Resetting Ghana, PACE 3

As regular readers are aware, the focus of these pages, since the swearing-in of the President, has been on how to reset the criminal justice system within the general rhetoric of the government’s ‘resetting’ of Ghana as a whole.

As a result, I have been following with interest the vetting of nominees for ministerial positions in criminal justice-related ministries. One such vetting session which gave me hope, was the nominee for the Minister for the Interior, Muntaka Mohammed-Mubarak.

I was pleasantly surprised by his ambitious plans for transparency and accountability in the operation of the Ghana Police Service. My sense of happiness was engendered by the fact that most of what the minister designate said resonated with the focus of this column with regard to police reform.

Muntaka vowed to tackle police misconduct by introducing the widespread use of body cameras to curb harassment of motorists and improve professionalism within the Ghana Police Service.

Cameras worn on the body are devices which record audio, video or photos of police interactions with citizens in the course of doing their police work. They can capture video and audio evidence, which can be used in arrests and prosecutions. 

Need

As has been previously advocated here, the need to record both audio and video of police duties, especially those relating to arrests, detention and prosecution is non-negotiable if we are to tout our criminal justice system as world-class.

Lack of audio/video evidence at trial has long been the bane of the criminal defence barrister in Ghana.

This is because the absence of such vital evidence, which frequently emerges in trials when accused persons challenge the lawfulness of arrests, police questioning and ‘confessions’ during investigations, often leads to miscarriages of justice.

According to the minister in waiting, 800 body cameras have already been procured, with arrangements in place to augment them by 30,800.

When all these body cameras become operational, it will go a long way to address the legitimate concerns about extortion and brutality perpetrated by some errant policemen.

Zeal

While the zeal of the incoming Interior Minister is commendable, the advent and usage of body cameras will not totally eradicate instances of police brutality and impunity.

As argued in part one of these pro-PACE articles, what is really needed is the installation at police stations of video and audio equipment to record what takes place when arrested persons are taken there. 

We, therefore, implore the minister designate to take his laudable ambition of bringing transparency and accountability to policing in Ghana to another level by the deployment of recording ‒ video and audio ‒ of police interrogations.

This way, the video and audio tapes will become reference points for the courts when accused persons allege any police impropriety in the investigation and prosecution of offences. 

Independent

We have long advocated the need for an independent police regulation agency. Mr Muntaka hinted at the establishment of an Independent Police Standards Bureau to handle police complaints.

He said that the nation “needs to move beyond self-investigation and adopt a model that inspires trust and confidence in the system”.

This bold initiative would greatly transform how complaints against the police are investigated and resolved.

There is a widespread perception, in my view sometimes justified, that the system where the police do their own investigations, is always a ‘whitewash’. 

So, the setting up of this Independent Police Standards Bureau would be a step in the right direction.

It is hoped that an injection of independence in the investigation of police conduct would in turn restore confidence in the citizenry that excesses of policing will be punished. 

Another area that needs addressing with regard to police work, is the management and treatment of detained persons.

It is suggested that we bring in the position of Custody Officer in our police stations.

Custody Officers are law enforcement professionals who are responsible for the safekeeping and welfare of individuals who are arrested and detained in custody, ensuring that their rights are protected and basic needs met.

There is also the need to have custody time limits to govern the duration of detentions. A ‘custody time limit’ refers to the maximum period of time a person can be held in pre-trial custody before trial.

These and many other reforms are needed to align policing in Ghana to the ‘resetting’ agenda.

If what the minister designate for the Interior Ministry is saying is anything to go by, then we are in business. 

The writer is a lawyer.
E-mail: georgebshaw1@gmail.com