Evidence Decree (NRCD 323), which regulates the taking of evidence in legal proceedings, and which renders inadmissible as
evidence statements made in the absence of “an independent witness approved by the person other a police officer or a member of
the Armed Forces”. However, the Committee is concerned that the regulation does not refer explicitly to torture. It is also concerned
at the lack of information on decisions taken by the Ghanaian courts to refuse confessions obtained under torture as evidence (art.
15).
The State party should ensure that legislation concerning evidence to be adduced in judicial proceedings is brought in
line with the provisions of article 15 of the Convention , so as to explicitly exclude any evidence obtained as a result of
torture.
The Committee requests the State party to submit information on the application of the 1975 Evidence Decree, and on
whether any officials have been prosecuted and punished for extracting a confession under torture .
National human rights institution
14.While noting that during the universal periodic review of Ghana in 2008 the State party accepted to further strengthen the
capacities of the Commission on Human Rights and Administrative Justice (CHRAJ) by increasing its funding and resources, the
Committee is concerned that, according to the information provided by the delegation of the State party, which included a CHRAJ
representative, the Commission does not receive adequate funding for its programmed activities.
The State party should strengthen the independence of the Commission, including by providing it with an adequate
operating budget and intensifying its efforts to ensure that it is in full compliance with the P rinciples relating to the
status of national institutions for the promotion and protection of human rights (Paris Principle s ).
Torture and cruel, inhuman or degrading treatment of detainees (arts. 2, 4, 11 and 15)
15.The Committee is gravely concerned at the State party’s statement that the likelihood that torture occurs in detention centres is
high. The Committee has raised questions as to what will be done to stop this practice, including holding prison staff accountable and
providing redress for those tortured. The Committee is concerned at the existence of legislation that allows caning or flogging, but
takes note of the low frequency of such incidences.
The Committee urges the State party to take immediate and effective measures to investigate, prosecute and punish all
acts of torture , and to ensure that torture is not used by law enforcement personnel, including by unambiguously
reaffirming the absolute prohibition of torture and publicly condemning practices of torture, especially by the police and
prison officers, and issuing a clear warning that anyone committing such acts or otherwise complicit or participating in
torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and
appropriate penalties.
Conditions of detention
16.The Committee takes note of the information provided by the State party on steps taken to deal with the problems of
overcrowding and prolonged pretrial detention, notably by the construction of a new penitentiary at Ankaful, and the introduction of
the Justice for All programme in 2007. The Committee is nevertheless concerned at the high levels of occupancy recorded in most
detention centres, which are described in the State party’s report as “in very deplorable state” and “not suitable for habitation”. It
further notes with particular concern persistent reports of the lack of staff, poor health and hygiene conditions, inadequate health-care
services, shortage of bedding and food. In this regard, the Committee notes that inmates are fed by the State only once a day
because the stipend for their upkeep is below US$1.The Committee also expresses concern at reports about the limited number of
remand homes for juvenile offenders, and the poor conditions in such institutions. The Committee takes positive note of the marked
decrease in the number of deaths in prison (from 118 in 2008 to 55 in 2010), but regrets the lack of information on the causes of
these deaths. It also regrets the lack of information on the conditions of detention for migrants with irregular administrative status (art.
11).
The State party should:
(a) Ensure that conditions of detention in the country’s prisons are compatible with the Standard Minimum Rules for the
Treatment of Prisoners;
(b) Increase its efforts to remedy prison overcrowding, in particular by instituting alternatives to custodial sentences;
(c) Continue to put into effect plans to improve and expand the prison infrastructure and the remand centres , including
those for juvenile offenders ;
(d) Take steps to increase the number of prison officials;
(e) Examine the adequacy of health-care resources available in penitentiary institutions , and ensure that the medical
assistance given to detainees is of high quality ;
( f ) Review all legal provisions which authorize the practice of caning or flogging with a view to abolishing them as a
matter of priority.
The State party should include in its next periodic report statistical data regarding reported deaths in custody ,
disaggregated by location of detention, sex, age, ethnicity of the deceased and cause of death .