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Ghana could indeed directly introduce legislation to protect the Covenant rights before the actual ratification. Concerning the death penalty, certain constitutional provisions stipulated that the capital punishment was mandatory in some cases, including, for example, high treason. Unless there was a referendum to amend the Constitution in that respect, and unless 75 per cent of the population supported it, the Government could not proceed to make different provisions. With respect to the selection and nomination processes of the Independent Commission on Human Rights and Administrative Justice, the delegation stated that the Constitution guaranteed independence of the judiciary. The Commissioner and other members were equivalent to judges of the High Court.
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加纳 - 中华人民共和国商务部
Concerning torture and mistreatment in detention centers, it was explained that independent external investigators could participate in investigations. Laws were amended to eliminate some obsolete punishment measures in detention centres, such as flogging. Officers were aware that torture and maltreatment in detention centres were unacceptable, which was why such occurrences were rare. Sentencing guidelines were in place to guide judges in appropriate procedures. There had been reports of extractions of confessions by the police.
Ghana subscribed to the view that human rights everywhere should be of concern to people everywhere, Mr. Ayin concluded. Question by ExpertsOne Expert expressed hope that Ghana would continue to take on new international obligations and responsibilities, and that it would ratify the Optional Protocols to the Covenant on Economic, Social and Political Rights, the Covenant on the Rights of the Child, and the Convention Against Torture.
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加纳总检察长兼加纳司法部长多米尼克•A•阿因(Dominic A. Ayine)在呈交报告时表示,加纳政府被要求促进对人权的尊重,它已要求所有执行、立法和司法机关支持最高标准的人权。加纳人民决心确保当前加纳的民主进程不受逆转,国家积极参与国际人权事务,捍卫能够为民主和人权拓疆扩土的事业。在随后的讨论中,委员会专家称赞了加纳在国际人权机构中发挥的积极作用。他们试图了解的说明涉及如《公约》落实的宪法和法律框架、人权和行政司法独立委员会的选举和提名程序、对心理残疾人士、女性性工作者、性少数群体的歧视、暴力侵害妇女行为和消除有害做法(即仪式奴役(“trokosi”))、多配偶制、早婚和强迫婚姻等问题。专家还询问了配偶的财产权和继承权、死刑的废除、政策的残忍性和强迫认罪的使用、产妇死亡率之高和获取安全和合法堕胎的渠道、言论自由和对记者的袭击、拘留截止日期、监狱过度拥挤、缺乏青少年司法法官、2012年《精神健康法》的落实、童工和对儿童的体罚。委员会主席费边•奥马尔•萨尔维奥利(Fabian Omar Salvioli)在总结发言中表示,缔约国必须关注酷刑问题特别报告员的报告。他还请诸位关注精神健康机构的问题,尤其是所谓的祈祷营。委员会将于6月27日(周一)上午10点举行下一次公开会议,讨论工作方法,并听取厄瓜多尔、布基纳法索和阿根廷非政府组织和国家人权机构的报告。Presentation of the ReportDOMINIC A. AYIN, Attorney-General and Minister of Justice of Ghana, stated that the Constitution of Ghana had entrenched provisions guaranteeing the fundamental human rights and freedoms, such as those stipulated in the Covenant on Civil and Political Rights. The Constitution had for the first time established a Human Rights Court and an Independent Commission on Human Rights and Administrative Justice.
Notwithstanding the complex process of constitutional reforms, he noted that referenda were not the best way to promote democracy and human rights, notably with respect to the abolition of the death penalty. Could there be self-referral with respect to human rights cases in the work of the Independent Commission on Human Rights and Administrative Justice? What measures were in place to assist refugees and asylum seekers as they were waiting for an answer to their asylum demands? How about their access to free legal representation? As for juvenile justice, an Expert asked about measures in place to ensure juveniles’ right to a fair trial, namely the presumption of innocence. There had been reports that in some areas, like in Accra, there had been only one juvenile justice judge, and that the police had questioned juveniles without their guardians.
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加纳 - ohchr