The Commonwealth Human Rights Initiative (CHRI) Africa Office has raised serious concerns over the actions of the Ghana Police Service (GPS) during and after the arrest of protesters of Democracy Hub, during the recent #ReoccupyJulorbiHouse and #StopGalamseyNow protests.

In a statement on Friday, September 27, CHRI stated that the protesters aim was to express dissatisfaction with illegal mining, or "galamsey," activities in the country and condemned their unlawful act of removing police barricades and clashing with officers as 'unruly.'

It explained that the right to protest is guaranteed under the 1992 Constitution Article 21(1)(d) which specifically grants all citizens the freedom of assembly and the right to participate in demonstrations.

However, CHRI criticised the Police for consistently undermining this right by focusing on enforcing the Public Order Act (1994) to prevent peaceful protests.

The CHRI noted that the police unlawfully detained 44 protesters on the second day of the demonstrations, which were peaceful at the time, noting that many of those arrested were denied access to legal counsel and kept in custody beyond the constitutional 48-hour limit.

"Some were taken to unknown locations and/or moved around at short intervals making it impossible for their relatives to trace them; media reports indicate a four (4) month-old pregnant woman is still in Police custody despite protestations from her family that she is pregnant. 

"As if that is not enough, some bystanders were also arrested despite not being part of the demonstration. As at 25 September 2024, some protestors had not been arraigned before the law courts at all and reports indicate that the Police have refused to release information on their whereabout as demanded by lawyers, civil society groups and other interested parties," part of the statement read. 

In light of this, the organisation stressed that while the police have the right to arrest individuals who break the law, they must do so within the framework of legal and constitutional procedures.

The CHRI said that the actions of the GPS violate various Articles of the Constitution, including Article 14(1), which protects personal liberty, and international standards.

The CHRI also criticised the overwhelming police presence during the protests, which involved fewer than 100 demonstrators, describing it as a deliberate attempt to intimidate protesters.

The organisation expressed concern that the Office of the Attorney-General and Ministry of Justice, in collaboration with the police, had initiated criminal proceedings against some of those arrested, many of whom were denied bail and remanded in police custody.

CHRI urged the Office of the Attorney-General and Ministry of Justice and the courts to expedite all legal proceedings and ensure that the rights of the accused are fully respected.

Additionally, CHRI called for several actions, including an immediate investigation by the Commission on Human Rights and Administrative Justice (CHRAJ) into the abuse of the protesters' rights, sanctions for police officers found culpable, and increased public education to promote tolerance for divergent opinions.

The organization also recommended retraining police officers in crowd control techniques that comply with human rights standards and called for the establishment of an Independent Police Complaints Commission (IPCC) to investigate instances of police abuse.