JFAP holds pre-trial sitting at Kumasi Central Prison 

JFAP holds pre-trial sitting at Kumasi Central Prison 

The Justice for All Program (JFAP) has held an in-prison court sitting in the Kumasi Central Prisons under the supervision of Justice Afia Serwaa Asare-Botwe, an Appeals Court judge. 

The court heard about 41 pre-trial cases, some of which included murder, manslaughter, conspiracy to commit robbery, stealing, and others. 

Four prisoners on remand were discharged from prison, 15 were granted bail, one was referred for psychiatric treatment, and three cases were dismissed. 

Additionally, nine of the inmates were convicted, and 12 refused bail or bail variation as their court hearings were ongoing and bail terms were befitting. 

The JFAP is to fulfil Article 14(4) of the 1992 constitution, which allows a person who is arrested, restricted or detained and is not tried within a reasonable time to be released under relevant conditions. 

The program ensures the reduction or eradication of overcrowding in the prisons, which forces inmates to sleep in very dehumanising positions in their prison cells. 

During the trial, it was revealed that some inmates on remand had served about seven years in prison, without or while awaiting trial, and others had their files or dockets missing or untraceable. 

Again, the cases of other inmates have been struck out, but they were still being detained or remanded in custody without their knowledge. 

Justice Asare-Botwe noted that the inception of the JFAP in 2007, under the leadership of Chief Justice Georgina Theodora Wood, had led to significant improvements in prison decongestion. 

She disclosed that information from the Ghana Prison Service Records Unit indicated that the remand prisoner population rate had decreased to 12 per cent, compared to 33 per cent recorded at the beginning of the JFAP in 2007. 

Justice Asare-Botwe acknowledged the contributions of the Criminal Justice Institutions, such as the Office of the Attorney-General, Legal Aid Authority and Civil Society groups, as the Perfector of Sentiments (POS) in the achievements made so far. 

However, she admonished criminal investigators and judges to be proactive in their work to prevent suspects awaiting trial from being remanded for so many months or years. 

“From the court proceedings today, I can only admonish Criminal Investigations Departments and investigators to be active in their work and not to leave the vulnerable remand inmates to languish in prison for months and in some cases, years,” said Justice Asare-Botwe. 

She said the judicial service was determined to propose pragmatic ways of improving the administration of jury and criminal trials in general to minimise congestion in prisons. 

Justice Asare-Botwe said, “The Judiciary will provide support for the operationalization of Section 162 (A) of Act 1079 on Plea Bargaining per Criminal and Other Offences (Procedure) Act 1960, (Act 30) as Amended.” 

She also appealed to Civil Society Organisations and private legal practitioners to assist persons caught in conflict with the law within the criminal justice system with pro bono legal representation to address challenges within Ghana’s Criminal Justice Architecture. 

“Again, on behalf of the Judges and staff of the Service, I thank the Chief Justice for this opportunity to serve the inmates in the Kumasi prisons, especially those who have been discharged and granted bail to reconcile with their families after being restricted in prison custody,” she said. 

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