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Ghanaian convicts
to serve in Ghana
By Kweku Asare, ACCRA
Accra, July 21, Ghanadot – Ghana’s Parliament has passed a
law that will make it possible for Ghanaians convicted
abroad to serve their sentences here in Ghana while making
it possible for foreign nationals to also serve their terms
n their home countries.
Known as the Transfer of Convicted Persons Bill, or
“Amoateng Bill,”
as some see it as the government's desire
to see friends convicted outside Ghana to come home,
and in the words of Mr Alfred Kwame Agbesi of the Minority
NDC, “enjoy.”
The bill becomes a full fledged
law when President John Agyekum Kufuor signs it.
But it is well known that the
Bill is borne out of the desire
of the Commonwealth Secretariat to
facilitate the ease of transfer of
convicted prisoners where
extradition does not respond to the transfer of convicts.
The debate on the bill was non-partisan, the passage of the
bill was preceded by days of heated arguments and sharp
division in the House, where Mr Speaker had to defer some of
the debate sometimes.
Those against the bill said it was a waste to spend
resources on transporting convicted Ghanaian prisoners back
home.
They argued that the country's prisons were already choked
with a large number of prisoners sharing limited facilities.
Members who supported the bill, however, countered those
arguments, saying convicted Ghanaian prisoners were kith and
kin and needed support from fellow countrymen.
A report of the Committee on Legal, Constitutional and
Parliamentary Affairs presented to the House said: "The
Commonwealth Secretariat proposed the scheme. "So far not
less than 25-member countries of the Commonwealth have
enacted legislation in this regard," the Report added.
It explained that President Kufuor continues to receive
persistent request during his visits abroad from citizens.
The introduction of the Bill was informed by such concerns,"
it explained, adding that the Extradition Act 1960, (Act 22)
only permitted a person accused of an offence committed
outside Ghana to serve the term of imprisonment in Ghana
where the Republic of Ghana has an extradition agreement
with the other country.
"Further to this, the request for extradition of the accused
person can only be made where the act or omission in
question constitutes an offence in both jurisdictions."
The above specified conditions for the transfer of accused
or convicted person under the Extradition Act poses severe
limitation, according to the report.
While this is on, it is obvious that the number of Ghanaians
serving prison terms outside is not known, however, it is on
record that there were over 100 prisoners from Ghana in
Thailand prisons in relation to narcotic crimes.
Kweku Asare, ACCRA, July 21, Ghanadot
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