Ghana - Amnesty International

GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10123but not by political officials.Ensure that decisions on whether to extradite persons suspected of crimes under international lawand on whether to provide mutual legal assistance are made in accordance with neutral criteria andexclude all inappropriate criteria, such as double criminality requirements and ne bis in idemprohibitions for crimes under international law. Expressly provide that political offence exceptions toextradition and the provision of mutual legal assistance do not include exceptions for crimes underinternational law.Amend the Extradition Act to ensure that the final decision whether to extradite or to provide mutuallegal assistance is taken by an independent prosecutor or investigating judge, subject to judicialreview, and not by a political official.6. IMPROVING COOPERATION WITH INVESTIGATIONS AND PROSECUTIONS IN OTHER STATESEnsure that foreign requests from foreign states for mutual legal assistance, including commissionsrogatoires (commissions rogatory), in investigating and prosecuting crimes under international law donot face unnecessary obstacles or delays, provided that the procedures are fully consistent withinternational law and standards concerning the right to a fair trial and that cooperation is notprovided when there is a risk that it could lead to an unfair trial or the imposition of the deathpenalty, torture or other cruel, inhuman or degrading treatment or punishment.Ensure that all foreign judgments awarding civil reparations, whether in civil or criminal proceedings,regardless of the basis of geographic jurisdiction, can be recognized and enforced in a simple,speedy and fair procedure, unless the defendant in the foreign proceeding can demonstrate that theproceeding violated international law and standards for a fair trial.Ensure that other requests for mutual legal assistance by foreign states can be transmitted to Ghanapolice or prosecutors, without going through cumbersome diplomatic channels, but ensure that suchrequests are not complied with when there is a risk that it could lead to the imposition of the deathpenalty, torture or other cruel, inhuman or degrading treatment or punishment or unfair trial.Enhance and improve procedures in the forum state for conducting investigations abroad, includingthrough the use of joint international investigation teams, with all the necessary areas of expertise,and seek to enter into effective extradition and mutual legal assistance agreements with all otherstates, subject to appropriate safeguards.Eliminate in law and practice any unnecessary procedural obstacles for foreign states seeking togather information in territory subject to Ghana’s jurisdiction concerning crimes under internationallaw.Eliminate in law and practice any unnecessary procedural obstacles that would delay or prevent theintroduction of admissible evidence from abroad. Exclude any evidence that cannot be demonstratedas having been obtained without the use of torture or other cruel, inhuman or degrading treatment.Appoint a contact point responsible for crimes under international law who will be responsible forparticipating in the meetings of the Interpol Expert Meetings on Genocide, War Crimes and Crimesagainst Humanity and other international and bilateral meetings. Cooperate with Interpol in themaintenance of the database on crimes under international law.Index: AFR 28/004/2012 Amnesty International November 2012