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Ghana - Amnesty International

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GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1025the Human Trafficking Act states that a person who commits an act that would constitute theoffence of trafficking in persons in <strong>Ghana</strong> – which, unlike the offence defined in the Courts Act,would cover trafficking of adult men – is liable to be tried and punished in <strong>Ghana</strong> for trafficking inpersons. 79 The Anti-Terrorism Act authorizes the exercise of jurisdiction over offences amounting toterrorism committed outside the country by several classes of people, including persons who are notcitizens but are ordinarily resident in <strong>Ghana</strong> and anyone found present in <strong>Ghana</strong> after thecommission of a terrorist act. 80 In addition, the Courts Act provides for universal jurisdiction over(d) falsification or counterfeiting or uttering of false copies or counterfeits of an official seal of theRepublic or any currency or instrument of credit, stamp, passport, or public document issued by theRepublic or under its authority;(e) genocide;(f) an offence against the property of the Republic;(g) an offence against the security, territorial integrity or political independence of the Republic;(h) hijacking;(i) unlawful traffic in narcotics;(j) attacks on an international communications system, canal or submarine cable;(k) unauthorised disclosure of an official secret of the Republic;(l) an offence by or against a person in the employment of the Republic or a statutory corporation whileacting in the course of the duties of the employment;(m) traffic in obscene publications;(n) any other offence which is authorised or required by a convention or treaty to which the Republic isa signatory to be prosecuted and punished in <strong>Ghana</strong> wherever the offence was committed.”79Human Trafficking Act, 2005 (Act 694) (Human Trafficking Act), sect. 8. The Act also provides for theextradition of non-citizens convicted of trafficking in persons under the Act. See sect. 35. Although the CourtsAct expressly grants universal jurisdiction for trafficking in women and children, it does not address trafficking ofadult men. See Courts Act, sect. 56 (4) (c).80Section 5 (1) of the Anti-Terrorism Act states:“The High Court has jurisdiction for an act which constitutes an offence committed outside this country ifthe act constitutes an offence in this country where –(a) the person committing the act is(i) a citizen of <strong>Ghana</strong> or(ii) not a citizen of <strong>Ghana</strong> but is ordinary resident in this country;(b) the act is committed to compel the Government to do or reform from doing an act;(c) the act is committed against a citizen of <strong>Ghana</strong>;(d) the act is committed against property outside the country that belongs to the Republic; or(e) the person who commits the act is after its commission, found present in <strong>Ghana</strong>.”.Index: AFR 28/004/2012 <strong>Amnesty</strong> <strong>International</strong> November 2012

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