Ghana - Amnesty International

GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1081In very limited circumstances, Ghana has a statutory limitation for civil cases involving personalinjury. 239 However, there is no express provision for statutes of limitation applicable to torts arisingfrom crimes under international law.6.4. DOUBLE CRIMINALITYGhanaian law does not expressly require that conduct which was committed abroad be a crime bothin Ghana and in the place where it was committed (double criminality) for prosecution in Ghana.However, the lack of a requirement of double criminality for the purposes of prosecution must bedistinguished from double criminality requirements in the granting of extradition requests (see belowin Section 7.1.1.3) and double criminality requirements for the purposes of mutual legal assistance(see below in Section 7.2.2.4).Whatever the merits may be for requiring double criminality with respect to conduct that onlyamounts to an ordinary crime, it has no merit when the conduct amounts to a crime underinternational law, even if the requesting state is seeking extradition to prosecute the person for anordinary crime when its legislation does not characterize the conduct as a crime under internationallaw. All states have a shared obligation to investigate and prosecute conduct that amounts to crimesunder international law, either by doing so in their own courts or by extraditing the suspect toanother state or surrendering that person to an international criminal court, and they cannot escapethis obligation by refusing to extradite on the basis of double criminality.6.5. IMMUNITIESGhana provides an absolute immunity for the President of the Republic while in office, which wouldlikely apply even if crimes under international law are at issue. 240 It also appears that Ghanarecognizes diplomatic immunities in statute. 241 It is not clear whether Ghana recognizes foreign239A statutory limitation applies for proceedings “by or against the Republic as if the Republic were a privateindividual” and “in respect of matters regulated by customary law.” See Limitation Decree, 1972 (NRCD 54),sect. 30.240The Constitution, Ch. VIII, art. 57 states:. . .“(4) Without prejudice to the provisions of article 2 of this Constitution, and subject to the operation of theprerogative writs, the President shall not, while in office, be liable for proceedings in any court for theperformance of his functions, or for any act done or omitted to be done, or purported to be done, orpurported to have been done or purporting to be done in performance of his functions, under thisConstitution or any other law.”(5) The President shall not, while in office as President, be personally liable to any civil or criminalproceedings in court.(6) Civil proceedings may be instituted against a person without three years after ceasing to be President, inrespect of anything done or omitted to be done by him in his personal capacity before or during his term ofoffice notwithstanding any period of limitation except where the proceedings had been legally barred beforehe assumed the office of President.”241See Diplomatic Immunities Act, 1962 (Act 148), incorporating Articles 22-24, 27-40 of the ViennaConvention on Diplomatic Relations into Ghanaian law. Article 31 grants complete immunity from criminalIndex: AFR 28/004/2012 Amnesty International November 2012