Information on whether the lives of Ghanaians are threatened upon their return to Ghana for illegal activities allegedly committed outside of Ghana [GHA15423.E]

According to the section of the 1992 Ghanaian constitution on fundamental human rights and freedoms, "No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted, shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for the offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal" (Kludze May 1993, 45). The exception to this may be when a person is tried for high treason or treason (Ibid.).

Article six of the 1960 Ghanaian criminal code states that, for the purpose of this code, the jurisdiction of the courts of Ghana extends to territorial waters, and Article seven mentions that "When an act, which if wholly done within the jurisdiction of the Court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or abets any part of the fact may be tried and punished under this Code as if the act had been done wholly within the jurisdiction" (1988, 25). For information on offences under more than one enactment, please refer to Article nine 9, clauses one and two, and for jurisdiction over and punishment for piracy, please refer to Articles 194 and 195 and their appropriate clauses (Ibid., 26, 92).

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

Ghana. The Criminal Code, 1960 (date of assent 12 January 1961). Accra: Ghana Publishing Corporation

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.

Attachments

Ghana. The Criminal Code. 1960 (date of assent 12 January 1961). Accra: Ghana Publishing Corporation

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.