In a landmark decision on July 25, 2023, Ghana’s Parliament voted to abolish the death penalty for ordinary crimes by passing the Criminal Offences (Amendment) Bill, 2022, and the Armed Forces (Amendment) Bill, 2022. While this move was widely celebrated, the death penalty persists for treason, high treason, and offenses under the Armed Forces Act, creating a patchwork approach to abolition.
Death Penalty Abolition: What’s Covered and What’s Not
According to Justice Dennis Dominic Adjei, a judge on the African Court on Human and Peoples’ Rights, the changes only affect crimes under Ghana’s Criminal Offences Act, 1960 (Act 29). However, the mandatory death penalty remains for:
- Treason and high treason, as outlined in the Constitution.
- Offenses prosecuted under the Armed Forces Act, Act 105.
Justice Adjei described execution methods like hanging and firing squad as inhuman and degrading, emphasizing their conflict with international human rights obligations under the African Charter on Human and Peoples’ Rights.
Contradiction with International Obligations
Ghana is a signatory to the African Charter, which obliges countries to preserve life and prohibit inhuman treatment (Articles 4 and 5). Justice Adjei noted:
“The mandatory imposition of the death sentence violates the African Charter. Judges should have discretion to consider alternative punishments.”
This raises questions about why the military courts retain the death penalty, especially since their decisions can be appealed in civilian courts.
African Perspective on the Death Penalty
Across Africa, 34 countries have ratified the African Court Declaration, which complements the African Charter. However, not all countries have embraced full abolition. Some nations, such as Burkina Faso, have repealed laws conflicting with the Charter, while others like Rwanda and Tanzania withdrew from the Court after unfavorable rulings.
Challenges Facing Ghana
Justice Adjei highlighted a lack of awareness within Ghana’s judiciary regarding its obligations under international treaties. He warned that cases challenging the death penalty in Ghana could expose the state to legal violations under the African Charter.
“Ghana must align with international human rights standards. Full abolition is necessary for justice and human dignity,” he asserted.
Path to Total Abolition
For Ghana to ensure consistency with its international commitments, experts recommend:
- Complete abolition of the death penalty, including for treason and military offenses.
- Ratifying the Second Optional Protocol to the ICCPR, which promotes universal abolition.
- Educating judicial officers on Ghana’s obligations under international human rights treaties.
Conclusion
Ghana has made significant progress in its journey toward abolishing the death penalty, but gaps remain. Eliminating the death penalty would affirm its commitment to human rights and set a regional example of justice and humanity.
