Ghana: Information on habeas corpus, and on the current status of Public Order Decree No. 2 or its replacement

A 6 October report by the BBC Summary of World Broadcasts stated that the Provisional National Defence Council (PNDC) repealed the Preventive Custody Law of 1992 (PNDC Law 4) and the Habeas Corpus Law Amendment of 1984 (PNDC Law 91) in September 1992. According to the same source, the government replaced them with Public Order Law Two. This law, in a nutshell, authorized the secretary of the interior to place certain persons in custody. Agence France Presse (AFP) corroborated the above information in a report of 3 October 1992.

According to Amnesty International Report 1993, PNDC Law 4 and PNDC Law 91 were replaced by the Public Order Law Two, also referred to as PNDC Law 288 of 1992 (1992, 136). The source corroborates the details of the law provided by the above sources. AFP stated in a 3 October 1992 report that the former PNDC Law 4 enabled the government to detain persons without trial "in the interest of the state," while PNDC Law 91 prevented the courts from entertaining any habeas corpus writs. The source noted that, under these old laws, the government was able to detain its critics for a long duration without trial.

West Africa reported in its 16-22 August 1993 issue that PNDC Law 288 was repealed in April 1993 (1440-1441). The Ghanaian Times of 17 September 1993 reported attempts by the government to have the supreme court decision reviewed. The motion had not been heard at the time of the report because judges were on vacation. According to Constitutions of the World, the supreme court may review any "decisions made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court" (Kludze May 1993, 121). For further information on the general jurisdiction of the court, please refer to the attachment. West Africa in its 21-27 March 1994 issue reported that the Ghanaian parliament approved moves to restore the writ of habeas corpus (510).

According to a journalist with the London-based New African who is familiar with the political situation in Ghana, the government is trying to pass a new habeas corpus law (7 June 1994). The source believed that the new law may be the habeas corpus law inherited from Britain, which was modified at the time the Provisional National Defence Council (PNDC) government came to power. With regard to the current status of Public Order Law Two, the source stated that, since the supreme court acknowledged the government's withdrawal of this law, he believed the government must be preparing a complete new law as a replacement (ibid.). However, he was unaware of new laws concerning the above having been passed in Ghana.

According to a professor of political science at Bennet College in Greensboro, North Carolina who specializes in African politics and development and is also familiar with the political situation in Ghana, the habeas corpus law as contained in Public Order Law Two was abandoned with the coming into effect of the 1992 constitution in January 1993 (2 June 1994). The professor noted that the Ghanaian constitution clearly makes it illegal to detain persons indefinitely without their being arraigned. Country Reports 1993 corroborates this information (1994, 113). According to the same source, the Ghanaian government held no political detainees in 1993 (ibid.). For further details, please refer to the attachments.

The professor from Bennet College was not sure whether there is a law that has replaced Public Order Law Two (2 June 1994). However, he believed that until the government enacts a new law on habeas corpus, the constitutional provisions on such matters may prevail. The DIRB is unable to corroborate this information by the professor.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Amnesty International. 1993. Amnesty International Report 1993. New York: Amnesty International USA.

BBC Summary of World Broadcasts. 6 October 1992."Ghana Law on Preventative Custody and Habeas Corpus Replaced." (NEXIS)

Country Reports in Human Rights for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office.

Ghanaian Times [Accra]. 17 September 1993. R. Harry Reynolds. "Supreme Court Decision Must Not Stand...A-G Files Motion."

Kludze, A.K.P. May 1993. "Ghana," Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications.

Journalist with New African, London. 7 June 1994. Telephone interview.

                Professor of political science, Bennet College, Greensboro, NC. 2 June 1994. Telephone interview.

West Africa [London]. 21-27 March 1994. "Habeas Corpus."

. 16-22 August 1993. "Ghana: NPP's Happy Hour."

Attachments

Agence France Presse (AFP). 3 October 1992. "Ghana's "Repressive" Laws Repealed." (NEXIS)

Amnesty International. 1993. Amnesty International Report 1993. New York: Amnesty International USA, pp. 136-37.

BBC Summary of World Broadcasts. 6 October 1992."Ghana Law on Preventative Custody and Habeas Corpus Replaced." (NEXIS)

Kludze, A.K.P. May 1993. "Ghana," Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications, pp. 119-122.

Ghanaian Times [Accra]. 17 September 1993. R. Harry Reynolds. "Supreme Court Decision Must not Stand...A-G Files Motion."

West Africa [London]. 21-27 March 1994. "Habeas Corpus," p. 510.

. 16-22 August 1993. "Ghana: NPP's Happy Hour," pp. 1440-41.