Francis Agyare, a 46-years-old man who was unlawfully detained for 14 years is to be paid compensation of GHC 240, 000.
The Human Rights Division of the Accra High Court has awarded him damages at a sitting on Thursday.
The presiding judge of the court, Justice Essel Kofi Mensah ruled that Agyare was unlawfully detained, a violation of his human rights.
Citi News’ reporter, Abdul Karim Naatogmah reported that the judge “awarded him [Agyare] damages of GHC 240,000.
Elated Francis Agyare told Citi News he was grateful to almighty God for blessing him with such an amount.
He however, said money was not his major priority pursuing the matter in court but that he needed justice to prevail.
He also accused the police who arrested him of unprofessional conduct and advised security operatives in the country to be apt in their operations.
According to him, his wife and son died out of frustration when he was imprisoned and that the compensation could not resurrect them.
His right eye was also affected during his incarceration at the Nsawam Prisons.
His elderly son, Yaw Agyare 27 told Citi News the family was glad that justice was delivered in favor of his father.
Francis Agyare’s lawyer, Francis-Xavier Kojo Sosu cautioned the police against acts amounting to human rights violation.
Agyare was arrested on January 5, 1994 in James Town and was kept on remand at the Nsawam prisons for 14 years without trial.
He was released in 2008 by Justice Quartey under the Justice for All Programme.
Below is the Judgement
That Francis Agyare’s arrest and detention for over fourteen (14) years without trial was in fragrant breach of his right to personal liberty (Article 14(1), he was also not informed of reasons for his arrest or detention in breach of (Article 14(2) and (Article 19 (2d) his right to human dignity which is inviolable was also breached under (Article 15 (1) and his right to a fair trial within a reasonable time was violated under (Article 19 (1) and finally his right to freedom of movement (Article 21 (g).
Again that Francis Agyare’s arrest and detention is a nefarious violation of his rights to liberty not only under the 1992 Constitution but also under the various human rights charters to which Ghana is a signatory such as; The United Nation’s Universal Declaration of Human Rights (UDHR)- particularly (Article 3 on Rights to life, liberty and security of person, Article 9 on Freedom from arbitrary arrest and detention, Article 10 on Right to fair trial, Article 11 (1) on Right to be presumed innocent until proven Guilty): His arrest and detention for over 14 years without trial was also in violation of The International Covenant on Civil and Political Rights (ICCPR)- particularly (Article 9 on right to Liberty and Security of person including freedom from arbitrary arrest, the right to be informed at the time of arrest, of the reasons for arrest, the Right to be brought promptly before a judge and be entitled to a trial within a reasonable time or to release and Article 14 (1&2) on fair hearing and rights to be presumed innocent until proven guilty.
Francis Agyare’s arrest and detention was also in breach of the African Charter on Human and People’s Right (ACHPR) particularly (Article 5 on the right to dignity, Article 6 on the right to Liberty and Security of the person, Article 7 on the right to fair trial.) as well as breach of the Darkar Declaration and Recommendation on the Rights to a Fair Trial (1999) on the scope of the standard to be met in right to a fair trial.
An order directed at the State to pay Francis Agyare an amount of two hundred thousand Ghana cedis (GHC 200,000.00) as compensation for his unlawful arrest and detention for more than 14 years in compliance with (Article 14 (5) of the 1992 Constitution, Article 9(4) of the International Covenant on Civil and Political Rights (ICCPR).
By: Evans Effah/Abdul Karim Naatogmah/citifmonline.com/Ghana