Dokument #1297314
IRB – Immigration and Refugee Board of Canada (Autor)
An official with the High Commission for
the Republic of Ghana in Ottawa stated in a telephone interview
that attempting a coup d'etat is a treasonable offence according to
the constitution that came into effect in January 1993 (11 Apr.
1995). The official said the penalty for committing a treasonable
offence is the death penalty (ibid.); the official was unaware of
whether or not lesser sentences are possible. According to the
official, treasonable offenses are heard before the Supreme Court.
The accused has the right to counsel and the state will provide
legal counsel for those unable to afford it themselves (ibid.). The
excerpts from the Ghanaian constitution attached to this response
corroborate the information provided by the official.
A lawyer who received legal training in
Ghana and now practices law in Ottawa, stated in a telephone
interview that the procedure for prosecuting someone charged with
attempting a coup would differ depending on whether the case was
brought before a military tribunal or a civil court (11 Apr. 1995).
The lawyer stated that if military personnel were among the
accused, then they, and any accused civilians, would more than
likely be prosecuted before a military tribunal (ibid.). According
to the lawyer, trials before a military tribunal permit the
prosecution to make fewer disclosures about the case to the public
and to the defendants (ibid.). In addition, defence counsel could
have greater difficulty challenging prosecution evidence in a trial
before a military tribunal because the panel that judges the case
can arbitrarily reject challenges without recourse to rules of law
(ibid.). The lawyer corroborated the information provided by the
embassy official regarding the accused's right to legal counsel and
the death penalty as punishment for those convicted of planning a
coup attempt, and added that lesser sentences of long terms of
imprisonment and hard labour in maximum security prisons might be
imposed (ibid.).
The following information was obtained in a
telephone interview with a publisher of the Ghana Drum, a
Washington-based monthly on Ghanaian affairs (12 Apr. 1995). A
person charged with attempting a coup could be tried by either a
civilian court or by a military tribunal. The publisher said that
President Jerry Rawlings still wields influence over the judiciary,
although this influence is somewhat diminished under the new
constitution. Nevertheless, the publisher suggested that Rawlings
could influence the decision of whether a military tribunal or a
civilian court heard the case of a person charged with plotting a
coup. The source also stated that military tribunals are used to
overcome the backlog of delayed cases before the civilian courts.
The publisher speculated that the governing authorities might
prefer to delay the trial of someone charged with plotting a coup
because they would not want to upset the political atmosphere in
the country, or allow their opponents to use a trial to communicate
their views. The source also stated that the use of trumped-up
charges against political opponents, a tactic used by Rawlings when
the country was under military rule, is no longer in the best
interests of the government.
For additional information, please consult
the attached excerpts from the Ghanaian constitution and Criminal
Code.
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.
High Commission of the Republic of
Ghana, Ottawa. 11 April 1995. Telephone interview with
official.
Lawyer, Ottawa. 11 April 1995. Telephone
interview.
Ghana Drum, Washington, DC. 12
April 1995. Telephone interview with publisher.
Kludze, A.K.P. May 1993. Vol. 7.
"Ghana," Constitutions of the Countries of the World. Edited
by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY:
Oceana Publications, pp. 27-29, 36-47, 56-60, 207-210.
Republic of Ghana. 1960. Criminal
Code, 1960, pp. 31-35, 83-89.