remand prisoners: justice delayed justice denied

By Helena selby

Imagine being condemned to jail without trial just because you were pointed out at an Identification parade by a so- called complainant. Imagine committing a misdemeanor and a policeman comes to crab you to jail cells and just forget about you leading to you taken to prison without trail. Imagine committing a bail-able offense which a prosecutor refuses to take you to court for bail to be tried to know your fate but condemned to jail. Imagine the years of your life to be wasted with not unjust reason, the trauma and emotional pain you through, the disappointment you feel in life and in man, the limited desire you have to live and how to start life all over again when fate think positively of you. Imagine waking up every morning in the mist of your fellow inmate but yet feel lonely. Human right seems to be losing its significant in this aspect of people in this case. The of plight remand prisoners increases everyday, people who need to help them get out of the situation sometimes ignore there job as an agent of help to them.

Remand prisoners in Ghana

Injustice of remand prisoners is one of the prevailing blows to the democracy of Ghana but yet it is an issue which is barely raised by government. Claiming to be running a democratic nation, defenseless people who find themselves in the grip of the law turn to have their rights being trampled upon. Many people are unlawfully imprisoned, forgetting that they as well have a life to live and be of benefit to the labour force and economy of the country. This trend of injustice of remand prisoners’ worsen each passing day, no wonder the august 2009 report of the Commissioner for the Commission for Human Rights and Administrative Justice (CHRAJ), for instance, indicates that there are 1,554 remand prisoners at Nsawam Medium Security Prisons alone. This figure constitutes 57% of about 3,000 inmates in the prison built for 717 inmates. Besides, the 1,554 remand prisoners have been in the prison for a period between 3 to 20 years.

Remand prisoners and Politicians

It is obvious that majority of the leaders in the country do not really care about the issue of remand prisoners. Politician which the people often depend on are only after the power and but not conceiving the idea to help the vulnerable people of the society no wonder the way forward of injustice of remand prisoners is never rarely mentioned in their manifestos. All that they ever stress on is gaining economical power for the people which at end are not even able to fulfill. When in power the only thing they deem will be of good name to name is visiting the various prisons with assorted gift which will not able to take care of 20 inmate and after that giving them false hope by putting down some paper work as an intention of rescuing these remand prisoners but the time never comes for it to be implemented.

One should never think for ones that it is impossible to be in the position of a remand prisoner as most of them are victims of circumstance, false witnessing and wrong parade identification. Injustice of remand prisoner is a threat to the society, it is with this cause provisions has been made in the constitution to help helpless victims of the law. The Supreme Law of the Land of Freedom and Justice, 1992 Constitution, at its article 14 guarantee the personal liberties of everyone in the society. Articles 14(2) to (7) are to the effect that the rights of remand prisoners are persistently certificated and established. The has as well made provision that for the above articles to be implemented, article 12(1) has been instituted to mandate the Executive, Legislative and Judiciary and all other organs of government and its agencies of the country.

Remand prisoners’ police

The police have always been considered as civilian friendly and that they are meant to protect the right of the people. This obligation of the police rarely exhibited by them, instead of protecting vulnerable civilians who get themselves in the grip of the law they rather put scare in these civilians. According to report the police do not advise the accused of his rights or the reasons for his arrest in most cases. In many cases, the accused is a mere suspect and there is no clear evidence against him proving his guilt. A person can be accused through hearsay or finger pointing. The “mob” mentality is very present in Ghana. In some cases, someone paid the police to arrest the accused who may well be innocent.

The police investigator will get the statement from the accused and will not necessarily read it back to him before asking him to sign it. This means that the accused is unaware of what the police investigator wrote as his statement and is unaware of what he has signed on to. Sometimes it is read back to him. In some cases, the accused will not read it before signing it. Others read it and either refuse to sign it or sign it against their will.

The report further indicates that it is rare to have a third party present when the accused is giving his statement to the police investigator. In general, the accused is not taken to court for a long period of time after his arrest. Some detainees have reported remaining in a police cell for months before going to court. All of the detainees claimed their innocence and refused to confess except for one accused who confessed to the crime. Police are quick to presume the accused as being guilty rather than to presume his innocence until proved guilty. When beating the accused, the police officers consistently threaten to beat the accused to death or until he confesses.

Conclusion

It was very thoughtful the Ministry of Justice and Attorney General in September,

2007 launched the “Justice for All Programme” to help the congestion and injustice

against remand prisoners in Ghana. This project is meant to undelayed justice for remand

prisoners who have been detained in prison custody without trial. It however, sad to note

that even though this has been instituted government has not made the necessary

provision for its implementation nation wide. From the look of things government is not

really prepared to undertake this project as majority of it resources is channeled to

other project rather than the eradication of injustice against the remand prisoners.

Government and the police force ought to empathise with people who find themselves in

this situation and let justice prevail. Ghana is a country that many nations look up to, so

the government should make sure the motto “ freedom and justice” prevail in all walks of

the nations life.