Enforced disappearance - crimes against humanity

Ghana

Ghana - Criminal Offences Amendment Act 2012 EN

Section 95A inserted

“Enforced disappearance
95A. (1) a person shall not cause the enforced disappearance of another person
(2) a person who causes the enforced disappearance of another person commits an offence and is liable on conviction to a maximum penalty of life imprisonment and a minimum openalty of five years imprisonment
(3) subsections (10 and (2) apply to a person who acts with the authorisation, support or acquiescence of the government
(4) for the purposes of this subsection a person causes the enforced disappearance of another person if that person arrests, detains, abducts, kidnaps or by any other means restricts the freedom of movement of that other person, by confining that other person in a manner that
(a) deprives that other person of that other persons liberty;
(b) conceals that fate or whereabouts of that other person; or
(c) places that other person outside the protection of the law.”

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(i) Enforced disappearance of persons;

2. For the purpose of paragraph 1:

(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.