Hold rapists accountable
Gilbert Boyefio
12/12/2006
The Commonwealth Human Rights Initiative has expressed dismay at the decisions of certain judges to grant bail to rape and defilement suspects contrary to the Criminal Procedure Code.
The human rights organisation has therefore urged the Chief Justice to hold such judges accountable for such actions and also reprimand them in the appropriate manner in order to restore public confidence in the criminal justice system.
Speaking at a press conference in Accra yesterday, to mark International Human Rights Day 2006, Nana Oye Lithur, the Regional Coordinator for the CHRI-Africa Office, cited several cases where judges have granted bail and even in some instances without surety to suspects in rape and defilement cases.
One of such cases, happened when a judge granted ยข10 million bail without a surety to a suspected rapist only for him to abscond. She said reports suggest that an elaborate scheme between the accused person, the prosecutor and two uncles of the victim led to the suspect being granted bail.
Nana Oye Lithur said in addition to claims of corruption, it has been shown that some courts and the police do not proceed with investigations and trials for rape offences according to the law.
She said CHRI is concerned with the effect of such corruption and its effect on the credibility of the criminal justice system. "As at October 2006, 67.3 percent of cases reported to the Domestic Violence and Victim Support Unit were still under investigation. This acts as a serious deterrent for the reporting of sexual assault cases to the police", she added.
Apart from this, she added that the process of trial is slow and there are frequent adjournments and an inadequate number of magistrate courts at the district level to adjudicate in cases due to vacancies.
Nana Oye Lithur, observed that the court at Odumase Krobo for instance sits only once a week to hear all cases.
Out of the 19 district courts in the Eastern region for instance, seven are vacant; there are 13 vacant courts in the Ashanti region out of 23 courts. In the Upper West region, four of the six district courts are vacant; two out of the four district courts in the Upper East region are vacant, and ten out of the 19 courts in the Brong Ahafo region are vacant.
She said another essential piece of evidence in securing a conviction for rape and defilement is the medical report. However, in the current system, victim's families are required to pay for a doctor to sign a medical report. In addition to this the victim may be required to pay for the medical examination.
It is argued by the CHRI that such discrepancies in medical charges effectively serve to restrict access to justice for the poorest, most vulnerable members of society and victims of sexual abuse. The effect of this is that the fees charged by doctors for medical examinations and reports deprive the people who need it the most from receiving justice. "Without a medical report, the police cannot proceed to prosecute sex offenders in court", it added.
Other issues addressed at the press conference included the abuse of human rights at Shiare Community by the Ghana Armed Forces and other security operatives, and the disappearance or murder of Ghanaians in the Gambia.
On the Gambia issue, which occurred on July 23 2005, it is believed that 44 Ghanaians in transit from Senegal to Europe were apprehended in the waters off the coast of Gambia, by Gambian officials, were murdered.
CHRI condemns the extra-judicial killing of the 44 Ghanaians by the Gambian authorities and is happy, that the Ministry of Foreign Affairs is investigating this incident. It is however deeply concerned about the undue delay in the Ministry"s investigation report since the incident occurred more than a year ago.
CHRI recommends that Ghana take diplomatic note of the failure of the Gambian Government to prosecute the perpetrators and must do everything in its powers to ensure that justice is done.
The organisation requested for a statement from the Minister of Foreign Affairs, Nana Akuffo Addo, on actions that the Ghana Government intends to take to seek justice for the 44 men at the end of its investigations.
Nana Oye Lithur acknowledged that the most basic human right available is the right to life, that no person may be deprived of his life without the necessary justification.
12/12/2006
The Commonwealth Human Rights Initiative has expressed dismay at the decisions of certain judges to grant bail to rape and defilement suspects contrary to the Criminal Procedure Code.
The human rights organisation has therefore urged the Chief Justice to hold such judges accountable for such actions and also reprimand them in the appropriate manner in order to restore public confidence in the criminal justice system.
Speaking at a press conference in Accra yesterday, to mark International Human Rights Day 2006, Nana Oye Lithur, the Regional Coordinator for the CHRI-Africa Office, cited several cases where judges have granted bail and even in some instances without surety to suspects in rape and defilement cases.
One of such cases, happened when a judge granted ยข10 million bail without a surety to a suspected rapist only for him to abscond. She said reports suggest that an elaborate scheme between the accused person, the prosecutor and two uncles of the victim led to the suspect being granted bail.
Nana Oye Lithur said in addition to claims of corruption, it has been shown that some courts and the police do not proceed with investigations and trials for rape offences according to the law.
She said CHRI is concerned with the effect of such corruption and its effect on the credibility of the criminal justice system. "As at October 2006, 67.3 percent of cases reported to the Domestic Violence and Victim Support Unit were still under investigation. This acts as a serious deterrent for the reporting of sexual assault cases to the police", she added.
Apart from this, she added that the process of trial is slow and there are frequent adjournments and an inadequate number of magistrate courts at the district level to adjudicate in cases due to vacancies.
Nana Oye Lithur, observed that the court at Odumase Krobo for instance sits only once a week to hear all cases.
Out of the 19 district courts in the Eastern region for instance, seven are vacant; there are 13 vacant courts in the Ashanti region out of 23 courts. In the Upper West region, four of the six district courts are vacant; two out of the four district courts in the Upper East region are vacant, and ten out of the 19 courts in the Brong Ahafo region are vacant.
She said another essential piece of evidence in securing a conviction for rape and defilement is the medical report. However, in the current system, victim's families are required to pay for a doctor to sign a medical report. In addition to this the victim may be required to pay for the medical examination.
It is argued by the CHRI that such discrepancies in medical charges effectively serve to restrict access to justice for the poorest, most vulnerable members of society and victims of sexual abuse. The effect of this is that the fees charged by doctors for medical examinations and reports deprive the people who need it the most from receiving justice. "Without a medical report, the police cannot proceed to prosecute sex offenders in court", it added.
Other issues addressed at the press conference included the abuse of human rights at Shiare Community by the Ghana Armed Forces and other security operatives, and the disappearance or murder of Ghanaians in the Gambia.
On the Gambia issue, which occurred on July 23 2005, it is believed that 44 Ghanaians in transit from Senegal to Europe were apprehended in the waters off the coast of Gambia, by Gambian officials, were murdered.
CHRI condemns the extra-judicial killing of the 44 Ghanaians by the Gambian authorities and is happy, that the Ministry of Foreign Affairs is investigating this incident. It is however deeply concerned about the undue delay in the Ministry"s investigation report since the incident occurred more than a year ago.
CHRI recommends that Ghana take diplomatic note of the failure of the Gambian Government to prosecute the perpetrators and must do everything in its powers to ensure that justice is done.
The organisation requested for a statement from the Minister of Foreign Affairs, Nana Akuffo Addo, on actions that the Ghana Government intends to take to seek justice for the 44 men at the end of its investigations.
Nana Oye Lithur acknowledged that the most basic human right available is the right to life, that no person may be deprived of his life without the necessary justification.
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