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2008 Assessment

Ghana: Integrity Indicators Scorecard

Ghana : Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
83	Is the law enforcement agency (i.e. the police) effective?	58
84	Can law enforcement officials be held accountable for their actions?	58

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

83a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments: It is largely on a professional basis, but political considerations sometimes play a part, especially with regards to high level positions, while low level positions are influenced by personal and other considerations.

References: Interview with Mr. Charles Ayamdoo, Director of Anti-corruption, Commission of Human Rights and Administrative Justice. Interview held on Saturday, Aug. 16, 2008, in the CHRAJ office at 2 p.m.

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

Both are lawyers.

Peer Review Comments: This is because appointments to some of the top positions are vested in the executive.

83b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments: As an HIPC country, no public institution has sufficient funds to carry out their mandate. However, the police service is one of the public institutions with the lowest paid personnel. Complaints about insufficient equipment for police work are common. However, it must be admitted that police have the basic things necessary for their work, such as uniforms, when compared to other African countries.

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

83c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments: The inspector general of police (IGP) is appointed by the president, like most other heads of public institutions. The IGP can be removed without any explanation by the president. Promotions and appointments to senior positions are handled the same way. This makes the police service subservient to the executive. They also serve under the minister of interior, a political appointee answerable to the president.

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

Can law enforcement officials be held accountable for their actions?

84a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: This is just a practice but it is not backed by law.

References: There are administrative mechanisms. The PIPS has just been recently set up to address such conduct. However, there is no law backing this.

84b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments:

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

Both are lawyers.

Media reports - CHRI advertises all the time on the PIP

84c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments: The attorney general has the responsibility to investigate these. The police also has its own internal mechanism.

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

Ghana Police Service and the Attorney General's Department

Peer Review Comments: I do not think there is a law. If a crime is committed by an officer, the Attorney General may decide to prosecute as he would prosecute anyone else. But there is no law that explicitly deals with police corruption and malfeasance.

84d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments: The police service can set a commission of inquiry to investigate cases of corruption or other misconduct or public complaints by the service. An example might be the loss of the cocaine in police custody seized as evidence in a drug case during the year.

In a recent case involving the police and drivers in Ashiama,where some people lost their lives, a committee was appointed to investigate the incident. Some sanctions have been imposed on the officers believed to have been responsible for what took place.

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

Peer Review Comments: Police national authorities took no action to investigate the Anlo chieftaincy dispute where the police hierarchy in the Volta region were alleged to have taken sides, which led to the deaths of some of the area's citizens.

Peer Review Comments: This does not happen often.

84e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments:

References: The Criminal Code, 1963 (Act 29). The Service Act, 1970 (Act 350)

84f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments: Where there is ill motive in their actions, or where they act outside their normal duties, they can be prosecuted. However, like most other professionals in the country, the police often seem to be supporting each other.

The public relations officer is often on radio defending police action, especially when it implicates the top-most officers, sometimes even before an investigation is carried out.

Interview with Mr. Kojo Asante, Programmes Director, Centre for Democratic Development (CDD-Ghana). Interview held on Tuesday, Sept. 9 2008, in the CDD-Ghana offices at 5:30 p.m.

Both are lawyers.