A group of lawyers has petitioned the Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate the alleged violation of the fundamental rights and freedoms of protesters by the Ghana Police Service.
According to the lawyers, the petition represents approximately 45 protesters who were arrested on September 22 and 23, 2024, while exercising their right to assemble and protest.
In a statement signed by Timothy Selikem Donkor, the lawyers indicated that these protesters were subsequently detained under inhumane and harsh conditions, which violate Articles 14, 15, 17, 18, and 23 of the 1992 Constitution.
“On 8th July 2024, organizers of the #ReOccupylulorbillonse & #SayNoToGalamsey protest served notices to the police expressing the intention to demonstrate from 21 September 2004 to 10 September at the Revolutionary Square, Accra”.
“In August 2024, the police. meeting with the organizers, expressed their disagreement with the location, and recommended that the organizers consider another location. The organizers of the demonstration expressed their unwillingness to change the location”.
Group of Lawyers
The lawyers further pointed out that on September 18 and 19, 2024, the police issued statements claiming that a court order had prohibited the demonstration scheduled for September 21 to 23, 2024, at Revolutionary Square.
This, they argued, effectively undermined the organizers’ efforts.
The group further argued that the police’s denial of food and water to the protesters constitutes a violation of their right to life, as guaranteed under Article 13 of the 1992 Constitution.
They emphasized that such treatment not only jeopardizes the well-being of the individuals involved but also undermines their inherent human dignity.
The group noted that by depriving the protesters of basic necessities, the police are engaging in conduct that amounts to cruel and inhuman treatment, which is expressly prohibited under Article 15(2) of the 1992 Constitution.
The lawyers contended that these actions reflect a blatant disregard for the fundamental rights and freedoms enshrined in the Constitution, further exacerbating the distressing conditions under which the protesters are being held.
Allegations of Kidnapping Against Police
Furthermore, the group of lawyers stated that the arrest, transfer, and concealment of the protesters without notifying their lawyers or relatives constituted kidnapping.
According to the lawyers, this conduct is in direct violation of Section 89 of the Criminal Offences Act, 1860 (Act 28).
The lawyers emphasized that the lack of transparency regarding the protesters’ whereabouts infringes upon their legal rights and causes significant distress to their families.
“The smuggling of protesters to Courts in Accra without adequate notice to their lawyers vindicates fair trial rules guaranteed umber Article 18 of the Constitution. That the kidnapping of the protesters and concealing the places they were kept amounts to administrative injustice and violates Article 27 of the Constitution”.
“Demands and Remedios 31. Per the preceding demand, the Commission commenced an investigation to investigate the allegations. immediate 34. That the Commission makes a finding that The rights and freedoms of the protesters were violated”.
Group of Lawyers
The lawyers asserted that the police’s conduct—including unlawful arrest, unlawful detention, denial of food, and violation of the right to counsel—constitutes a serious breach of professional standards and ethical obligations.
They emphasized that such actions not only contravene the fundamental rights of the protesters but also reflect a disturbing pattern of abuse of power by law enforcement.
In light of these violations, the lawyers called on the Commission to take immediate action, including legal measures to hold the responsible police officers accountable.
They urged the Commission to investigate these allegations thoroughly and ensure that justice is served.
The lawyers expressed their hope for a prompt response from the Commission, stressing the importance of addressing this petition with the attention and urgency it warrants.
They highlighted that timely intervention is crucial to prevent further violations and to restore public trust in the legal system and law enforcement agencies.
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