‘Build rapport with protestors, don’t see them as troublemakers’ – CHRAJ to law enforcement agencies

• Posted on September 28, 2023September 28, 2023
• by Nana Kwesi Coomson
• Comment

The Commission on Human Rights and Administrative Justice (CHRAJ) has entreated the police and other law enforcement officials to endeavour to build a rapport between them and protesters as citizens.

Commissioner Joseph Whittal said the agencies doing this will enable them to appreciate the rights of such protesters and not see them as troublemakers to facilitate trouble-free demonstrations.

In a press release issued on Wednesday, September 28, the Commissioner among others also recommended that “Law enforcement agencies in all their considerations must facilitate the realisation of the freedom of assembly and other protected rights unless restrictions are reasonably necessary in a democratic society.”

On Thursday, September 21, the police announced that they had arrested 49 people who showed up within the vicinity of the Jubilee House and the 37 Military Hospital to participate in the #OccupyJulorBiHouse demonstration.

In a press statement, the police indicated that these suspects were taken into custody for unlawful assembly and violation of the Public Order Act.

The police noted that the arrested persons disregarded court documents served on the organisers, Democracy Hub, to refrain from embarking on the planned demonstration.

“We would like to state that the Police do not take delight in preventing any group from demonstrating as the Service has a track record of providing security for demonstrations in the past. The exception, in this case, is the Police disagreement with the organisers on the venue, the Jubilee House, being a security zone,” parts of the statement read.

The police urged the general public to disregard any invitation to take part in any “unlawful” demonstration until the determination of the matter by the court on September 26, 2023.

But lawyer and former Tamale Central MP, Inusah Fuseini, criticised the police over the arrest.

Speaking in an interview on JoyNews’ Newsfile on Saturday Inusah Fuseini said the police should not have arrested without a warrant.

“The Public Order Act is a 10-section Act …offences under the Act have been provided. The person who commits the offence under the Act has been provided. The power of the police to arrest without a warrant has been provided so in any other offence under the Act, it must be on notice. You must issue a criminal summons, the only time that the police have the power to arrest without a warrant has been provided,” he explained.

For this reason, he said, “What the police had done, arresting the people without a warrant was clearly unlawful.”

Adding its voice to condemning the actions of the police, CHRAJ reminded the police that the Constitution grants citizens the freedom to assemble (otherwise known as the right to protest or the right to demonstrate).

“The Commission sadly notes that the Police response over the years against protesters has been disproportionate and leaves much to be desired,” it said.