Ghana - Amnesty International

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62GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about itsphysical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.”Article 6 of the Rome Statute contains a virtually identical definition of this crime. In addition,Article III of the Genocide Convention requires states to make both genocide and four ancillary formsof genocide crimes under national law:“The following acts shall be punishable:(a) Genocide;(b) Conspiracy to commit genocide;(c) Direct and public incitement to commit genocide;(d) Attempt to commit genocide;(e) Complicity in genocide.”Most of these ancillary forms of genocide are also incorporated in Article 25 (Individualresponsibility) of the Rome Statute.Ghana has defined genocide as a crime in Section 49A of the Criminal Code, with a definition thatfollows almost exactly the same wording as in Article II of the Genocide Convention. 175 Unlike theGenocide Convention, however, the Criminal Code makes genocide punishable by death, 176 which iscontrary to international human rights norms and inconsistent with the repeated calls by the UNGeneral Assembly on states to establish a moratorium on executions with a view to abolishing the175Section 49A (2) of the Criminal Code states:A person commits genocide where, with intent to destroy, in whole or in part, any national, ethnical, racial,or religious group, that person(a) kills members of the group;(b) causes serious bodily or mental harm to members of the group;(c) deliberately inflicts on the group conditions of life calculated to bring its physical destruction;(d) imposes measures intended to prevent births within the group;(e) forcibly transfers children of the group to another group.176Criminal Code, sect. 49A (1).Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1063death penalty. 177 Ghana has not defined ancillary crimes of genocide listed in Article III of theGenocide Convention (conspiracy, direct and public incitement, attempt and complicity) as crimesunder national law. Ghana has provided its courts with universal jurisdiction over genocide. 1784.3.4. TORTUREGhana has been a party to the 1984 Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment (Convention against Torture) since 7 September 2000. 179 Thistreaty requires states parties to define acts of torture as a crime under national law (art. 4), toestablish jurisdiction over persons suspected of committing acts of torture (which necessarilyinclude rape and other crimes of sexual violence) who are present in their territories if they are notextradited (art. 5 (2)), to take measures to ensure presence for prosecution or extradition (art. 6 (1)and (2)) and to submit the cases to the competent authorities if they are not extradited (art. 7 (1)).While the Constitution of Ghana sets forth that no person shall be subjected to torture, 180 Ghana hasnot defined all torture as a crime. The Children’s Act defines torture of children under 18 as acrime. 181 However, the Criminal Code does not include torture among its listed crimes, althoughsome of the activities associated with torture, including assault, are defined as crimes in that law. 182Given the jurisdiction requirement in the Convention against Torture and the Courts Act catchallprovision, which provides for jurisdiction where required by treaties to which Ghana is a signatory,the courts of Ghana could possibly exercise universal jurisdiction over torture. However, there is noknown practice to indicate that the courts would exercise jurisdiction in this case. Further, it isproblematic for potential prosecutions that the torture of adults is not defined as an offence innational law, as is required by the Convention against Torture.4.3.5. EXTRAJUDICIAL EXECUTIONSExtrajudicial executions, which are “unlawful and deliberate killings, carried out by order of agovernment or with its complicity or acquiescence,” constitute “fundamental violations of humanrights and an affront to the conscience of humanity.” 183 The UN Principles on the Effective177U.N. G.A. Res. 62/149, 18 December 2007, U.N. G.A. Res. A/RES/63/168, 18 December 2008; U.N. G.A.Res. A/RES/65/206, 21 December 2010; a fourth resolution is expected to be adopted in December 2012.178Courts Act, sect. 56 (4) (e).179Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment(http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/a3bd1b89d20ea373c1257046004c1479/$FILE/G0542837.pdf), UN G.A. Res. 39/46, 10 December 1984.1801992 Constitution, Ch. V, sect. 15 (2) (a).181Children’s Act, sects. 1, 13 (1).182Criminal Code, sects. 84 - 87.183Amnesty International, “Disappearances” and Political Killings – Human Rights Crisis of the 1990s: AManual for Action, Index: ACT 33/01/94, February 1994(http://www.amnesty.org/en/library/info/ACT33/001/1994/en), p. 86; Amnesty International, 14-Point Program forthe Prevention of Extrajudicial Executions, Index: POL 35/002/1993, April 1993(http://amnesty.org/en/library/info/POL35/003/1993/en). For a discussion of universal jurisdiction overextrajudicial executions, see Amnesty International, Universal jurisdiction: The duty of states to enact andIndex: AFR 28/004/2012 Amnesty International November 2012
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CONTENTS1. INTRODUCTION ...........
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5.4.2. Protection..................
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7.2.1.5. Recognition and enforcemen
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WHEtHER IN A HIgH-PRoFILECoNFLICt o
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