Former Member of Parliament for Tamale Central Hon. Inusah Fuseini, a staunch advocate for the protection of civil liberties, has spoken out against the unlawful detention of protesters, calling it a “travesty of justice” in a democratic country like Ghana.
Mr. Fuseini, who is also a member of the Lawyers for Protest Defense, expressed his disapproval of the treatment meted out to protesters who were merely exercising their constitutional right to demonstrate against illegal mining, popularly known as galamsey. His critique challenges the state’s tendency to detain individuals who have not committed any criminal acts beyond the act of protest, which is protected under the law. Mr. Fuseini’s position is grounded in the view that remanding peaceful protesters into prison or police custody is unlawful.
“It’s a travesty of justice, and it’s totally unacceptable in a democratic country like ours. Yes, they could be on bail to come after the charges, but to remand people to prison or police custody just because they were exercising their fundamental rights to protest [ is simply wrong].”
Inusah Fuseini Former Member of Parliament for Tamale Central
This showed Mr. Fuseini’s strong belief that the democratic principles of Ghana, which guarantee the right to peaceful assembly, are being undermined when the state resorts to detaining protesters without proper justification. He emphasized that while protesters can face charges for any illegal activities, they should not be deprived of their liberty simply for participating in lawful demonstrations.
The Issue of Collective Responsibility
Mr. Fuseini also addressed the tendency of authorities to apply collective responsibility in protest situations, where individuals are detained based on the actions of a few. He criticized this approach as being fundamentally unjust. In his view, it is wrong to arrest an entire group of demonstrators simply because of the misconduct of a few individuals.
“… In this country, we frown upon vicarious responsibility for criminal offenses. The fact that you do not approve of the behavior of [Oliver-Barker the Convener] or that person who was hitting the police does not mean that their behavior should be a license for the arrest of all other people who were lawfully demonstrating.”
Inusah Fuseini Former Member of Parliament for Tamale Central
Mr. Fuseini’s statement highlighted a critical issue in the policing of protests—guilt by association. He pointed out that in democratic societies, individuals are held accountable for their actions, and it is unjust to punish a larger group for the actions of a few. This form of collective punishment, he argues, is a violation of the principles of justice and fairness. As a member of the Lawyers for Protest Defense, Mr. Fuseini is committed to defending the rights of citizens who choose to express their grievances through protests. He emphasized that the role of legal advocates in such situations is crucial to ensuring that the state does not overstep its boundaries and infringe on the rights of individuals. He stated:
“I’m a member of the Lawyers for Protest Defense. We don’t think it is right to remand people into prison or police custody when they were just exercising their constitutional right to demonstrate.”
Inusah Fuseini Former Member of Parliament for Tamale Central
Mr. Fuseini’s remarks highlighted the need for legal professionals to stand up for the rights of protesters, especially in cases where state authorities misuse their powers. He emphasized that the mere act of protesting should not result in detention or imprisonment, as this would discourage the public from exercising their democratic rights.
The Role of Law Enforcement
While Mr. Fuseini acknowledged that certain actions during protests, such as assaulting a police officer, are criminal offenses, he maintained that these offenses should be dealt with on an individual basis. He recognized that assaulting a police officer is a serious crime but insisted that this should not be used as a pretext to detain all protesters.
“Indeed, even if Oliver-Barker or others demobilized a police vehicle or another person was hitting a policeman, that’s an assault. Assault of a police officer in the performance of his duties is a crime. [However, it is not admissible to hold the entire group responsible].”
Inusah Fuseini Former Member of Parliament for Tamale Central
This nuanced perspective reflected Mr. Fuseini’s understanding of the law and the importance of applying justice fairly. He argued that law enforcement should focus on individuals who commit specific crimes, rather than criminalizing an entire protest movement. This distinction between lawful protest and criminal behavior is critical in upholding the rights of citizens in a democratic society. Mr. Fuseini’s critique of the unlawful detention of protesters is a powerful defense of democratic rights in Ghana. His called for the state to respect the constitutional right to protest resonated with the broader need for legal reforms and more accountable law enforcement practices. Mr. Fuseini’s advocacy for the rights of protesters, coupled with his critique of collective responsibility, highlighted the ongoing struggle for justice and fairness in the context of public demonstrations. He called on the government and law enforcement agencies to uphold the law by ensuring that protesters are not unjustly detained or punished for exercising their constitutional rights. As Ghana continues to develop its democratic institutions, Mr. Fuseini’s insights serve as a reminder of the importance of protecting civil liberties and ensuring that justice is applied fairly.
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