Thirty-two protesters from the Democracy Hub have filed a lawsuit against the Inspector General of Police (IGP) and the Attorney General and Minister for Justice, alleging violations of their human rights.
They are seeking a declaration that the conduct of the Ghana Police Service in disrupting the peaceful protest violated Article 21(d) of the 1992 Constitution, Article 21 of the International Covenant on Civil and Political Rights, Article 11 of the African Charter on Human and Peoples’ Rights and Article 20 of the Universal Declaration of Human Rights.
The protesters were among 53 individuals arrested during a peaceful demonstration that took place between September 21 and 23, which turned violent after clashes with the Police.
The Ghana Police Service accused the protesters of blocking roads, dismantling barriers, obstructing traffic, and damaging property at Accra’s 37 Roundabout.
Out of the 53 arrested, nine are currently in prison, while the rest remain in police custody. The prosecution has denied any mistreatment of the accused, asserting that they were properly cared for, including being provided meals from the popular restaurant Papaye. This claim, however, sparked outrage from defense lawyers.
The Group being represented by Mr Francis-Xavier Sosu, was also demanding a declaration that the respondents had violated the applicants’ rights to liberty and security of their person and freedom from unlawful and arbitrary arrest and detention enshrined in Article 14 of the 1992 constitution.
They said the respondents also violated Article 9 of the Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights; Principles 2 and 11 of the Body of Principles for the protection of all persons under any form of detention or imprisonment and Article 6 of the African Charter on Human and Peoples’ Rights.
They also want a declaration that respondents have violated applicants’ right to legal representation enshrined in Article 14(2) of the 1992 constitution of Ghana.
“We seek a declaration that denying the Applicants basic necessities while in detention violated their right to human dignity as enshrined in Article 15 of the 1992 constitution, Article 5 of the African Charter on Human and Peoples’ Rights and Article 10 of the International Covenant on Civil and Political Rights,” they said.
They also sought a declaration that the detention of some Applicants for more than 48 hours before bringing them before a court violated their rights under Article 14(3)(b) of the 1992 constitution.
The applicants want a declaration that the force used by Respondents on Applicants was excessive, unreasonable, and unjustifiable.
A Declaration that the conduct of Respondents is in breach of the standards of fairness and reasonableness under Article 23, proper use of discretion under Article 296, and all implied rights inherent in a democracy intended to secure the freedom and dignity of man which include the right not to be subjected to arbitrary and malicious prosecution under Article 33(5) of the 1992 Constitution, the prayed.
An order directed at the Respondents to pay to the Applicants compensation for unlawful and unwarranted breach of the Applicants’ fundamental human rights.
GNA
