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12GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10governmental organizations may provide psychological and other support to victims.2.5.6.4. NoticeThe right of victims to notice about all developments in the investigation, prosecution and appeal isnot guaranteed by law. 45 However, in practice victims may gain access to information on cases,including information about proceedings and a copy of the decision, by making a request throughthe registrar of Court 46 or by liaising with the office taking up the prosecution, either the AttorneyGeneral’s Office or the police. 472.5.6.5. ParticipationThe right of victims to participate in pre-trial, trial and appellate proceedings is not expresslyguaranteed by law. In practice, victims regularly attend trial proceedings as complainants orwitnesses.2.5.6.6. RepresentationThe Constitution provides that parties to court proceedings are entitled to aid in legal representationand the Courts Act gives courts in Ghana the authority to designate legal aid in such proceedings. 48The Ghana legal aid scheme, which provides legal representation to indigent clients throughout thecountry, may cover victims participating in criminal proceedings. 4945Section 70 of the Courts Act states:“(1) A person is not entitled to inspect or to have a copy of the record of evidence given in a case before aCourt or to a copy of the Court’s notes, except as may be expressly provided by the Constitution, a rule ofcourt or any other enactment.(2) Where a person affected by a judgment or a court order desires to have a copy of the judgment, order,deposition or any other part of the record, that person shall, on application for the copy, be furnished with itif the cost is paid for, except where the Court for a special reason thinks fit to furnish it free of charge”.46See Commonwealth Human Rights Initiative and ActionAid International, Audit of Key Legislation in Ghanafor Information Access Opportunities: Report of the Findings, 2009, pp. 8 - 9.47Interview with Chief State Attorney, Ministry of Justice Office of International Cooperation, in Accra, Ghana(27 June 2012); Interview with Senior Lecturer in Human Rights and International Development, University ofGhana-Legon Faculty of Law, in Legon, Ghana (13 February 2012).48See 1992 Constitution, Ch. XXVI, art. 294; Courts Act, sect. 114 (1).49Section 2 (2) of the Legal Aid Scheme Act, 1997 (Act 542) (Legal Aid Act) states:“A person is entitled to legal aid(a) if that person earns the Government minimum wage or less and desires representation in(i) a criminal matter; or(ii) a civil matter relating to landlord and tenant, insurance, inheritance with particular referenceAmnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10132.6. OTHER INSTITUTIONS THAT HAVE A ROLE IN MONITORING THE JUDICIAL SYSTEM ORIN PROPOSING REFORM OF LAW AND PRACTICEThere are a number of institutions that have had a role in recent years in monitoring the judicialsystem or in proposing reform of law and practice, including the National ReconciliationCommission, the Constitutional Review Commission, the Commission on Human Rights andAdministrative Justice, the Council of State, the Ghana Legal Aid Board and Legal Aid scheme andthe Law Reform Commission. However, some of these bodies no longer exist and many of therecommendations of these bodies – which are not binding upon the government - have not beenimplemented. Most of the bodies that still do exist, however, could review the recommendations inthis paper and, taking into account those recommendations, urge the government to reform law andpractice to enable Ghana to fulfil its responsibilities under international law to investigate andprosecute crimes under international law, including through the use of universal jurisdiction.National Reconciliation Commission. The National Reconciliation Commission, which operatedfrom 2002 to 2004, sought to establish an accurate and complete historical record of violationsand abuses of human rights perpetuated by public institutions and public officers during episodesof unconstitutional government in Ghana. 50 In 2005, the government endorsed the Commission’srecommendations and it subsequently distributed 13.5 billion Ghana cedis in reparation tovictims. 51 However, at the date of this paper, many of the recommendations have yet to beimplemented. Despite attempts to locate the final report of the National Reconciliation Commission,which was drafted to be a public document, it has not been possible to obtain a full copy of theNational Reconciliation Commission report and recommendations. 52Constitution Review Commission. A 2010 Constitution Review Commission presented its final reportto the President with two draft bills for constitutional reform in December 2011. 53 In 2012, thegovernment issued a white paper adopting several of the Commission’s recommendations, includingthe recommendation formally to abolish the death penalty. 54 The government noted theto the Intestate Succession Act, 1985, maintenance of children and any other civil matters asprescribed by Parliament; or(b) if in the opinion of the Board that person requires legal aid.”50The Commission’s mandate covered human rights violations and abuses committed from 24 February 1966 to21 August 1969, 13 January 1973 to 23 September 1979, 31 December 1981 to 6 January 1993. TheNational Reconciliation Commission Act, 2002 (Act 611), sect. 3 (a).51See AfriMAP and OSIWA, Ghana: Justice Sector and the Rule of Law 51 (2007).52The full report was formerly available online at http://www.ghana.gov.gh/NRC/index.php, but it is no longerpossible to obtain the full report from this site.53Republic of Ghana Constitution Review Commission, Report of the Constitution Review Commission: From aPolitical to a Developmental Constitution, 20 December 2011(http://www.crc.gov.gh/?q=news/2012/07/30/report-constitution-review-commission).54Republic of Ghana, White Paper on the Report of the Constitution Review Commission of Inquiry, WPNo.1/2012 (http://www.crc.gov.gh/?q=news/2012/07/30/government-white-paper-report-crc) (CRC NationalIndex: AFR 28/004/2012 Amnesty International November 2012
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