Ghana’s system of criminal justice is such that offenders are presumed innocent until they are proven guilty. This legal philosophy explains why the judicial system makes every effort to ensure that suspected criminals are given fair trials.
The unintended consequence of the system is that many offenders are sometimes remanded in prison for days while awaiting trial. A case in point is the report that 300 remand prisoners are being held illegally at the Nsawam Medium Security Prison because the warrants issued by the courts to keep them in detention have expired.
The sordid story of the remand prisoners is that, according to checks conducted by the Centre for Human Rights and Civil Liberties (CHURCIL) on behalf of the Justice For All Project, the dockets on their cases cannot also be traced. The result is that some of the remand prisoners have been in detention for as long as 14 years. This, to say the least, is unfortunate and lends credence to the dictum that justice delayed is justice denied.
The report on remand prisoners at the Nsawam Medium Security Prison may not be different from the situation in other prisons across the country. This could just be a reflection of the shortfalls in the country’s penal system.
The Daily Graphic considers the situation at the Nsawam Prison and similar ones which may prevail in other prisons in the country as a sad commentary on the criminal justice system and calls for urgent reforms. There is urgent need to review the system to facilitate the trial process to prevent a situation where many people would continue to be in detention through no fault of theirs.
The Ghana Prisons Service, the Ghana Police Service, the Attorney-General’s Office and the courts, all of which have various roles to play in the trial process, need to work in concert to ensure the speedy adjudication of cases. Already, we are confronted with a backlog of cases at the courts. There is the need for the establishment of special courts to handle the backlog of cases involving remand prisoners in the country’s prisons.
Furthermore, a system should be put in place to monitor the arrests, remand and conviction of suspected criminals. Again, specific time frames should be set for the adjudication of cases to prevent unwarranted adjournments by the courts and delays on the part of prosecutors and complainants.
The Daily Graphic calls on the Ghana Police Service and the Attorney-General to ensure that remand prisoners whose warrants had expired are taken to court, while fresh dockets are prepared to replace lost ones, otherwise remand prisoners whose dockets cannot be traced should be set free to reflect the legal maxim that it is better to set 1,000 guilty prisoners free than to keep one innocent person in jail.
While dealing with the case of the remand prisoners, it is also important for the stakeholders to review the entire penal system. The current penal arrangement is such that only fines and imprisonment are the means of punishment. The Daily Graphic is of the view that alternative sanctions, such as suspended sentences, community service and probation, can be worked out to reduce the congestion in the prisons.
We, however, want to commend the Attorney-General’s Department and Ministry of Justice, CHURCIL, the judiciary and other stakeholders for initiating the Justice for All Project, which is aimed at having justice on the doorstep of all citizens, especially the vulnerable in the society. It is heart-warming that these revelations on remand prisoners came out as a result of this laudable project.
The Daily Graphic hopes that more people would have the opportunity to access justice under the project.
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