Is Ghana in violation of the United Nations Convention Against Torture?

In an attempt to strengthening the civil and personal integrity rights of all members of the human family, the United Nations General Assembly, duly adopted the International Covenant on Civil and Political Rights in 1966, referring to the Universal Declaration of Human Rights, which stresses that the “ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights” (UN 1948).

Although, the prevention of torture and other cruel, inhuman or degrading treatment or punishment has earlier been expressed severally and purposely in Article 5 of the Universal Declaration of Human Rights (UN 1948) , Article 7 of the International Covenant on Civil and Political Rights (UN 1966(, and the Declaration on the Protection of all Persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment (UN 1975), the United Nations found it necessary to introduce the Convention Against Torture(CAT) in 1984.

Per the United Nations Convention Against Torture, hereafter, CAT, cruel, inhuman or degrading treatment or punishment cannot necessarily be construed as torture.

However, Torture Convention defines torture as: “the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions.”

The United Nations General Assembly, as detailed in Article 2 of the Convention against Torture, urges member states to take ‘effective legislative,administrative,judicial and other measures for the prevention of torture, and other cruel, inhuman or degrading treatment or punishment.

Parties to the Torture Convention, therefore, are obliged to take the due cognisance of the civil and personal integrity rights of every denizen and citizen in their territories.

The civil and personal integrity rights include, inter alia, the freedom of speech, the freedom of assembly and association, the freedom of religious expression, the freedom from unlawful and political imprisonment, freedom from torture, freedom from unlawful physical or other harm, freedom from cruel and inhuman or degrading treatment or punishment, and the right to a fair trial (UN 1966; UN 1984).

It goes without saying that Articles 26 and 29 of the Vienna Convention on the Law of Treaties stress that once a state ratifies a treaty, such state has given its consent to be bound by the treaty provisions (UN 1969).

Ghana has duly ratified both the International Covenant on Civil and Political Rights and the prevention of torture and other cruel, inhuman or degrading treatment or punishment, therefore Ghana is obliged to protect the civil and personal integrity rights of every denizen and citizen of Ghana.

Madam Salomey Awiti Bafoh, a mother of three young children, and a devoted nurse, was, recently arrested, detained, and remanded in prison custody for two weeks for allegedly aiding and abetting a clamorous social media political activist, who goes by the name, ‘Ghana Jolof’.

Madam Salomey is being charged for allegedly receiving cyclopean remittances from the said Ghana Jolof and helping to disseminate her perceived offensive contents.

Of course, Madam Salomey Awiti Bafoh has an innate right to the presumption of innocence. Suffice it to emphasise that it is the job of the Police to prove guilt beyond a reasonable doubt, or to establish a prima facie case, and not a job for the suspect to prove her innocence.

Madam Salomey Awiti Bafoh was allegedly picked up very late in the night by the security personnel from her place of abode in Techiman, in the Brong East region in the company of her three young children, without her family members knowledge.

Unfortunately, however, the security personnel blatantly failed to take the due cognisance of the welfare of her three young children; the security personnel failed to arrange an appropriate care for the children before taking their mother to Accra.

The overarching question every concerned Ghanaian should be asking then is: don’t we have police stations in the vicinity?

Clearly, the security personnel flagrantly infringed on the fundamental human rights of Madam Salomey, by driving her all the way from Techiman to Accra in order to detain her.

What was more disturbing though, was the judge’s idiosyncratic decision to remand Madam Salomey for two weeks without taking into account the over 48 hours spent in detention, contrary to what our constitution says.

Madam Salomey is being accused of aiding and abetting the said Ghana Jolof, whose so-called charges are frivolous, if free speech and freedom of opinion and expression are anything to go by.

Indeed, no civilised democracy on planet earth would return, expel, extradite, or punish an alleged fugitive on free speech and freedom of opinion and expression.

Mind you, free speech is an inalienable right to seek, receive and convey information and ideas of all kinds, by any means which may be deemed appropriate.

In other words, free speech and the right to freedom of expression denote the ideas of all kinds, including queer and unpopular ideas and statements which “shock, offend or disturb.

And, the fact that freedom of opinion and expression is not absolute and is subject to reasonable restrictions does not mean that the right can be curtailed capriciously according to the legislative, executive or judicial discretion.

We hope and pray that while on remand, Madam Salomey Awiti Bafoh won’t undergo ‘ undue severe pain or suffering, whether physical or mental’.

May God bless our homeland Ghana!
K. Badu, UK.
[email protected]