Ghana - Amnesty International

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10GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10Prosecuting authorities. Article 88 of the Constitution provides for the joint office of the AttorneyGeneral and Minister of Justice (a single official), a cabinet level political official who serves as theprincipal legal adviser and chief legal representative for the Government of Ghana. 34 The LegalServices Act establishes a unit of public lawyers within the Attorney General’s Office. 35 In practice, aDirector of Public Prosecutions directs criminal cases and the Solicitor General handles civil casesin the country. 36 Ultimately, however, the Attorney General is responsible for the institution andconduct of all criminal and civil cases in Ghana. 37State attorneys, including officers from the Economic and Organized Crime Office, are notindependent and try criminal matters under the ultimate supervision of the Attorney General andMinister of Justice. 38 As of the date of this paper, there are no special prosecution, investigation, orjoint police-prosecution units to investigate or prosecute crimes under international law (see Section8 below).2.5. ROLE OF VICTIMS AND ORGANIZATIONS ACTING IN THE PUBLIC INTEREST INCRIMINAL PROCEEDINGSIn addition to government prosecutors, legal practitioners acting on behalf of victims or the publicinterest can initiate criminal prosecutions, though this provision is limited to minor criminal offencesnot covered in this paper. Police and prosecutors have experts on crimes of sexual violence in thedomestic setting, but they do not have experts on crimes against members of marginalized groups,such as minorities and children as victims, witnesses or suspects.2.5.1. CIVIL CLAIMS IN CRIMINAL PROCEEDINGSThe right to reparation and to civil claims in criminal, as well as in civil, proceedings is discussed inSection 5 below.2.5.2. CRIMINAL PROCEEDINGS INITIATED BY VICTIMS OR IN THEIR BEHALFAs discussed below, the Attorney General may give legal persons acting on behalf of victims or thepublic interest the power to conduct criminal prosecutions for minor offences.2.5.2.1. Criminal proceedings initiated by victimsVictims or their families cannot initiate criminal proceedings alone.2.5.2.2. Criminal proceedings initiated on behalf of the victims or the public interest341992 Constitution, Ch. VIII, art. 88.35Legal Service Act, 1993 (P.N.D.C.L. 320), sects. 1 - 2.36AfriMAP and OSIWA, Ghana: Justice Sector and the Rule of Law 77 (2007).371992 Constitution, Ch. VIII, art. 88 (3) - (6).38The Economic and Organised Crime Office may, under the authority of the Attorney General and Minister ofJustice, prosecute economic and organized crimes, including money laundering and trafficking. Economic andOrganised Crime Office Act, 2010 (Act 804), sect. 3.Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1011Legal practitioners representing victims, their families, or the public interest can conduct criminalproceedings if the Attorney General gives permission by written, executive instrument. 39 They may doso only for offences not conducted under indictment, which excludes serious crimes relevant to thispaper. 40 Public prosecutors cannot intervene in these private prosecutions. 412.5.6. RIGHTS OF VICTIMS IN CRIMINAL PROCEEDINGSAs discussed below, essential rights of victims in criminal proceedings are not expressly guaranteedby law, including notice about their rights, the right to protection at all stages of the proceedings,and the right to participate in proceedings. However, some victims’ rights may be respected inpractice.2.5.6.1. Notice of the rights of victimsThe right of victims to notice about their rights regarding the investigation, prosecution and appeal isnot guaranteed in law and practice.2.5.6.2. ProtectionThe right of victims to protection at all stages of the investigation, prosecution and appeal and, ifnecessary, afterwards is not guaranteed by law. However, such protection may be provided to victimson a case-by-case basis. 42 Efforts have been made in the past to protect witnesses during highprofile cases, for example, through the concealing of identities. 432.5.6.3. SupportThe right to provision of psychological and other support for victims, particularly to people who areoften marginalized, such as women, members of minority groups and children, is not guaranteed bylaw. In practice, a limited number of programs administered by the state 44 and administered by non-39See Criminal and Other Offences (Procedure) Act, 1960 (Act 30) (Criminal Procedure Code), sect. 56(1).40See Criminal Procedure Code, sect. 58.41See Criminal Procedure Code (Amendment) Act, 2002 (Act 633), sect. 4.42Interview with Assistant Commissioner of Police and Director of Operations, Ghana Police Service CriminalInvestigation Department, in Accra, Ghana (28 June 2012).43See AfriMAP and OSIWA, Ghana: Justice Sector and the Rule of Law 107 (2007) (discussing the case of AttaAyai, a notorious armed robber, and generally referring to cases of tip offs involving police, gang members, andother individuals who might seek retribution).44For example, the Ghana Police Service Domestic Violence and Victim Support Unit offers a clinicalpsychologist and social welfare officer to work with women and children. In addition, the Ministry of Women andChildren’s Affairs helps coordinate the provision of social services for women and children victims. Interview withAssistant Commissioner of Police and Director of Operations, Ghana Police Service Criminal InvestigationDepartment, in Accra, Ghana (28 June 2012); Interview with Chief State Attorney, Ministry of Justice Office ofInternational Cooperation, in Accra, Ghana (27 June 2012). See also 2008 UPR National Report, para. 22.Index: AFR 28/004/2012 Amnesty International November 2012
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WHEtHER IN A HIgH-PRoFILECoNFLICt o
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