32 Democracy Hub protesters drag IGP, AG to court over human rights violations
Lawyer and social media influencer Ama Governor-Ababio is among 32 people who have filed a case against the Inspector General of Police (IGP), Dr George Akuffo Dampare and the Attorney General (AG), Godfred Yeboah Dame at the Human Rights Court.
The 32 applicants also including private legal practitioner and known activist Oliver Barker-Vormawor are alleging violations of their rights as protesters who were recently arrested during the Democracy Hub demonstration in Accra against the illegal mining (galamsey) menace.
The applicants say the actions of the Ghana Police during the protest included unlawful arrests, detentions, and a refusal to grant bail.
This conduct, they argue undermines citizens’ rights to peaceful protest, as guaranteed by both the 1992 Constitution of Ghana and various international human rights conventions.
In the affidavit, the applicants assert that the Ghana Police Service’s conduct during the protest breached multiple international and constitutional provisions, including Article 21(d) of the 1992 Constitution, which guarantees the right to freedom of assembly and association.
They therefore demanding several key reliefs in the lawsuit:
1. A Declaration that the conduct of the Ghana Police Service in disrupting the peaceful protest violated Article 21(d) of the 1992 Constitution, Article 21 of the International Covenant on Civil and Political Rights, Article 11 of the African Charter on Human and Peoples’ Rights and Article 20 of the Universal Declaration of Human Rights.
2. A Declaration that the Respondents have violated applicants rights to liberty and security of their person and freedom from unlawful and arbitrary arrest and detention enshrined in Article 14 of the 1992 constitution, Article 9 of the Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights; Principles 2 and 11 of the Body of Principles for the protection of all persons under any form of detention or imprisonment and Article 6 of the African Charter on Human and Peoples’ Rights.
3. A Declaration that Respondents have violated applicants’ right to legal representation enshrined in Article 14(2) of the 1992 constitution of Ghana.
4. A Declaration that denying the Applicants basic necessities while in detention violated their right to human dignity as enshrined in Article 15 of the 1992 constitution, Article 5 of the African Charter on Human and Peoples’ Rights and Article 10 of the International Covenant on Civil and Political Rights.
5. A declaration that the detention of some Applicants for more than 48 hours before bringing them before a court violated their rights under Article 14(3)(b) of the 1992 constitution.
6. A declaration that the force used by Respondents on Applicants was excessive, unreasonable and unjustifiable.
7. A Declaration that the conduct of Respondents is in breach of the standards of fairness and reasonableness under Article 23, proper use of discretion under Article 296, and all implied rights inherent in a democracy intended to secure the freedom and dignity of man which include the right not to be subjected to arbitrary and malicious prosecution under Article 33(5) of the 1992 Constitution.
8. An order directed at the Respondents to pay to the Applicants compensation for unlawful and unwarranted breach of the Applicants’ fundamental human rights.
9. Cost and legal fees.
The suit comes on a day that another group of activists commenced a three-day demonstration against illegal mining and also petitioned the Attorney-General to release the 53 protesters remanded to prison and police custody for two weeks.
A group of lawyers has already filed a petition against the Ghana Police Service at the Commission on Human Rights and Administrative Justice (CHRAJ) for allegedly violating the rights of demonstrators at the recent StopGalamsey protest.
