Friday, October 09, 2009 06:44:37 PM
Training for the Police very urgent, says ACP Wiredu
By Akwasi Fredua
ACP Dr Peter Wiredu, Director of Administration, Ghana Police Service, has observed an urgent need for the Police Service to constantly train its rank and file in the principles and practice of democratic policing.
Such training programmes, he said, will among others, inculcate in police officers the requisite professional attitudes and practices based on a heightened consciousness about the promotion and protection of individual human rights and freedoms.

"The current Police Administration strongly believes that the incidence of naked brutalities which some Police personnel sometimes mete out to arrested persons in their custody will be eradicated or at least reduced to the barest minimum once Police personnel are given appropriate training in the principles and techniques of democratic policing" he stated.
He made these statements at a human rights awareness forum on the theme; "The rights of arrested persons in Ghana." The forum came off at the University of Ghana, Legon recently.


According to him, the police and other law enforcement officials who exercise some powers of arrest frequently come under a barrage of attacks and criticism as a result of reports or complaints of alleged blatant violations of individual rights and fundamental freedoms.
However, he said the rights of arrested persons are essentially protected under Article 14 of the 1992 Constitution of Ghana. Article 14(2) provides that: "A person who is arrested, restricted or detained shall be informed immediately, in language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.
Article 14(3) also stipulates that "A person who is arrested, restricted or detained for the purpose of (a) 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.

Also of significant import in this regard is Article14 (4) which provides that:
"(a) where a person arrested, restricted or detained is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall be released either 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 as preliminary to trial."
ACP Dr Wiredu acknowledged that in the discharge of statutory functions, every single action that the police officer takes, either of commission or omission can have far reaching implications or consequences on the liberty of citizens with whom he deals. These, he maintained, can either be adverse or positive.
Under the Criminal Procedure Code, 1960 (Act30), a police officer can arrest without a warrant under many circumstances, including when an offence is committed in his/her presence; when he/she is obstructed in the discharge of his/her duties; or if he finds any person carrying tools/implements intended for use in burglary.
According to the Director General of Administration, arrest, which is the physical restraint of a man's person or liberty, is of crucial concern in discussing the exercise of police powers vis-a vis the protection or abuse of individual freedoms.
This he said is so because a person is deprived of his basic liberty as soon as his person is restrained, even though other variants of technical arrest, such as what is normally termed as house arrest may not necessarily entail a person's physical or bodily restraint.

The police has made strides in its bid to ensure a friendly relationship with members of the general public. Dr Wiredu said, "The Ghana Police is today more rights friendly than ever before.
The service is committed to playing its appropriate role as rights conscious law enforcement in Ghana's fast developing constitutional democratic governance including the Police."
Nana Oye Lithur, a human rights advocate, said the law makes provision for legal aid to be given to those who can prove that they do not have the financial means to obtain legal services.
Besides, a person is entitled to legal aid if he earns the government minimum wage or below and desires legal representation in any criminal matter, or civil matter relating to landlord and tenant, insurance, inheritance, maintenance of children and other such civil matters prescribed by Parliament.
Legal aid, Nana Lithur explained, is a free help consisting of representation by a lawyer and including assistance in preliminary or incidental matters to any proceedings in a court or tribunal.
She therefore called on the government to provide more resources towards legal aid since lawyers who provide legal aid are not paid much by the government.

According to Mina Mensah, Project Officer, Police Accountability Project of CHRI, the Commonwealth Human Rights Initiative (CHRI), Africa Office firmly believes that an informed and educated public is well equipped to demand respect, protection, promotion and fulfillment of their rights from the State and its agents.
She emphasized that an informed and educated civil society would hold its leaders and public officials accountable for infractions of their basic human rights such as liberty and security.
Source: Public Agenda