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According to the 2022 United States Department of Human Rights report on Ghana, extended pretrial detention is still a significant issue. The government keeps prisoners in custody for months for various reasons, such as failure of police to investigate or follow up on cases, loss of case files, slow trial proceedings with frequent adjournments, high bail conditions even for minor offenses, and inadequate legal representation for defendants.
The report states that in some cases, the length of pretrial detention exceeds the maximum sentence for the alleged crime.
Although the law allows individuals to challenge the lawfulness of their detention in court, detainees’ lack of legal representation impedes their ability to exercise this right. The report highlights that implementing a case tracking system in seven regions faced challenges such as poor internet connectivity and a lack of equipment at Legal Aid Offices, hindering effective performance.
Regarding fair public trials, the report reveals that although the constitution and law guarantee an independent judiciary, corruption, and unlawful influence still affect the judicial system. Judicial officials reportedly accept bribes to expedite or postpone cases, lose records, or issue favorable rulings for payers of bribes. Despite this, the government respects court orders, and the Ministry of Justice has a judicial complaints unit that takes public complaints on board.
According to the report, defendants are entitled to a fair and public trial and cannot be compelled to testify.
However, most indigent accused persons represent themselves in court, and defendants generally testify if the government presents sufficient preliminary evidence of guilt. A new law passed in July permits plea bargaining for most crimes, but as of September, the attorney general had yet to issue guidance on its implementation.
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Source: Omanghana.com/SP
