The Process of Arrest- Your Rights And Perils

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Created on Thursday, 31 March 2016 00:00

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The Process of Arrest- Your Rights And Perils

…Research, Information & Advocacy- International Human Rights Law & The Changing Contours of State Policing- Justice and Fair Trial begin with the Police- The Process of Arrest- Your Rights And Perils- The Police Caution, Right of Silence and the 1984 Torture Convention Examined

BRIEFS & MEMOS Article 14(2) of the 1992 Ghana Constitution states that “A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice; (3) A person who is arrested, restricted or detained – (a) for the purpose of bringing him before a court in execution of an order of a court; or (b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released, shall be brought before a court within forty-eight hours after the arrest, restriction or detention; (4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released wither unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. (5) A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person.” Art 15 of the Constitution explains that (1) “the dignity of all persons shall be inviolable [that] (2) No person shall, whether or not he is arrested, restricted or retained, be subjected to – (a) torture or other cruel, inhuman or degrading treatment or punishment; (b) any other condition that detracts or is likely to detract from his dignity and worth as a human being.” So, neither the police, the Bureau of the National Investigations (BNI) nor the public asserting our arrest have the law to abuse our civil rights or liberties? READ MORE

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