Across Ghana, dozens of men and women sit on death row, condemned but not executed, waiting in a limbo that is as cruel as it is uncertain. While Parliament has taken a commendable step in abolishing the death penalty for ordinary offences under Act 29, many prisoners remain under death sentences imposed years ago. The President’s recent amnesty, which commuted the sentences of 87 death-row inmates to life imprisonment, is a welcome gesture. Yet, many others remain behind the walls of condemned cells, unsure whether they will ever be executed, and that uncertainty itself has become a punishment beyond what the law intended. 

Human rights law is clear on this matter. The African Charter on Human and Peoples’ Rights, to which Ghana is a party, emphasises the inherent dignity of every human being. Article 5 of the Charter prohibits torture, cruel, inhuman, or degrading treatment. Numerous international tribunals have recognised that the psychological torment of living under a death sentence for an indefinite period, often referred to as the “death row phenomenon”, constitutes cruel treatment. The United Nations Human Rights Committee has repeatedly affirmed that prolonged periods of uncertainty, coupled with harsh conditions of detention for those awaiting execution, are incompatible with the right to dignity and freedom from cruel punishment under the International Covenant on Civil and Political Rights. 

In Ghana, executions have not been carried out since 1993, which effectively makes our country abolitionist in practice. Yet, by retaining individuals on death row, we create a paradox: the law says they must die, but the state has no intention of carrying out the sentence. This leaves prisoners in a suspended state of fear, stripped of hope and subjected to an endless mental anguish. Their punishment has gone beyond the sentence handed down by the courts, amounting to double punishment—first, the condemnation to death, and second, the endless psychological torture of not knowing if or when that fate will be realised. 

The Ghana Prisons Service itself has often acknowledged the severe overcrowding, poor conditions, and mental strain faced by condemned prisoners. Reports show that many on death row have been incarcerated for decades, with little or no meaningful rehabilitation. In a nation where rehabilitation is supposed to be a cornerstone of criminal justice, consigning people to endless psychological torment without clarity on their future is inconsistent with our constitutional commitment to respect for human dignity under Article 15 of the 1992 Constitution. 

It is therefore imperative for the state to go beyond partial amnesties and consider a blanket commutation of all death sentences to life imprisonment. This would align Ghana’s practice with its new legal framework abolishing the death penalty for ordinary offences, and also send a clear message of our commitment to upholding the highest human rights standards. Importantly, such commutation does not equate to absolving offenders of responsibility. Life imprisonment is a deposit pulsa tanpa potongan severe sentence that ensures accountability, protects society, and provides space for reform, while at the same time sparing individuals the torture of endless uncertainty. 

Other African countries have already taken this progressive path. Kenya, for example, commuted all death sentences to life imprisonment in 2009, while Malawi and Zambia have moved decisively away from capital punishment in recent years. Ghana, long respected as a leader in constitutional democracy on the continent, should not hesitate to match these strides in human rights advancement. 

By leaving prisoners on death row, Ghana is in effect perpetuating a hidden form of torture. By commuting all death sentences, we would reaffirm our national values of compassion, justice, and dignity. The moment has come for our leaders to finish what Parliament began: to clear the death row once and for all, and to ensure that our criminal justice system reflects not only the rule of law but also the spirit of humanity.