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12 persons discharged, 10 granted bail after years in custody without trial

by Newsroom
25 July 2024
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12 persons discharged, 10 granted bail after years in custody without trial
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Twelve individuals who were standing trial for various alleged criminal acts, including murder, have been discharged due to the state’s prolonged failure to prosecute their cases.

These individuals, some of whom had been in custody for nearly a decade, had appeared in court no more than four times since their arrests.

The Justice for All programme, which aims to address such injustices, recently held hearings at the Nsawam Medium Prison, resulting in 12 discharges, 10 bail grants, and two bail denials.

Among those discharged was Kwabena Nyarko, who had been on remand since 2016 despite being granted bail in 2017, which he could not meet.

The long periods of detention without trial highlight ongoing issues within Ghana’s criminal justice system, despite constitutional protections.

Article 14 of Chapter 5 of the 1992 Constitution mandates that a person cannot be deprived of their liberty beyond 48 hours without appearing before a court.

However, the practice has often deviated from these provisions, leading to unreasonable delays in the trial of accused individuals.

Samuel Owusu Addo, who had been on remand for nearly 11 years for an alleged murder, was also among those discharged due to the absence of evidence and documentation from state prosecutors regarding his case.

Efforts to address these injustices continue, with prison officials and the judiciary working to ensure that individuals with similar cases are processed through the legal system more efficiently.

The PoS Foundation, which facilitates the Justice for All programme, has called on the cabinet to expedite the consideration of the Community Sentencing Bill, aiming to further reform the penal system.

Despite the challenges, the judiciary notes a significant reduction in such cases since the programme’s inception, offering a glimmer of hope for more timely justice in the future.

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