32 demonstrators sue AG, IGP over arrest, cites breach of human rights

Thirty two individuals who were arrested as part of a group demonstrating against illegal mining, popularly known as “galamsey” have sued the government on allegation of violating their fundamental human rights.

The motion on notice for the enforcement of human rights, filed at the Human Rights Division of the Accra High Court, is against the Attorney-General and Inspector General of Police (IGP).

Notable names among the 32 applicants are convenor of the demonstration, Oliver Barker Vormawor, and lawyer and social activist, Elorm Ama Governor Ababio, aka Ama Governor.

The application filed by Human Rights lawyer, activists and Member of Parliament for Madina, Francis Xavier-Sosu is expected to be heard by the court on 28th of this month.

Case of applicants

It is the case of the 32 applicants that the police used excessive force to disrupt their peaceful protests from September 21 to 23, this year.

“That while peacefully protesting, the police disrupted the peaceful process by resorting to the use of excessive force and intimidation tactics against the demonstrators by blocking roads, diverting traffic and deploying heavy fully armoured and armed police presence to intimidate the protestors,” the application stated.

The said actions by the police, the applicants averred, exposed them to danger and harm and also curtailed their fundamental human rights to demonstrate.

Again, it is the contention of the applicants that the police arbitrarily arrested them, denied them access to basic necessities such as food and water and also kept them in police custody for more than 48 hours, in violation of Article 14(3)(b) of the 1992 Constitution, which had been interpreted by the Supreme Court to include holidays and weekends.

“That the respondents failed to protect the fundamental human rights and freedoms of the applicants within the facts of this matter and actively violated these rights and freedoms with impunity,” the application added.

Reliefs

Among other reliefs, the applicants are seeking a declaration from the court that the police violated Article 21, which is the right to demonstrate, by disrupting the demonstration.

Again, they want the court to declare the action of the police to keep them in custody beyond 48 hours after their arrest, as a violation of Article 14 of the 1992 Constitution, the Universal Declaration of Human Rights, and further declare the denial of basic necessities while they were in prison as a violation of Article 15 of the 1992 Constitution, which is the right to dignity.

The applicants are also seeking an order directed at the respondents to compensate them for the “unlawful and unwarranted breach of their fundamental human rights”

Background

The demonstration by the group known as “Democracy Hub” was to highlight the menace of galamsey to the country’s water bodies, forests and environment.

It, however, took a different turn with reports of alleged sporadic violence and police brutality.

Already, Police Professional Standards Bureau (PPSB), formerly known as PIPS has been directed by the IGP to investigate the circumstances under which two suspects in the Democracy Hub street protest were kept in Police custody beyond 48 hours without being sent to court.
Fifty-three of the protestors arrested by the police are currently in remand after being denied bail by the Accra Circuit Court.

They have all pleaded not guilty to various counts of conspiracy to commit crime, unlawful assembly , causing unlawful damage, offensive conduct conducive to breach of peace, assault on public officer and defacement of public notice.

Writer’s email: emma.hawkson@graphic.com.gh