Ghana - Amnesty International

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68GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10plaintiffs restitution as an equitable remedy under common law, but no court appears to haveaddressed this question.5.4. THE RIGHTS OF VICTIMS DURING CIVIL PROCEEDINGSIn general, a number of rights are recognized for victims who are plaintiffs or complainants in civilproceedings. These include the right to participate through the issue and service of legal process,including pleadings, the right to file pre-trial motions, the right to testify at trial, the right tocounsel, the right to notice of any orders relevant to the proceedings, and the right to notice ofhearing of appeal. The rights of victims in criminal proceedings are discussed in Section 2 (seeSection 2.5 above).5.4.1. NOTICE OF THE RIGHTS OF VICTIMSThe right of victims to notice about their rights regarding the investigation, litigation and appeal,which is essential if victims are to be able to exercise their other rights, is not guaranteed in law andpractice.5.4.2. PROTECTIONWith regard to the protection of victims and witnesses in civil proceedings, there is no legislationthat expressly provides victims acting as complainants or plaintiffs with protection against possibleattempts against their lives or those of their relatives. However, it may be possible that suchprotection could be provided on a case-by-case basis (see Section 2.5.6.2 above).5.4.3. SUPPORTThe right of victims to receive psychological and other support, particularly to people who are oftenmarginalized, such as women, members of minority groups and children, is not guaranteed by law.In practice, a limited number of programs administered by the state may provide psychological andother support to victims. 1985.4.4. NOTICE OF DEVELOPMENTSBy law, victims who are plaintiffs or complainants in civil proceedings are entitled to notice about alldevelopments in the proceedings, 199 but it is not clear to what extent this right is guaranteed inpractice.198The Ghana Police Service Domestic Violence and Victim Support Unit offers a clinical psychologist and socialwelfare officer to work with women and children. In addition, the Ministry of Women and Children’s Affairs helpscoordinate the provision of social services for women and children victims. Interview with Assistant Commissionerof Police and Director of Operations, Ghana Police Service Criminal Investigation Department, in Accra, Ghana(28 June 2012). See also Interview with Chief State Attorney, Ministry of Justice Office of InternationalCooperation, in Accra, Ghana (27 June 2012).199For example, the rules of the High Court provide that notice must be given to parties in proceedings, or totheir legal representatives, for discovery purposes and to indicate the initiation or amendment of motions andclaims, the setting of an action down for trial, the filing of an affidavit, the making of admissions, the appearanceof the defendant, the changing of a lawyer or the intention of a party to act in person, and the making of anapplication for judicial review. See High Court Rules, Orders 9, 16, 19, 23, 29, 34, 35, 55, 75. Notice may alsobe given, by parties or by the court, to non-parties affected by the litigation. See Order 15.Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10695.4.5. PARTICIPATIONThe right of victims to participate in pre-trial, trial and appellate proceedings is guaranteed. By law,victims who are plaintiffs or complainants are entitled to participate in civil proceedings by pleading,filing motions, and testifying. 2005.4.6. REPRESENTATIONVictims who are plaintiffs or complainants in civil proceedings have a right to legal representation. 201The Ghana Legal Aid Scheme provides legal representation to indigent clients throughout thecountry, which may be granted to victims acting as complainants or plaintiffs in civil proceedings. 2025.5. OTHER ASPECTS OF CIVIL CLAIMS PROCEDURESStatutes of Limitations on Civil Claims (see Section 6.3 below).Immunities (See Section 6.5 below).200See High Court Rules, Orders 11, 19. Order 4 (1) states:“Subject to these Rules, any person may begin and carry on proceedings in person or by a lawyer”.201See High Court Rules, Orders 4 (1), 72. The Constitution also provides that parties to court proceedingsrelated to the Constitution are entitled to aid in legal representation. See 1992 Constitution, Ch. XXVI, art. 294.202The Courts Act gives courts in Ghana the authority to designate legal aid in civil proceedings. Courts Act, sect.114 (1). Section 2 (2) of the 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 referenceto 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.”Index: AFR 28/004/2012 Amnesty International November 2012
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