Crime & Punishment of Thursday, 4 November 2010

Source: GNA

Human rights lawyer advocates fair sentencing of offenders

Nsawam (E/R), Nov. 4 GNA - Mr Andrew Daniels, a Human Right lawyer on Thursday called for a national policy that would ensure that punishment handed-down to people are commensurate with their offences.

He cited a situation where a narcotic user who carries two wrappers of marijuana is given the same punishment as someone dealing with narcotics.

Mr Daniels, who is also a member of the Centre for Human Rights and Civil Liberties (CHURCIL) made the call at the third "Justice for all programme" for 145 remand persons at the Nsawam Prisons.

The programme, which started in 2007, is a special court setup by the Judiciary Service in collaboration with the Attorney General's Department and other human right organisations to deal with people who are on remand for many years without trial.

The programme at its initial stages targeted persons on remand prison for more than 10 years without trial but the threshold has now reduced to include remand cases of five years and above.

CHURCIL, a human right non-governmental organisation had filed a motion at the High Court on behalf of 145 persons who have been on remand prison for more than five years without trial and have no docket on their cases.

Out of the remand persons that appeared before the seven courts setup to hear the cases, 67 persons were discharged, 50 cases were struck out, 13 persons were given bail and 15 cases were adjourned sine die.

Mr Daniel explained that CHURCIL took the matter-up because the continuous incarceration of the remand persons without trial and access to legal counsel was a breach of their fundamental human rights.

He said the current "justice for all programme" only looks at offences that were bailable and asked that some aspects of the law should be amended to give judges the discretion to give bail to persons who have been charged under certain non-bailable offences.

Chief Superintendent Frank Kwofie, Head of Legal and Prosecution, Greater Accra Police Headquarters, said the "Justice for All Programme" in future could be extended to cover narcotics and murder cases.

He said the exercise would focus on small narcotic users rather than those who trade in it.