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CDD-Ghana Condemns Police Misconduct in Arrest of Protesters

Evans Junior Owuby Evans Junior Owu
September 26, 2024
Reading Time: 4 mins read
Ghana Center for Democratic Development (CDD-Ghana) Logo

Ghana Center for Democratic Development (CDD-Ghana) Logo

The Ghana Center for Democratic Development (CDD-Ghana), in a sharp rebuke of the Ghana Police Service, has condemned the unlawful arrest and detention of approximately 40 citizens over the past weekend.

The independent not-for-profit think-and-do-tank, in a statement, noted that these individuals, engaged in peaceful protests, were exercising their constitutional rights to assemble and speak out against pressing national issues, including state capture, rampant corruption, and the damaging effects of illegal small-scale mining (galamsey) on the country’s water bodies.

According to the statement, in a disturbing development, the police extended their crackdown to ordinary bystanders, indiscriminately arresting individuals going about their daily activities.

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“CDD-Ghana is particularly concerned about the Ghana Police Service’s repeated use of excessive and illegal control tactics, especially when dealing with young protesters. These actions undermine both the letter and the spirit of Article 14 of the 1992 Constitution of Ghana”.

The Ghana Center for Democratic Development (CDD-Ghana)

Violations of Constitutional Rights

CDD-Ghana specifically highlighted seven major violations by the police, calling for urgent attention including excessive force and brutality. The statement emphasized that protesters exercising their civic and political rights were subjected to unnecessary manhandling and brutality by police officers.

CDD-Ghana condemned these heavy-handed tactics, labelling them a gross infringement on fundamental human rights.

The statement also indicated that the police have so far refused to release the complete list of those arrested, heightening concerns about transparency and accountability in the handling of the protests.

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Additionally, the Center expressed alarm over reports that the police denied detainees access to legal counsel, violating Article 14(2) of the Constitution, which guarantees the right to legal representation.

Among several concerns, the statement claimed that the police reportedly failed to inform the lawyers of the detained individuals before arraigning them in court, further impeding the detainees’ access to justice.

The Ghana Centre for Democratic Development also condemned the direct violation of due process, alleging that the detainees were transferred from police custody to prison without the necessary court approvals.

According to the statement, protesters were detained for more than 48 hours without being brought before a court, in clear violation of Article 14(3) of the Constitution, which mandates that detainees be presented before a competent court within that timeframe.

“The continued denial of access for family members to meet with their detained relatives. These actions violate the detainees’ fundamental human rights and undermine the rule of law in Ghana’s constitutional democracy. Such misconduct erodes public trust in our legal system and public institutions”.

The Ghana Center for Democratic Development (CDD-Ghana)

CDD-Ghana emphasized that these actions not only erode public trust in the police but also severely undermine the rule of law in Ghana. The organization warned that such misconduct, if left unchecked, risks damaging the reputation of the legal system and public institutions, creating a climate of fear and repression.

Galamsey Protestors 2
Ghana Police Service arrest protesters on day 2 of Democracy Hub demonstrations

Call for Urgent Action and Respect for International Obligations

The Ghana Center for Democratic Development (CDD-Ghana) called for the immediate release of the protesters and stressed the need for the police to observe due process in all future cases of detention.

The Center also reminded the government that Ghana is a signatory to the 1966 International Covenant on Civil and Political Rights (ICCPR), which upholds the right to peaceful assembly.

This right, the statement argued is enshrined in Ghana’s Constitution under Article 21(1)(d), which explicitly states: “All persons shall have the right to freedom of assembly, including freedom to take part in processions and demonstrations.”

The CDD-Ghana also underscored that the right to assemble and demonstrate is a cornerstone of civic engagement, political awareness, and citizen participation in public affairs.

The Center stressed that the freedom to peacefully assemble is not just a constitutional right but also a crucial element in promoting civic development and democracy.

It posited that any attempt to suppress or curtail this right would stifle the voices of ordinary Ghanaians, thereby threatening the very fabric of democratic governance.

In its closing remarks, CDD-Ghana reiterated that the role of the Ghana Police Service is to protect citizens, not to oppress them.

The responsibility of maintaining public order, the Center maintained, must always align with the principles of the 1992 Constitution.

The police’s conduct during the weekend protests reflects a troubling departure from their constitutional mandate, prompting the Center to call on the police leadership to restore public trust by adhering to legal protocols and respecting the rights of citizens.

The statement concluded with a strong appeal to the government and all relevant authorities to uphold the constitutional rights of all Ghanaians, particularly the right to peaceful assembly, freedom of expression, and protection from unlawful detention.

READ ALSO: Beverly Afaglo Denounces Youthful Abuse of Sex, Smoking, Drinking

Tags: 1966 International Convenant on Civil and Political RightsArticle 14 of the 1992 Constitution of GhanaGalamsey ProtestorsGhana Center for Democratic Development (CDD-Ghana)Ghana Police Service (GPS)Right of Protestors
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