IHRC Commissioner in Ghana Commends Parliament of Ghana on Death Sentence Repeal
It was all joy and actually A Landmark Decision when yesterday the 25th July saw Ghana’s Parliament passed a law to Repeal Death Sentence Act and Amends Offense Acts
Introduction
This amendment bill, sponsored by Madina MP Francis Xavier Sosu, was subsequently passed on Tuesday 25th of July 2023 after going through various debates and considerations on the floor of parliament
In a historic move that marks a significant step towards human rights reform, Ghana’s Parliament has taken a momentous decision to repeal the Death Sentence Act and amend various offense acts. This decision reflects the nation’s commitment to upholding human dignity, promoting justice, and ensuring fair treatment for all citizens. This article explores the implications of this repeal and amendment, delving into the global context of capital punishment, the reasons behind the decision, and the potential impact on Ghana’s justice system.
Understanding Capital Punishment in Ghana
For many years, capital punishment has been a controversial and highly debated issue worldwide. Ghana, like many other nations, inherited a legal system that allowed for the imposition of the death penalty. The primary purpose behind capital punishment was to deter serious crimes and serve as a form of retribution. However, over time, there has been a growing awareness of its drawbacks, including the risk of executing innocent individuals and the lack of evidence supporting its deterrent effect.
In recent years, several countries have chosen to abolish the death penalty or enforce moratoriums on its use, as they recognize the need to adopt more humane and just alternatives. In Ghana, this debate has been ongoing, and the recent parliamentary decision marks a pivotal moment in the nation’s criminal justice reform.
The Decision to Repeal the Death Sentence Act
The decision to repeal the Death Sentence Act was not taken lightly and was the culmination of years of advocacy, public discussions, and growing awareness of international human rights standards. Many factors contributed to this historic repeal, some of which include:
Human Rights Advocacy: Human rights organizations and activists have long campaigned for the abolition of the death penalty, citing its incompatibility with the right to life and the potential for miscarriages of justice. These advocates worked tirelessly to raise awareness of the flaws and moral concerns surrounding capital punishment for which Special Monitoring Missions of the International Human Rights Commission have been a voice to for any years.
International Pressure: Ghana’s commitment to human rights has been under scrutiny by the international community. Many countries and international organizations have urged Ghana to abolish the death penalty and align its laws with international human rights standards.
Ineffectiveness as a Deterrent: Studies have shown that the death penalty does not necessarily deter serious crimes more effectively than alternative forms of punishment. As such, the argument for retaining capital punishment solely for deterrence purposes weakened over time.
Risk of Wrongful Executions: The risk of executing innocent individuals is a grave concern associated with the death penalty. Ghana’s judicial system, like any other, is not immune to errors, and the potential to end an innocent life became increasingly unacceptable to many.
Reforming Criminal Justice: The decision to repeal the Death Sentence Act aligns with broader efforts to reform Ghana’s criminal justice system. Policymakers and legal experts sought to promote a more rehabilitative and restorative approach to justice.
Amendments to Offense Acts
In addition to the repeal of the Death Sentence Act, Ghana’s Parliament also undertook a comprehensive review of various offense acts. The goal was to ensure that these laws were proportionate, fair, and aligned with modern principles of criminal justice. Some key amendments included:
Sentencing Guidelines: The amendments introduced clear and comprehensive guidelines for sentencing in various offenses. These guidelines take into account factors such as the gravity of the crime, the offender’s intent, and the potential for rehabilitation.
Focus on Rehabilitation: Recognizing the importance of rehabilitation in reducing recidivism, the amended acts place a greater emphasis on rehabilitative measures for offenders. Alternative sentencing options, such as community service and counseling programs, are now prioritized.
Restorative Justice: Restorative justice principles have been incorporated into the amended acts, providing victims with a greater say in the resolution process. This approach encourages dialogue between victims and offenders, facilitating healing and reconciliation.
Juvenile Justice Reforms: The amendments also address the treatment of juvenile offenders, ensuring that their rights are protected, and that the justice system takes their age and capacity for rehabilitation into consideration.
Fines and Compensation: The revised acts have introduced fairer systems for imposing fines and awarding compensation to victims, ensuring that the financial burden is proportionate to the crime committed.
Impact on Ghana’s Justice System
The repeal of the Death Sentence Act and the amendments to various offense acts will have significant ramifications for Ghana’s justice system. Some of the key impacts include:
Human Rights Advancement: The repeal of the death penalty demonstrates Ghana’s commitment to advancing human rights and aligning its legal system with international standards. This decision enhances the country’s global standing as a champion of human dignity and justice.
Focus on Rehabilitation: By prioritizing rehabilitation over punitive measures, Ghana aims to reduce recidivism and foster a more humane and effective criminal justice system.
Fairness and Equity: The amended acts address concerns of proportionality and fairness in sentencing, ensuring that the punishment fits the crime and that vulnerable groups, such as juveniles, are treated justly.
Improved Public Perception: The decision to abolish the death penalty and reform the justice system is likely to be well-received by the public and strengthen public trust in the legal system.
Challenges in Implementation: While the decision is undoubtedly a positive step, its implementation may present challenges. Authorities will need to ensure that the legal framework is effectively enforced, and judges, lawyers, and law enforcement officers are adequately trained to apply the revised laws.
Conclusion
Ghana’s Parliament’s decision to repeal the Death Sentence Act and amend various offense acts marks a defining moment in the nation’s history. This landmark decision showcases Ghana’s commitment to promoting human rights, upholding human dignity, and reforming its criminal justice system. By embracing more rehabilitative and restorative approaches to justice, Ghana sets an example for other nations to follow.
As the country moves forward, it will be crucial to monitor the implementation of these reforms and address any challenges that may arise. In doing so, Ghana can build a more equitable, just, and compassionate society for all its citizens. The rest of the world looks on with admiration, as Ghana takes a leap towards a future characterized by fairness, mercy, and respect for the sanctity of human life.
Issued :
Dr Bernard Kofi Bonarparte
IHRC Peace Ambassador & Commissioner,
NVC SMM IHRC in Ghana
