Review criminal justice on torture - UN Rapporteur
Mr Juan Mendez, United Nations (UN) Special Rapporteur on Torture has called for urgent reforms in Ghana’s criminal justice and mental health practices in respect of torture and other degrading treatments.
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He said the lack of remission of sentence regarding lengthy sentences further contributes to the situation of overcrowding in the prisons.
Mr Mendez was speaking at a press briefing in Accra on his recent assessment with a team of UN Commissioners of Human Rights on torture and other cruel, inhuman or degrading treatment or punishment in Ghana.
Mr Mendez, who led the four member delegation, visited various prisons in the Greater Accra, Ashanti, Central and Western regions to have first hand information regarding overcrowding, human rights violations, poor quality of food, poor hygiene, lack of adequate sleeping accommodation, insufficient ventilation as well as limited access to medical treatment.
The Special Rapporteur stated that the Ghana Prison Service official capacity to actual population in the whole country is overcrowded by 140 per cent, that is 9, 875 capacity to 14,101 inmates.
He said though the government has conveyed its commitment to applying a human rights approach to the criminal justice system by instituting the “Justice for all programme” to hear remand cases in the prison, however this project does not go far enough.
He called for the expansion of the scope of the project to also review the lengthy sentences imposed for possibilities of appeal and other review.
Mr Mendez also noted that prisoners sentenced to lengthy terms do not have the opportunities for pardon or amnesty, in contrast to those condemned to life or capital punishment.
He said the lack of reduction of sentence regarding long sentences also contributes to the situation of congestion in the prisons.
He noted that prison conditions were particularly poor for inmates on remand or those on death row.
The Special Rapporteur further urged the government to consider the issue of family visits of children under 18years since this could go a long way to help the mental state of inmates’ especially female prisoners with small children.
He said though the team expressed satisfaction that they did receive any complaint of maltreatment by the prison staff, they were however concerned about the practices observed of violence by prisoners against prisoners, particularly in Kumasi and Sekondi, where cellblock leaders are officially appointed by the prison authorities.
He said these leaders exercise high degree of authority within the prison population, adding that, the UN team documented one case of severe injury caused by beating with canes.
Mr Mendez also welcomed the idea that the new Ankaful Maximum Security prison, which was opened in 2012, is in line with international standards and can help address the issue of overcrowding in other prisons since the prison is less than 20 per cent capacity.
He urged the government to ratify and implement the Optional Protocol to the Convention Against Torture (OPCAT) as a matter of national urgency, adding that, this would allow a national system of regular prison monitoring by independent experts.
The Special Rapporteur also expressed concern about the application of electro-shock therapy practiced at the Psychiatric hospital in Accra.
He explained that the therapy is administered without adequate anesthetics, not as a last resort, nor with free and informed consent.
Mr Mendez also expressed worry about the practice of chaining and the application of force fasting on persons suffering from mental illness or in some cases neurogical problems, including children prayer camps.
He said the state has an obligation to regulate, control, and supervise healthcare practices with a view to preventing maltreatment under any pretext and to address gaps in protection.