Lawyers In Search Of Democracy (LINSOD) has expressed shock over a court decision to refuse bail of some ‘Democracy Hub’ leaders and their fellow protestors.
According to them, demonstrators who have not caused murder or assault, and have not attacked law enforcement personnel, or cause extensive damage to important public property should not be held in custody for more than 48 hours.
“LINSOD, firstly as a body of lawyers, know that by law, the continuous detention of suspects before their trial, is tantamount to punishing them for the alleged crime of which they are charged, and before they are even convicted of same. Accordingly, bail must not be denied to suspects unless it is reasonably believed that they shall not reappear in court when they are on bail; or they shall interfere with the further investigation of the charges against them, among others. In this particular instance, some of the demonstrators who are held remanded into custody are pregnant women, children; asmathic and diabetic patients, who are no flight risk at all. Many of them are ordinary law-abiding Ghanaian citizens from responsible families.” Lawyers In Search Of Democracy said in a statement signed by the President, Eric Delanyo Alifo, ESQ. and Secretary Theophilus Dzimega Jr ESQ.
The angry citizens ‘Democracy Hub’ embarked on three (3) days demonstration against the illegal mining (Galamsey) activities in the country which resulted to arrest of over 30 of some of their leaders and protestors and they were eventually arraigned before two Circuit Courts in Accra on Tuesday, September 24th, 2024.
But LINSOD understands the court’s failure to grant the suspects bail is abuse of their rights.
“What shocks our minds is that the courts in this case sided with the government to subject the demonstrators to inhumane treatment, and abuse of their rights without even considering the cause the demonstrators were fighting for, which is the “galamsey” menace.” Part of the statement read.
Below is the full statement
LAWYERS IN SEARCH OF DEMOCRACY (LINSOD) SEES THE HANDS OF GOVERNMENT IN THE DENIAL OF BAIL FOR DEMOCRACY HUB DEMONSTRATORS
1. On September 22nd and 23rd a group of Ghanaian citizens called ‘Democracy Hub’ had embarked on a demonstration to register their disappointment at the Government of Ghana’s failure to curb the illegal mining (Galamsey) menace, which is causing unimaginable havoc to our water bodies, the environment, and is an existential threat to the entire nation. The group had intended to demonstrate for three (3) days, but on the second day of their demonstration, some of their leaders, together with over thirty members were arrested and manhandled by the police on the basis of the allegation that some public properties were defaced by some of the demonstrators during the demonstrations.
2. Those arrested were taken into custody at various police stations in the capital and were denied access to their families and lawyers who were ready to provide them free legal services to secure their liberty as guaranteed by the Constitution 1992. After the police had detained them for over 48 hours, some of them were arraigned before two Circuit Courts in Accra on Tuesday, September 24th, 2024 and charged with Conspiracy to Commit Crime, to wit, Unlawful Assembly and Causing Unlawful Damage, among others.
3. Rather shockingly and regrettably, where Rule of Law is most expected, the Circuit Courts refused to grant bail to all of the accused person en-bloc and remanded them into police and prison custody with a return date of 8th October for some, and 11th October for others (two weeks from now), only for mention. In an official statement issued by the police thereafter, the police explained that the Office of the Attorney General had taken over the case and was responsible for the proceedings at the circuit courts on behalf of the State.
4. In the objective view of LINSOD, the refusal of bail to the demonstrators, who, whether or not have caused some minor destruction to public property, on one hand, and remanding them to re-appear in court after two weeks, on the other hand, are unusual, and obviously not normal. It is reminiscent of regimes of brutal dictatorships and authoritarian rule, which we thought we had moved away from since 1992 when the Fourth Republic was ushered in. It is because courts of justice in democracies, and in normal times, do not, and must never, subject mere demonstrators to the kind of ruling made by the circuit courts in Accra yesterday that we have come to the conclusion that the hands of government is hugely behind this ill-treatment of the
demonstrators.
5. Again, the very fact that the Office of the Attorney General had run to the circuit courts-where the practice is normally for the police to represent the republic-and took over the prosecution, and prayed that the demonstrators be remanded instead of admitting them to bail as would reasonably be expected in a proper democracy where the rule of law works, reveals amply that the ruling NPP Government is behind the brutality of the demonstrators.
6. What shocks our minds is that the courts in this case sided with the government to subject the demonstrators to inhumane treatment, and abuse of their rights without even considering the cause the demonstrators were fighting for, which is the “galamsey” menace.
7. LINSOD, firstly as a body of lawyers, know that by law, the continuous detention of suspects before their trial, is tantamount to punishing them for the alleged crime of which they are charged, and before they are even convicted of same. Accordingly, bail must not be denied to suspects unless it is reasonably believed that they shall not reappear in court when they are on bail; or they shall interfere with the further investigation of the charges against them, among others. In this particular instance, some of the demonstrators who are held remanded into custody are pregnant women, children; asmathic and diabetic patients, who are no flight risk at all. Many of them are ordinary law-abiding Ghanaian citizens from responsible families
8. Again, LINSOD, as lawyers pushing for adherence to proper democratic tenets in Ghana, we know that nowhere in proper democracies, all over the world will demonstrators who have not murdered or assaulted anyone, and have not attacked law enforcement personnel, or cause and considerable and extensive damage to important public property are held in custody for more than 48 hours. The opposite can happen only in despotic regimes, which we thought we had moved away from in Ghana since over three(3) decades ago. Demonstrations, being essential tools for resistance, and for pressing home demands of a group of people in democracies, is to be encouraged, and one way of doing that is for the courts to protect demonstrators against the long arms of Government and the police.
9. The arrest and remand of the “Stop Galamsey” demonstrators is obviously intended to suppress the free assembly and free speech of citizens. It is a tactic by the Government of Nana Akufo Addo to send fears among other citizens who may have reason to demonstrate against the regime in an election year as this.
10. Our courts should have never advanced these motives of an authoritarian government. Our courts are supposed to be on the side of democracy, and for that matter, on the side of the demonstrators. This is why LINSOD believes that it was wrong for the demonstrators in question to be refused bail by a court in a democracy such as ours, where we believe the rule of law must be supreme.
11. It is pathetic that the authorities in Ghana have not learned any lessons from citizens uprising in neighbouring countries. Such uprisings invariably, start, as happening here, by a first demonstration, during which the police shall be high-handed and arrest demonstrators unnecessarily, and the courts would refuse those arrested bail, all with the intention to suppress any further action by the people.
Unfortunately, these methods do not work any longer when the people have had enough. The methods rather escalate the resistance, and eventually, it snowballs into something dangerous, but which could have been avoided if the authorities had decided to be cautious and chose to engage the demonstrators instead of brutalizing them.
12. In order to avoid any escalation in the near future, we of LINSOD hereby call on the Ghana Bar Association (GBA) and other Civil Society Organizations to join us in demanding for the immediate release of the demonstrators to their families. This shall serve our democracy better.
LONG LIVE OUR DEMOCRACY. LONG LIVE LINSOD LONG LIVE GHANA.
ERIC DELANYO ALIFO, ESQ. PRESIDENT, LAWYERS IN SEARCH OF DEMOCRACY
THEOPHILUS DZIMEGA JR ESQ SECRETARY, LAWYERS IN SEARCH OF DEMOCRACY
END
FOR ALL MEDIA ENGAGEMENT, PLEASE CALL:
ERIC DELANYO ALIFO ESQ., PRESIDENT 0249016517 (ENGLISH ONLY)
THEOPHILUS DZIMEGA ESQ., SECRETARY 0544338321 (ENGLISH ONLY)
SADAT HARUNA ALHASSAN, ESQ 024 975 9698
JOHN NDEBUGRI ESQ 024 483 1350
Source: Elvisanokyenews.com
