whenforeign proceedings were shams that shielded the suspect from justice or were unfair.Ensure that courts can exercise jurisdiction over all conduct that was recognized under internationallaw as a crime at the time that it occurred even if it occurred before it was defined as a crime undernational law.Provide that amnesties and similar measures of impunity granted by a foreign state with regard tocrimes under international law have no legal effect with respect to criminal or civil proceedings.Set aside transitional amnesty provisions of the Constitution, which contribute to prevailing impunityfor crimes under international law committed in Ghana.B. ELIMINATING PRACTICAL OBSTACLES1. Improvements in identifying suspects seeking to enter the countryEstablish a special immigration unit for screening foreigners seeking to enter Ghana, includingimmigrants, visa applicants and asylum seekers, to determine whether they are suspected of crimesunder international law and to inform police and prosecuting authorities that such persons aresuspected of crimes under international law.Index: AFR 28/004/2012 Amnesty International November 2012
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Ghana - Amnesty International

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