Ghana - Amnesty International

14GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10Commission’s recommendation that the President retain the authority to decouple the office of theAttorney General and Minister of Justice, but it stated that a constitutional amendment was notrequired to implement this recommendation. 55 Abolition of the death penalty and the guarantee ofan independent Attorney General’s office are necessary for ensuring a rights-respecting andindependent system of justice that could fairly adjudicate crimes under international law in Ghana(see Recommendations section below). As of the date of this paper, the recommendations have notbeen implemented.Commission on Human Rights and Administrative Justice (CHRAJ). The 1993 Commission onHuman Rights and Administrative Justice has a mandate to promote, protect and enforcefundamental human rights and freedoms and seek administrative justice and fairness for all personsin Ghana. The Commission conducts research, provides public education, and investigatescomplaints concerning violations of the fundamental human rights enshrined in Chapter Five of theConstitution. The Commission also investigates complaints of corrupt acts, abuses of power, andunfair treatment committed by public officers in the exercise of their duties. 56The Commission does not have the power to investigate a matter pending before a court or judicialtribunal, a matter involving the relations or dealings between the Government of Ghana and anyother government or international organization, or a matter relating to the exercise of the prerogativeof mercy. 57 The Commission does not have the authority to investigate crimes, which it must refer tothe police and public prosecutors to carry forward. 58Council of State. The Council of State provides advice to the President 59 and, on its own initiative,makes recommendations to the President or to any Minister concerning public matters under theirauthority. 60 It does not appear to have made any relevant recommendations.The Law Reform Commission. To promote law reform in Ghana, the Law Reform Commissionreceives and considers proposals for reforms of law made by other organizations, conductsWhite Paper), p. 44.55CRC National White Paper, p. 15.56Commission on Human Rights and Administrative Justice Act, 1993 (Act 456) (CHRAJ Act), sect. 7. See also1992 Constitution, Ch. XVIII, art. 218. The CHRAJ Act also repealed the Ombudsman Act, 1980, andempowered the Commission to investigate any complaint pending before the Ombudsman. CHRAJ Act, sect. 28.57CHRAJ Act, sect. 8(2). See also 1992 Constitution, Ch. XVIII, art. 219 (2).58AfriMAP and OSIWA, Ghana: Justice Sector and the Rule of Law 78 (2007).59The Council consists of one person who has previously held the office of Chief Justice, one person who haspreviously held the office of Chief of Defence Staff and of the Armed Forces of Ghana, one person who haspreviously held the office of the Inspector-General or Police, the President of the National House of Chiefs, oneelected representative of each region of Ghana, and eleven other members appointed by Parliament. 1992Constitution, Ch. IX, arts. 89, 92.601992 Constitution, Ch. IX, art. 91. The Council may appoint committees and outside experts and consultantsto assist in the exercise of its mandate. 1992 Constitution, Ch. IX, art. 92 (8) - (9).Amnesty International November 2012 Index: AFR 28/004/2012