Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Ghana

Ghana - Constitution 1992 (1996) EN

CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General

14. PROTECTION OF PERSONAL LIBERTY
(4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General

14. PROTECTION OF PERSONAL LIBERTY
(5) A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person.

CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General

15. RESPECT FOR HUMAN DIGNITY
(2) No person shall, whether or not he is arrested, restricted or detained, be subjected to-
a. torture or other cruel, inhuman or degrading treatment or punishment;
b. any other condition that detracts or is likely to detract from his dignity and worth as a human being.

Ghana - Criminal Offences Amendment Act 2012 EN

Section 95A inserted

“Enforced disappearance
(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.”

Ghana - Criminal Procedure Code 1960 (2003) EN

PART I—GENERAL PROVISIONS

Arrest Generally

Section 15 Holding in Custody of persons Arrested without Warrant.
(1) A person taken into custody without a warrant in connection with any offence shall be released f not later than forty-eight hours after his arrest unless he is earlier brought before a court of competent [As amended by the Criminal Procedure Code (Amendment) Act, 2002 (Act 633), s. (2) (a)].
(2) A person so taken into custody may at any time whether before or after the expiration of the sa required to enter into a bond with or without sureties for a reasonable amount to appear before suc such police station or place and at such time as may be stated in the bond.
(3) Any such bond may be enforced as if it were a bond executed by order of a court and conditi appearance of the said person before a court.
(4) [Repealed by the Criminal Procedure Code (Amendment) Act, 2002 (Act 633), s. (2) (b)].

PART I—GENERAL PROVISIONS

Section 29 Enquiry as to Truth of Information.
(5) No persons shall be remanded in custody under the powers conferred by this section for a period fifteen days at a time.

PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS

Issue of Warrant of Arrest
Section 77 Person Arrested to be Brought before the Court without Delay.
The police officer or person executing a warrant of arrest shall (subject to section 74 as to secu unnecessary delay bring the person arrested before the Court before which he is required by the w requirements of section 81 to produce such person, and shall return the warrant to the Court with an e thereon showing the time and the place of its execution.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.