Bortianor Killings: An urgent need for the establishment of an independent police complaints commission

The Commonwealth Human Rights Initiative, Africa Office, has followed media reports of the unfortunate shooting of five suspected land guards by the Ghana Police Service at Bortianor, in the Greater Accra Region.

In a press release, they stated the need for an independent police complaints commission and have also asked for a thorough investigation into the situation.

They said: "We wish to condemn this recurring use of lethal force by the police in dealing with suspects and call for a thorough and independent investigation to bring those responsible to justice. We would also like to express our sincerest condolences to the bereaved families

"The incident which occurred on Thursday, June 08, 2023, keeps bringing to fore serious questions about the use of force by law enforcement agencies in Ghana

"While we recognize the importance of maintaining law and order, it is essential that the police operate within the bounds of the law and respect the human rights of all individuals. The shooting of suspected land guards, regardless of their alleged involvement in criminal activities, is a grave violation to the principle of the assumption of innocence until proven guilty and their right to life. It is worthy to note that subsequent reports from chiefs and locals have contradicted the police’s account of the said incident

"These contradictory statements are consistent with previous incidents of mismatched police and community accounts of the same incidents. It is on the basis of such conflicting information that the CHRI and its partners have been calling for the establishment of an Independent Police Complaints Commission (IPCC) for the better part of a decade

"In 2019, as a follow up to the demands for an IPCC, the CHRI and its partners (the Independent Police Complaints Coalition) produced and submitted to the Ministry of Interior (MOI) a draft legal framework on the setting up of an IPCC for Ghana

"The MOI promised to give feedback on the said document but till date, our Office has not received any response despite several follow ups. CHRI must also indicate that the establishment of an IPCC in Ghana was one of the key recommendations made by the Commission of Inquiry set-up by the Government to investigate the violence that took place at the Ayawaso West Wuogon constituency bye-election in January 2019. Regrettably, the Government of the day, which set up the Commission of Inquiry, has failed, neglected or refused to set up an IPCC

"Just like previous occasions, these incidents are usually followed by press releases stating that the Police were acting in self-defence and a display of weapons and ammunitions as evidence of the criminal intents of the dead suspects. Unsurprisingly, the Ghana Police Service has released a press statement indicating that the police officers acted in self-defence".

However, it is their word against the silence of the five dead suspects.

In 2018, an incident of a similar nature happened in Kumasi where the police killed seven out of eight suspected armed robbers; after which, they lined up weapons allegedly belonging to the dead in proof of their suspected criminal activities.

An independent committee set up to investigate the killings vindicated the dead suspects. This year alone has recorded quite a number of extrajudicial killings by police officers allegedly in self-defence.

It is evident that there is an urgent need to take steps to establish an Independent Police Complaint Committee in Ghana the deficit of the GPS is to be improved.

Accordingly, CHRI recommends that;

In the absence of an IPCC, CHRAJ should conduct investigations into the shooting incident and the officers found culpable must be prosecuted.

The Ministry of Interior and the Attorney-General’s Office must work with CSOs to finalize the draft legal framework into the necessary approval and direction for a draft bill on the establishment of IPCC.

The Government of Ghana must resource the Ghana Police Service to be provided with the requisite protective equipment and body cameras which will enable them carry out their duties effectively.

The Ghana Police Service must adhere to the UN Code of Conduct for Law Enforcement Officials as well as the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.