Court orders repatriation of 23 Liberians

Accra, April 24, GNA - An Accra Fast Track High Court on Thursday ordered the repatriation of 23 Liberians who were arrested at Buduburam and detained at the Ghana Immigration Service (GIS). "The Director, GIS, is entitled to repatriate the applicants. Applicants have not been able to prove to the court that they are refugees," the court said. This was after it had dismissed an interlocutory injunction filed against the Ministries of Justice and the Interior against the repatriation of the 23 Liberians, including seven minors. The court further asked that, the seven minors among the applicants should accompany their parents who were being repatriated. No cost was awarded.

The court, presided over by Mr. Justice P.K. Gyeasayor, a Court of Appeal Judge, noted that exhibits, including photocopies of cards produced by the applicants did not show that they were refugees. It added that the documents produced by applicants did not indicate that they were refugees registered with the Ghana Immigration Service and the Liberian Embassy. The letter from UNHCR even cast doubt on the applicants. The letter said it was satisfied that the applicants were not refugees and the present situation did not qualify them to be refugees. According to the court the applicants could not prove there were family ties among themselves.

The court said the influx of the applicants into Ghana was a result of the war in Liberia. Now, the war was over and a new leader had been elected, they had not been able to justify their stay. It said the issue should not be seen as an emotional or gender one but a matter that should be based on the laws of the country. The court said it was true that the 1992 Constitution guaranteed the right to movement and association, among others, but pointed out that those rights went with its responsibilities, which should also be in accordance with the law. It found out that the removal of the applicants was lawful and did not contravene the law, adding that the Director of GIS was empowered by law to repatriate them.

Arguing the motion on April 14 this year, Nana Oye Lithur of the Commonwealth Human Rights Initiative (CHRI) contended that the applicants were illegal immigrants but undocumented refugees who arrived in the country as a result of civil war. She therefore prayed the court to recognize their rights and release them. Nana Oye noted that there were seven minors who were below the age of 18 years and prayed the court that the Juvenile Justice Act should take care of them.

The human rights activist told the court that some of the applicants who had their marriage certificates arrived in the country as refugees who had been registered with UNHCR and that the Director of GIS had no right to repatriate them. The applicants filed a motion on notice for writ of Habeas Corpus on behalf of Theresa Cheddah Dogbey and 22 other refugees. CHRI and Legal Resource Centre on behalf of applicants sought an order of injunction restraining the Minister of the Interior, the IGP and Director of GIS from taking further action, including the deportation of the applicants.

In an affidavit in support of the motion, Ms Teresa Cheddah Dogbey said on March 17, this year she was among 630 women and children who were arrested and detained at Kordiabe Training Centre in the Greater Accra Region. According to her she was a registered refugee with UNHCR in Accra. She said her 10-year-old daughter Joetta Solo, who was at the moment resident at Buduburam and her husband had been issued with refugee identity cards.