POLICE AND HUMAN RIGHTS FINAL YEAR THESIS

6



xii












KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY
COLLEGE OF ARTS AND SOCIAL SCIENCES
FACULTY OF SOCIAL SCIENCES
DEPARTMENT OF HISTORY AND POLITICAL STUDIES


TITLE
POLICE AND HUMAN RIGHTS: A CASE STUDY OF KUMASI METROPOLIS.



A DISSERTATION SUBMITTED TO THE DEPARTMENT OF HISTORY AND POLITICAL STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF A BACHELOR OF ARTS DEGREE (BA HONS).

BY


ADU-TAKYI CYNTHIA
AGYEMANG JACQUELINE NYARKO
AGYEMANG YAW NSIAH
AMOABENG BOAMAH BARBARA
ASAFO AGYEI STEPHEN

MAY, 2013.

DECLARATION
We declare that we have under supervision, undertaken the study herein submitted and that this research is original and from field study except any secondary data used for the study which have been referenced accordingly.


……………………... NAMES SIGNATURES
DATE ADU-TAKYI CYNTHIA ...............................
AGYEMANG J. NYARKO ..................................

AGYEMANG YAW NSIAH ……………………..

AMOABENG B. BARBARA …................................

ASAFO AGYEI STEPHEN ................................



SPERVISOR'S DECLARATION
I declare that I have supervised that work herein submitted and confirm that the students have my permission to present it for assessment.
SUPERVISOR DATE SIGNATURE
MR. AMINU DRAMANI ……………………… ……………………



DEDICATION
This work is dedicated to the Almighty God for his guidance and knowledge he gave us throughout our research. It is also dedicated to all who helped us make our work a success.
























ACKNOWLEDGEMENTS
Thanks to the Almighty God for His divine hand grace and mercy which have helped to make this study a success. Our heartfelt gratitude also goes to our supervisor Mr. Aminu Dramani through whose guidance, direction, corrections, instruction and cooperation the study became a reality. God richly bless you.
Our hearts go out to Kwame Owusu Sekyere Esq. and Osborn Freduah Agyemang Esq. for their expert and legal advice on the subject. Also our special thanks go to Brother Peter Bembir and the various Teaching Assistance of the Department of Political Studies for their assistance and advices which have seen this project work a reality.
Our next appreciation goes to the Public Relations Officer of the Kumasi Central Police Station; Corporal Godwin Ahiayo for his great contributions towards the success of this research. We say may God's blessings be upon you.












TABLE OF CONTENTS
CONTENT PAGES

TITLE PAGE……………………………………………………………………..i
DECLARATION………………………………………………………………..ii
ACKNOWLEDEMENTS……………………………………………………….iii
TABLE OF CONTENTS……………………………………………………….. iv
LIST OF TABLES………………………………………………………………v
LIST OF FIGURES………………………………………………………………vi

CHAPTER ONE 1
INTRODUCTION 1
1.0 BACKGROUND TO THE STUDY 1
1.1 STATEMENT OF THE PROBLEM
1.2 OBJECTIVES OF THE STUDY 5
1.3 ASSUMPTION OF STUDY 5
1.4 RESEARCH QUESTIONS 6
1.5 DEFINITION OF TERMS 6
1.6 SIGNIFICANCE OF STUDY 7
1.7 LIMITATIONS OF THE STUDY 7
1.8 RESEARCH METHODOLOGY 8
1.8.1 TARGET POPULATION 8
1.8.2 SAMPLE SIZE 8
1.8.3 SAMPLING TECHNIQUES 9
1.8.4 METHODS OF DATA COLLECTION 9
1.8.5 DATA ANALYSIS AND INTERPRETATION 10
1.9 ORGANIZATION OF STUDY 10
REFERENCES…………………………………………………………………………………………………………………………………………11

LITERATURE REVIEW…………………………………………………………………………………………………………………………….............12
CHAPTER TWO 12
INTRODUCTION………………………………………………………………………………………………………………………………12
2.1 HUMAN RIGHTS CONCEPTS…………………………………………………………………………………………………………12
2.1.1 SOCIO-LEGAL PERSPECTIVE ON HMAN RIGHTS……………………………………………………………………………………………………………………………….………….13
2.1.2 MORAL VERSUS LEGAL RIGHTS…………………………………………………………………………………………………………………………………………….14
2.1.3 HUMAN RIGHTS IMPLEMENTATIONS………………………………………………………………………………………………………………………..16
2.1.4 POLICE-CITIZEN COLLABORATION……………………………………………………………………………………………………………………………..19
2.1.5 CASES OF VIOLATION IN AFRICA…………………………………………………………………………………………………………………..…………………………20
2.1.6 CHALLENGES FACING THE POLICE IN GHANA…………………………………………………………………………………………………………………………………………..21
2.1.7 DILLEMMA OF POLICING…………………………………………………………………………………………..……………………………………………21
2.1.8 HUMAN RIGHTS ABUSE BY POLICE…………………………………………………………………………………………………………………………………………….22
2.1.9 ILLEGAL ARREST AND DETENTION……………………………………………………………………………………………………………………………………..22
2.2 THE POLICE AND THE USE OF FORCE………………………………………….………………………………………………………………………….………………….....23
2.3 EXCESSIVE USE OF FORCE…………………………………………………….……………………………………………………..24
2.4 FAILURE TO ACT ON COMPLAINTS………………………………………………………………………………………………..………………………………….26
2.5 POLICING AND HUMAN RIGHTS………………………………………………………………………………………………………………………………………………26
2.6 FEATURES OF DEMOCRATIC POLICING…………………………………………………………………………………………………………………….…………………….27
REFRENCES………………………………………………………………………………………………………………………………………30
CHAPTER THREE
INTRODUCTION…………………………………………………………………………………………………………………………………33
3.1 SECTION ONE: HISTORY OF POLICING………………………………………………………………………………………….33
3.2 MIDDLE AGES (400 AD-1600 AD)…………………………………………………………………………………….…………………………………………………………….36
3.3 POLICING IN GHANA…………………………………………………………….………………………………………………………………………………37
3.4 THE POLICE TODAY (AIMS AND OBJECTIVES OF THE POLICE)……………………………………………………………………………………………………………………………………………..38
3.5 SECTION TWO: PROFESSIONAL CODE OF ETHICS OF THE POLICE…………………………………………………………………………………………………………………………..………………..39
3.6 PROFESSIONAL CODE OF CONDUCT FOR THE GHANA POLICE SERVICE……………………………………………………………………………………………………………………………………..…….41
3.7 PROTECTION OF RI AND RIGHTS AND FREEDOMS OF PERSONS…………………………………………………………………………………………………………………………………………42
3.7.1 POLICING IN A DEMOCRACY, ETHICAL AND LOGICAL CONDUCTS………………………………………………………………………………………………………………………..…………….42
3.8 GENERAL ASPECTS ON POLICE ROLE IN PRELIMINARY INVESTIGATION……………………………………………………………………………………………………………………..…………43
3.8.1 THE POLICE TODAY……………………………………………………………………..……………………………………………………………………..43
3.8.2 NECESSARY STEPS TO TAKE WHEN CRIMES ARE COMMITTED…………………………………………………………………………………………………………………………….………43
3.9 GATHERING INFORMATION………………………………………………………………………………………………………..43
3.10 THE RIGHT TO REMAIN SILENT………………………………………………………………………………………………..44
3.11 RIGHTS OF ARRESTED PERSONS………………………………………………………………………………………………44
3.12 MODE OF ARREST………………………………………………………………..……………………………………………………………………………45
3.13 NOTIFICATION OF REASONS FOR ARREST…………………………………………………………………………………..45
3.14 ARREST WITHOUT WARRANT……………………………………………………………………………………..………………………………………………….45
3.15 SEARCH OF ARRESTED PERSONS…………………………………………………………………………………………….……………………………………………46
3.16 ARRESTED PERSONS TO BE TAKEN TO THE POLICE STATION……………………………………………………………………………………………………………………………………………46
3.17 AN ARRESTED PERSON IN POLICE CUSTODY ……………………………………………………………………………………………………………………………………….………………46
3.18 ARREST OF PERSONS EMPLOYED ON EMERGENCY SERVICES…………………………………………………………………………………………………………………………………………47
3.19 ARREST OF MEMBERS OF EMBASSIES, HIGH COMMISSION AND OTHER DIPLOMATIC COMMISSIONERS………………………………………………………………………………………………………………………………47
3.20 ARREST OF MEMBERS OF GHANA ARMED FORCES………………………………………………………………………………………………………………..…………………………..48
3.21 USE OF FORCE…………………………………………………………………………………………………………………………..48
3.22 JUSTIFICATION FOR USE OF FORCE………………………………………………………………………………………….………………………………………………….49
3.23 DEFINITIONS………………………………………………………..………………………………………………………………….49
3.24 DEESCLATION AND JUSTIFIABLE FORCE………………………………………………………………………………………………………………………………………………50
3.25 THE POLICE OFFICERS RESPONSIBILITY…………………………………………………………………………………………………….………………………….50
3.26 JUSTIFIABLE FORCE……………………………………………………………………………………………………..……………………………………….50
3.27 THE PRINCIPLE OF PROPORTIONALITY………………………………………………………… …………………………50
3.28 THREAT TO THE POLICE OFFICER………………………………………………………………………………………………………………….…………………………50
3.29 REQUIREMENTS TO BE MET WHEN JUSTIFIABLE FORCE IS USED…………………………………………………………………………………………………………………………………………….....51
3.30 SEARCH OF DWELLINGS, OTHER PREMISES AND PERSONS…………………………………………………………………………………………………………………………….……………51
3.31 SEARCHES WITHOUT WARANTS…………………………………………………………………………………………………………………………………………51
3.32 SEARCHES WITH WARRANTS………………………………………………………………………….……………………………………………………………52
3.33 DETENTION OF ARTICLE SEIZED…………………………………………………………………………………………………52
3.34 HOW TO CONDUCT A SEARCH…………………………………………………………………………………………………………………………………………….52
3.35 MAIN RULE, SEARCH IN DAY TIME AND EXCEPTIONS………………….………………………………………………………………………………………………….……………..52
3.36 SUMMONING TO ATTEND THE SEARCH………………………………………………………………………………………………………………..…………………………52
3.37 USE OF FORCE IF LOCKED ……………………………………………………………………………………………….………..53
3.38 PERMISSION TO SEARCH OR INSPECT IN A MILLITARY BUILDING…………………………………………………………………………………………………………………………………………53
3.39 SEARCHING WITH CARE………………………………………………………………………………….……………………………………………………………53
3.40 SEARCH SHOULD BE DONE IN THE PRESENCE OF COMPLAINTS…………………………………………………53
3.41 ARREST OR SEARCH SHOULD BE WITH THE COOPERATION OF LOCAL POLICE……………………………………………………………………………………………………………………………………………..53
3.42 BREACH OF DISCIPLINE………………………………………………..………………………………………………………………………………………54
3.43 INTERVIEWS…………………………………………………………………………………………………………………………………….56
3.44 GENERAL………………………………………………………………………..……………………………………………………………….56
3.45 HOW TO CONDUCT QUESTIONING AND INTERVIEWS………………………………………………………………56
3.46 VARIOUS TYPES OF INTERVIEWS………………………………………………………………………………………………..57
3.47 INTERVIEW OF A COMPLAINT……………………………………………………………………………………………………….…………………………….57
3.48 INTERVIEW OF WITNESS……………………………………………………………………………………………………………...............................58
3.49 SUSPECT OR DEFENDANT…………………………………………………………………………………………………………58
3.50 INTERVIEWS…………………………………………………………………………………………………………………………….58
3.51 INTERVIEWING CHILDREN………………………………………………………………………………………………………….58
3.52 VEHICLE AND BUILDING SEARCHES……………………………………………………………………………………………59
3.53 GUIDELINES FOR CONDUCTING BUILDING SEARCHES PRECAUTIONS……………………………………………………………………………………………………………………………….….59
3.54 BEFORE ENTERING………………………………………………………………………………………………………………………………………..60
3.55 GUIDELINE FOR CONDUCTING VEHICLE SEARCHES……………………………………………………………………60
3.56 TAKING COMPLAINTS…………………………………………………………………………..………………………………………………………61
3.57 INTERVIEWING VICTIMS (ADULTS)………………………………………………………………………………………………………………………………………….61
3.58 VICTIM STAGES………………………………………………………………………………….………………………………………………………..62
3.59 INTERVIEWING OF CHILDREN……………………………………………………………………………………………..…………………………………………62
3.60 THE CYCLE OF VIOLENCE………………………………………………………………………………………………………………………………………….64
3.61 HOW TO HANDLE SUSPECTS……………………………………………………………………………………………..…………………………………………64
REFERENCES…………………………………………………………………………………………………………………………………….65

DATA PRESENTATION AND ANALYSIS 66
4. INTRODUCTION 66
4.1 RELEVANCE OF THE INSTITUTION OF POLICE IN GHANA 66
4.2 HOW THE POLICE UPHOLD THE HUMAN RIGHTS OF PEOPLE 68
4.3 WHY AND HOW HUMAN RIGHTS ABUSES OCCUR (IF ANY) ON THE PART OF THE POLICE IN THE PERFORMANCE OF THEIR DUTIES. 71
4.4. The challenges facing the police institution in the discharge of its duties 75
REFERENCES…………………………………………… …………………………………………………………………………………………77
CHAPTER FIVE 78
SUMMARY, RECOMMENDATIONS AND CONCLUSION 78
5. INTRODUCTION 78
5.1 SUMMARY OF THE STUDY 78
5.2 RECOMMENDATIONS 80
5.3 CONCLUSION ……………………………………………………………………………………………………………………………86
BIBLIOGRAPHY………………………………………………………………………………………………………………………………………87
APPENDIX…………………………………………………………………………………………………………………………………………….90




LIST OF TABLES
TABLE PAGES
Table 1 Responses to the role of the police in the society…………………………........66
Table 2 Assessment of the role of the police…………………………………………….67
Table 3 Responses to how the police upholds the human rights of the people………….. 69
Table 4 Responses to the attempt by the police to use violence to arrest suspects………69
Table 5 Response to instances where the police detain suspects for more than the law requires……………………………………………………………………………………….72





LIST OF FIGURES

FIGURES PAGES
Fig. 1 Assessment of the role of the police……………………………………………........67
Fig. 2 Responses to how the police uphold rights of the people……………………………69
Fig. 3 Responses to the attempt by the police to use violence to arrest suspects…………..72
Fig. 4 Responses to instances where the police detain suspects for more than the law requires……………………………………………………………………………………...73

















CHAPTER ONE
INTRODUCTION
1. BACKGROUND TO STUDY
Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration. Thus, every individual in the society has the inherent right to be treated with dignity in all situations including arrested and keeping in custody by the police. Rights of an individual in police custody are protected basically by the Ghanaian Constitution and by various other laws like Code of Criminal Procedure and Protection of Human Rights Act. These rights are also recognized by various international documents like Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

The Police are the main law enforcement agency in Ghana. The service is under the control of the Ghanaian Ministry of the Interior. The Ghana Police Service was established to ensure maintenance of law and order, apprehension of offenders, detection of crime and generally for maintenance of internal peace and security.

Since the police play a vital role in a democracy not only with respect to maintenance of law and order but also in dealing with the rapid increase of crime rates in the criminal justice system, policy of police must strive to attain objectives like fairness, consistency, tolerance of minority views and other values which are inherent in a society. Being the visible symbol of state authority, police should see that their actions are not affecting the liberty and freedom of individuals and not infringing the basic human rights values of the suspects in custody, while fulfilling the avowed objectives of prevention and investigation of crimes.

There are frequent instances where the police, who are entrusted with the duty to enforce law and order, are violating the human rights. It is an admitted fact that when the police interrogate suspects in a crime, they employ third-degree methods. It includes torture either by not recording the arrest or deprivation of liberty in the guise of a prolonged interrogation. Experience shows that during the course of investigation, worst violations of human rights take place. Police is, no doubt, under a legal duty and has legitimate power to arrest a criminal, to interrogate him during the investigation of an offence but it must be remembered that the law does not permit use of third degree methods and torture of accused in custody during interrogation and investigation of the crime.

In modern democratic societies, the mechanisms of management of public affairs and governance are fairly precise and somewhat definitive. Three main organs of state are vested primarily with the power to administer the government. These are the executive, the legislature and the judiciary.
The executive power is vested in the head of state, usually the president or the prime minister as the case may be. For instance, section 58(1) of the 1992 Ghanaian constitution provides that: "The executive authority of Ghana shall vest in the President and shall be exercised in accordance with the provisions of this Constitution." The executive executes government policies. The overwhelming responsibilities and the complex nature of government businesses presuppose that the chief executive may delegate executive power to lower officials. Through delegation, the executive is able to maintain law and order in the society. The executive also ensures that there is peace and tranquility in the country; hence an attempt to cause a breakdown of law and order by any person or persons is usually promptly controlled by the security agents put in place by the government.
The irony is that the law enforcement officials and the security agents who are entrusted with the responsibility of maintaining law and order in the society sometimes breach the law which they have been sworn to uphold. For instance, officials may be too overzealous and in the process violate the rights of the citizens by subjecting victims to torture or other cruel, inhuman and degrading punishment.

In principle, the police represent public authority. It is one of the main lines of contact between the citizens and the state. It has the prerogative and monopoly in the use of legitimate force. As such, the function of the police officer is carried out in a context of intrinsic tension between, on the one hand, the need to maintain public order, which is necessary for the protection of human rights, and, on the other hand, the obligation of absolute respect for the person. While the police are one of the agents of protection of citizens' rights and peace, it is also exposed to the tendency of violating human rights. This places the police in a delicate situation. The manner in which it fulfils this role and operates in this field is crucial, as the proper functioning of the police is an essential element in the full implementation of human rights. Indeed, while a poorly trained, badly organized and 'ill-defined' police force is liable to violate human rights, one which operates with objectives that are adapted to societal needs and with clear values is more likely to give better service to society and to consolidate access to human rights for all citizens. (Jean Baptiste, 2000, p. 12).

Over the last two decades, the international promotion and protection of human rights related to law enforcement officials has progressed. International organizations such as the UN, the Council of Europe and NGO's like the International Red Cross ('ICR'), the International Commission of Jurists ('ICJ'), the Common Wealth Human Rights Initiative ('CWHRI') and AI have developed initiatives to address human rights violations by law enforcement officials. They have mostly concentrated upon legal frameworks, selection criteria, training curricula, capacity building, accountability mechanisms, ethical codes and training programmes. Even though from a normative perspective these contributions are valuable, they are harder to substantiate in an empirical sense. For example, in Guatemala in the 1990s after the civil war, police forces were reformed and a human rights framework was introduced, and yet the involvement of law enforcement officials in human rights violations persists (Glebbeek, 2003, p.120). Does the promotion of human rights relate to social change in the form of increased compliance of law enforcement officials with human rights?

International Human Rights law is binding on all states (who are signatories to it) and their agents, including enforcement officials of which the police are no exception. Human Rights law protects the rights and freedoms of individuals and groups within societies. The police, as an institution of state are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people need to be aware of the human right standards they are required to meet, and the best practice in their fields of activity.
The process of upholding and respecting human rights by the police in the performance of their duties has proved to be a very challenging task for almost every country or state. Though the police are mostly expected to take the leading role in this process, the task as challenging as it is, requires the efforts of all stakeholders and institutions within the state. It is in view of this, that this study seeks to assess the extent to which the police respect the rights and freedoms of the individuals in Ghana.

1.1 STATEMENT OF THE PROBLEM
Policing is one of the means by which states can meet or fail to meet their obligations under international law; namely, to ensure respect for, and protection of, the rights and freedom of individuals within their jurisdiction. The extent to which some of these obligations are met depends largely on the attitude and behavior of police officials towards those individuals and groups with whom they interact in the process of policing at a personal level and on a daily basis.
This study therefore examines the extent to which the police respect the rights and freedoms of offenders of the law. The police, as an agency under the executive arm of government, play a major role in Ghana's democracy of which Human Rights plays an integral part. Assessing the extent to which the police in Ghana respects the rights and freedoms of the people in the performance of their duties is necessary. To have a fair assessment of the subject, emphasis will be placed on how arrests are carried out, interrogation of suspects and the general treatment meted to suspects in detention. Furthermore, efforts will be made to ascertain if the police know the basic human rights and freedoms of the citizenry.

1.2 OBJECTIVES OF THE STUDY
Generally, the study examines the extent to which the police in the course of discharging their duties respect the human rights and freedoms in Ghana.
Specific Objectives are:
To trace the history of policing in Ghana.
Discuss the relevance of upholding the human rights of offenders of the law.
Examine the relevance of the institution of police in contemporary Ghana.
Examine the challenges facing the police institution in the discharge of its duties.
Examine why and how human rights abuses occur (if any) on the part of the police in the performance of their duties.
ASSUMPTION OF STUDY
The study is based on the assumption that, the police violate the rights and freedoms of the people of Ghana out of ignorance.
RESEARCH QUESTIONS
What is the police institution and its role in society?
What role has the police played to promote or otherwise human rights?
Under what (if any) condition will the police abuse human rights?
Can the police discharge their duties without abusing human rights?
How does the role of the police relate to the protection of the rights of the people
1.3 DEFINITION OF TERMS
Human rights: Human rights are the universal, inalienable and indivisible rights that relate to human dignity which individuals are entitled to simply for being human, irrespective of their citizenship, race and language. The primary function of human rights within society is to challenge existing laws, norms, institutions or practices, while their implementation is dependent upon specific societal contexts. What is, however, expressed by the concept of human rights? To Donnelly, human rights are the rights that every man has simply because he or she is a human being (Donnelly, 2003, p.290). With their focus on the life and dignity of man, they are essentially moral rights. Although this point of view does not explain why individual people should have rights, it expresses a key human rights value, namely 'humanity'.
Police: The governmental department charged with the regulation and control of the affairs of the community which is established to maintain order, enforce the laws and also to prevent and detect crimes. It is that institution of state charged with the duty of maintaining internal peace, order and security.

SIGNIFICANCE OF STUDY

It is an irony that persons that have been entrusted with responsibility for promoting and protecting fundamental human rights are the major violators. The violation of the right not to be subjected to torture continues to be infringed on a daily basis despite various human rights instruments prohibiting it.

The research will bring to light, how Human Rights in Ghana is faring, the study is necessary for us to better appreciate the role the police plays in Ghana's Human Right. The research will bring to the fore where the police fall short in promoting Ghana's Human Rights and make recommendations, the research can be used as a point of reference for students and organizations who undertake similar study.

LIMITATIONS OF THE STUDY
The study was faced with a lot of challenges in carrying out the study. Among them were: The first challenge had to do with financial and time constraints since the researchers had to combine studies with the dissertation and also had to travel to the study areas for data collection.
Inadequate access to information for the research writing especially the appropriate literature was another challenge the study faced. Also, there was apathy on the part of the respondents especially the police personnel, where some were not willing to answer the questionnaires.
Another problem the study faced had to do with communicating in the local dialect which is Twi with some of the inhabitants who could not speak nor understand the English language.

RESEARCH METHODOLOGY
This part of the research gives an overview of the target population; sample size selected for the study, sampling techniques, method of data collection and data analysis and interpretation.

TARGET POPULATION
The study covered Kumasi metropolis in the Ashanti Region. The target population of the study was made up of twenty (20) police officers and eighty (80) inhabitants of Kumasi. In order to get well informed data, the study selected inhabitants who had lived in the metropolis for a minimum of two years. The reason behind the selection the police personnel's in Kumasi is such that, they are in the position to provide information in assessing the extent to which the police in Ghana respects the rights and freedoms of the people in the performance of their duties. The eighty (80) inhabitants provided information to the study concerning the performance of the police with regards to respect for human rights and freedoms. The inhabitants were selected using the purposive sampling technique. The study had a specific group in mind. It might not be possible to specify the population. They would not be known and access will be difficult. The study attempted to zero in on the target group, interviewing whoever was available.

SAMPLE SIZE
A total sample size of 100 respondents was used for this study, twenty (20) police officers and eighty (80) inhabitants of Kumasi.
SAMPLING TECHNIQUES
The sampling technique employed in this study was purposive or judgmental sampling. Purposive sampling is the sampling based on who will be appropriate based on the study. It is a non representative subset of a larger population and is constructed to serve a very specific need or purpose. The study had have a specific group in mind. It might not be possible to specify the population. They would not be known and access will be difficult. The study might attempt to zero in on the target group, interviewing whoever was available and decided to select people based on what it wanted. This sampling technique was used in the selection of the police officers and the respondents as well.
The study sought to gather information from a whole group of people (target population). The study could observe a part of the population. The findings of the sample were then generalized. Details of the steps involved in the selection of the eighty (80) inhabitants include:
Decision on the research problem.
Determination of the type of information needed.
Finding our informants based on defined qualities (adults who have stayed in Kumasi for a minimum of two (2) years.
Use of appropriate data collection techniques (example, questionnaires)
METHODS OF DATA COLLECTION
In gathering the relevant data for the study, the study employed questionnaires. A well opened and closed ended questionnaires were used in the study to permit a wide coverage for minimum expense both in money and effort. This method was used in obtaining information from some of the inhabitants and the police officers.


DATA ANALYSIS AND INTERPRETATION
Both Qualitative and Quantitative analysis were used to analyze the data collected. Quantitative analysis for this study employed the usage of Statistical Package for Social Sciences (SPSS). Statistical Procedure for Service Solution (SPSS) tools like frequency tables, cross tabulations, pie charts and graphs were used. With the use of SPSS, the study were able to draw analytical conclusions from the data collected. The information collected was coded using a special system of words, letters, and numbers that could be understood, and the results of the findings were analyzed using statistical charts, tables and percentages. The analysis helped in drawing conclusions by induction.

ORGANIZATION OF STUDY
The study is organized into five chapters. Chapter one deals with the introduction outlining the background of the study, statement of the problem, objectives of the study, assumptions of the study, area of study of the research as well as significance of the study. Research methodology, organization of the study will also be included in this chapter. Chapter two focuses on the review of existing literature related to the topic under study.
Chapter three consists of the history of policing and also, the professional codes of ethics of the police. Chapter four deals with the data analysis of the study and the discussion of the results. And chapter five which concludes the study consists of the summary of major findings, conclusion and recommendations.



REFERENCES
BOOKS
Glebbeeck, M. (2003), Human Rights Violations, Utrecht University.
International Covenant on Civil and Political Rights (1996).
Jack, D (2003), Universal Human Rights in Theory and Practice (2nd edition), Ithaca, NY: Cornell University Press.
Jean, B. (2003), Professional Codes of Ethics for the Police, Danish Institute of Human Rights.
The International Covenant on Economic, Social and Cultural Rights (1996).
The 1992 Constitution of Ghana.
Universal Declaration of Human Rights (1948).









CHAPTER TWO
LITERATURE REVIEW

2. INTRODUCTION

This chapter reviews the various literature that border on the activities of the police as they work to ensure respect for and the securing of the rights of the citizens. It draws from the history of policing in the works referenced and the development of the human rights concept which is the crux of policing in especially democratic nations including Ghana.
2.1 THE HUMAN RIGHTS CONCEPT
Human rights have been defined as basic moral guarantees that people in all countries and cultures allegedly have simply because they are people. Calling these guarantees "rights" suggests that they attach to particular individuals who can invoke them, that they are of high priority, and that compliance with them is mandatory rather than discretionary. Human rights are frequently held to be universal in the sense that all people have and should enjoy them, and to be independent in the sense that they exist and are available as standards of justification and criticism whether or not they are recognized and implemented by the legal system or officials of a country. (Nickel,1992:34).
The moral doctrine of human rights aims at identifying the fundamental prerequisites for each human being leading a minimally good life. Human rights aim to identify both the necessary negative and positive prerequisites for leading a minimally good life, such as rights against torture and rights to health care. This aspiration has been enshrined in various declarations and legal conventions issued during the past fifty years, initiated by the Universal Declaration of Human Rights (1948) and perpetuated by, most importantly, the European Convention on Human Rights (1954) and the International Covenant on Civil and Economic Rights (1966). Together these three documents form the centerpiece of a moral doctrine that many consider to be capable of providing the contemporary geo-political order with what amounts to an international bill of rights (Fagan, 2005).
Thus, the doctrine of human rights is ideally placed to provide individuals with a powerful means for morally auditing the legitimacy of those contemporary national and international forms of political and economic authority which confront us and which claim jurisdiction over us. This is no small measure of the contemporary moral and political significance of the doctrine of human rights. For many of its most strident supporters, the doctrine of human rights aims to provide a fundamentally legitimate moral basis for regulating the contemporary geo-political order. (ibid)

2.1.1 A SOCIO-LEGAL PERSPECTIVE ON HUMAN RIGHTS
Despite a human rights' link with philosophy, theology, international relations, political and social sciences, research on human rights is dominated by legal scholars (Freeman, 2002). For instance, the vast majority of academic journals on human rights are legally orientated. This is a consequence of the role that law fulfils in our contemporary world. In modern society, law has become a separate entity from other social phenomena. Laws function autonomously without relying on other structures. From a structural functionalist point of view it is considered to be an instrument of social control (Roach Anleu, 2000). Others following Foucalt's approach, find that law governs societies' relationships rather than exercising social control over them (Dahaher, Schirato and Webb on Foucalt, 2000). States or supranational structures use it as an instrument to create social change (Roach Anleu, 2000; Cotterrell, 1992). In that sense law has become a source of power for institutions. For human rights this instrumental approach is a way to guarantee basic respect for human dignity. A sociological perspective on law contributes to an understanding of how human rights law is implemented; thus explaining the interaction of these basic norms with society. Due to a gap between the theory of human rights and its practice, this is important. By acknowledging human rights as a social phenomenon, its relationship to overall society is considered. In doing so, human rights may be considered to be a social construction, a social institution or a way of governing social relations (Donnelly, 2003; Freeman, 2002). Human rights constitute a set of norms or standards constructed through legal or other structures, which regulate the interaction between those with and those without power. The very nature of creating rules to govern society is a means to regulate relations between human beings. Thus a social scientist focuses on different aspects of human rights than a legal scholar. As Cotterrell (1992: 5) put it, 'Law is a practical craft of systematic control of social relations and institutions. Sociology is the scientific enterprise that seeks systematic knowledge of them'. Despite these differences, both law and sociology are disciplines that are concerned with the rules and norms of behavior as expressed by human rights.

2.1.2 MORAL VERSUS LEGAL RIGHTS
The distinction drawn between moral rights and legal rights as two separate categories of rights is of fundamental importance to understanding the basis and potential application of human rights. Legal rights refer to all those rights found within existing legal codes. A legal right is a right that enjoys the recognition and protection of the law. Questions as to its existence can be resolved by simply locating the relevant legal instrument or piece of legislation. A legal right cannot be said to exist prior to its passing into law and the limits of its validity are set by the jurisdiction of the body which passed the relevant legislation. An example of a legal right would be a child's legal right to receive an adequate education, as enshrined within the Constitution of a state. Suffice it to say, that the exercise of this right is limited to the particular state and none other. The child has no legal right to receive an adequate education from a school board in a state other than where she comes from (ibid).
Legal positivists argue that the only rights that can be said to legitimately exist are legal rights, rights that originate within a legal system. On this view, moral rights are not rights in the strict sense, but are better thought of as moral claims, which may or may not eventually be assimilated within national or international law (ibid).
The existence and validity of a moral right is not deemed to be dependent upon the actions of jurists and legislators. Many people argued, for example, that the black majority in apartheid South Africa possessed a moral right to full political participation in that country's political system, even though there no such legal right existed. What is interesting is that many people framed their opposition to apartheid in rights terms (ibid).
What many found so morally repugnant about apartheid South Africa was precisely its denial of numerous fundamental moral rights, including the rights not to be discriminated against on grounds of color and rights to political participation, to the majority of that country's inhabitants. This particular line of opposition and protest could only be pursued because of a belief in the existence and validity of moral rights. A belief that fundamental rights which may or may not have received legal recognition elsewhere, remained utterly valid and morally compelling even, and perhaps especially, in those countries whose legal systems had not recognized these rights. A rights-based opposition to apartheid South Africa could not have been initiated and maintained by appeal to legal rights, for obvious reasons. No one could legitimately argue that the legal political rights of non-white South Africans were being violated under apartheid, since no such legal rights existed. The systematic denial of such rights did, however, constitute a gross violation of those peoples' fundamental moral rights (ibid).
From the above example it should be clear that human rights cannot be reduced to, or exclusively identified with legal rights and the police exist to protect both and especially the moral rights.

2.1.3 HUMAN RIGHTS IMPLEMENTATION
From a legal perspective, human rights implementation refers to the obligation of state and non-state actors to ensure compliance with human rights law. International and national human rights law imposes these obligations upon them. For example, the International Covenant on Civil and Political Rights ('ICCPR') requires a state to implement this particular human rights framework:
Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant. (Art. 2(2) of the ICCPR)
Thus one of the most important human rights treaties calls upon states to create measures, which guarantee respect for the basic norms, standards and values that are protected by this Covenant. As a consequence, active or passive involvement by state or non-state actors is supposed to guarantee adherence to human rights. Actively, by enforcing human rights through the creation of legal structures, monitoring mechanisms, awareness education, facilitating advocacy, establishing dialogues, allowing access to justice, training specific groups and spreading information. Passively, this is accomplished by refraining from interfering with the active enjoyment of human rights.
Nevertheless, by concentrating upon the state as the prime actor for the protection and effective realization of human rights, dilemmas are created. This perspective on human rights implementation focuses on the rather classic view of state-citizen relations (Donnelly, 2003). However, in the case of non-state actors, how can compliance with human rights be ensured? In addition to these considerations, it is vital to be aware of the complexities of enforcing human rights implementation against the will of state or non-state actors.
Human rights implementation takes place on an international, national and local level. International human rights implementation mostly occurs through the UN or regional human right systems. Although their role is mostly supervisory, their instruments have preventive as well punitive characteristics (Nowak, 2003). With these mechanisms, and assisted by NGO's, international bodies stimulate the enforcement and protection of human rights. Treaty bodies, for example, call for governments to submit reports on their national human rights situation. This is often supplemented by reports of civil society. In response, a treaty body will make comments and recommendations. A report of a Special Rapporteur might follow-up on this. If the situation does not improve, stronger measures such as sanctions could be initiated. In spite of this extensive framework of possibilities, it is significant to be aware of the related political factors. For instance, the implementation of human rights by the UN is a process that is subjected to political pressures (Freeman, 2002). This leads to selective attention to human rights problems, political bargaining and delays in the implementation of human rights. Although there are possibilities on an international level to enforce human rights, for political reasons these are used with caution (Nowak, 2003). Despite this international human rights framework, implementation on a national level dominates. To quote Donnelly (2003: 34), 'Human rights norms have been largely internationalized, their implementation, however, remains almost exclusively national,' thus stressing the national character of realizing respect for human rights. Because it demonstrates that particular society's commitment, implementation within national states prevails. Yet how do states put human rights into practice? Most have ratified binding international treaties and subsequently codified them directly or indirectly into national law. In some countries they become part of the constitution, while in others separate laws are developed. As such, international human rights law is translated on a national level. Nonetheless on a societal level respect for human rights is not only dependent upon laws, but also an effective organization, infrastructure, fair administrative procedures and a widespread culture of rights that reflects respect for human rights norms, values or standards (Halliday and Smith, 2005).
Although legal recognition of human rights is often a first step, it is through other structures that social change is realized; the reason being that changing (individual) behavior is complex (Cotterrell on Dror, 1992). Indirectly, the creation of structures like social institutions or institutional frameworks encourages the actual social change (Dror, 1971). Consequently, an indirect rather than a direct usage of law, including human rights law, facilitates how they are put to use. Hence from a socio-legal perspective human rights implementation seeks to influence social behavior with the ultimate objective to have people comply with the norms, values or standards that human rights law portrays.
Implementing human rights remains complicated. The problem with human rights is that it is not clear which community they address and which remedies they provide (Ignatieff, 2000). There are no clear-cut solutions to successfully increase respect for human rights. Yet in order to understand human rights implementation, it is relevant to consider the societal context. Thus the kind of structures that are initiated to realize respect for human rights norms, values and standards is related to how society operates. Their effectuation, however, depends on how and in which part of society they are put into practice. For example, human beings can be prevented from issuing complaints about police violence. As a consequence, individual protection and human rights implementation are affected. Throughout the globe large groups of people are socially excluded and de facto they are not able to take part in formal society. Brazil's favelas are no-go areas for the police. Because residents have no confidence in the state's capacity to guarantee their right to security, they opt to do it themselves (Dowdney, 2003; Caldeira, 2001). In addition, the implementation of human rights varies according to the organization and resources of different states.

2.1.4 POLICE-CITIZEN COLLABORATION
Collaboration between the public and the police is seen as one potent mean to safeguard the lives of the people in the various communities thereby protecting their rights from being violated. This underscored the introduction of community policing in Ghana
Community Policing is an emerging concept in policing which seeks to bridge the communication and interaction gap between police institutions and the communities that they serve. It aims at encouraging the establishment of a close relation with civil societies in order to give the police an opportunity to understand and appreciate the security needs and concerns of the various societies in which they operate. This method of policing leads to a situation where the police can work in partnership with local people to identify potential problems and take proactive steps in responding to them (ghanapolice.net, 2013).
Implementing a more democratic approach to policing provides positive benefits for the community, for police officers, and for the police organization. One benefit is a stronger sense of safety in the community. Another benefit is that crimes are more likely to be prevented and solved. As the public begins to see the police as allies in keeping the peace rather than instruments of oppression, they are more willing to share information that can help to prevent and solve crime (CHRI, 2007).



2.1.5 CASES OF VIOLATION IN AFRICA
One of the reasons why human rights are frequently violated is the grant of arbitrary powers to the security forces by the 'black laws' such as the National Security Act, the TADA and the Armed Forces (Special Powers) Act etc. The National Security Act which provides for preventive detention, may be necessary in some cases in terrorists affected areas when witness are unwilling to come forward to give evidence, but even in such cases the Act must be used very sparingly and that too by responsible and highly placed officials. The other 'black laws' are not necessary even where terrorism prevails. Laws like the National Security Act and TADA have been, however, extended to areas which are free from insurgency (Tarkunde, 1992).
Sometimes the police rally around the government and maltreat the very citizens they are to protect and this mostly occurs in authoritarian regimes.
According Reuters report, Sudanese security forces blocked activists trying to deliver a petition criticizing the government to the country's human rights commission, drawing a rare rebuke from the state-appointed body. Before the activists arrived, police and plain clothed security agents, some armed with batons, pulled up in cars and spread out at the front gate to bar entry to the commission. Security agents beat several activists and also journalists covering the protest and grabbed placards held up by the protesters. Staff at the commission, whose head was appointed by Bashir, came out of the building to ask police to let the activists deliver their letter, but police refused (Reuter, Dec 30, 2012).
.Sudanese police fired teargas on university students in early December after four days of protests which followed the death of four students from Darfur. The demonstrations were the most sustained to hit Sudan after a wave of protests against government austerity measures in June (ibid).
2.1.6 CHALLENGES FACING THE POLICE IN GHANA
The present conditions of the services are deplorable. It is woefully undermined, ill-trained and ill-equipped. Its motivation is almost zero and its morale low." (Archer Commission,1997).

"If you put a hungry and angry person in a classroom, you won't be able to teach them. Newly trained constables are crammed into sleeping areas with no bathroom, kitchen or toilet facilities.
The system doesn't respect the dignity of police officers or their rights."- Superintendent Paul Aviyu, Ghana Police Service 97

2.1.7 THE DILEMMA OF POLICING
Police must apply minimal force to achieve the same goal of protecting the rights of the citizenry.
"The role of the police is to help achieve that social and international order. They must, for example, uphold the laws that safeguard the lives of citizens. There should be no conflict between human rights and policing. Policing means protecting human rights" (Sydney, p.1, 2007).

- Independent Commission on Policing for Northern
An effective police service is one that serves as the first line of defense in the protection of human rights. Its members carry out their work in a way, which does not rely upon fear and raw power but on the contrary on the regard for the law, honor, and professionalism.


2.1.8 HUMAN RIGHTS ABUSE BY POLICE
The police are the first, and often the only, experience that people in the community have with the criminal justice system. Unfortunately, in Ghana this experience is marred by widespread corruption, illegal arrest and detention, excessive use of force and a failure to respond to complaints. These are all hallmarks of a regime-style police force that is not held accountable for its actions (CHRI, 2007).

According to the Chronicle Newspaper report, when cases are reported at police stations, it often becomes an opportunity to collect bribes. They create the impression that they cannot help much; sometimes advising victims to go home and let sleeping dogs lie. But immediately some few thousand cedis change hands they come alive with enthusiasm to attend to the work for which they are paid with taxpayers' money." (Ghana Police Service 2007).

"Over the years, the image of the Ghana Police Service has been synonymous with bribery and corruption. A recent corruption perception survey conducted by Ghana Integrity Initiative, the local branch of Transparency International, indicates that the Ghana Police Service is unrivalled as far as corruption is concerned." (Ghana Web 2006).

2.1.9 ILLEGAL ARREST AND DETENTION
There is no doubt that such actions interfere with the fundamental rights of citizens who are protected by Article 8 of the European Convention. In the same way, the International Covenant on Civil and Political Rights, in its Article 17, sets out that no one may be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.

Illegal arrest and detention is the most common police related complaint made to the Commission of Human Rights and Administrative Justice. The Constitution requires that a person is not detained for more than 48 hours before being produced before Court; this is routinely contravened. An example of the misconduct that takes place was reported in the Chronicle newspaper in May 2006, where police in the Volta region had arrested a man on suspicion of theft. The suspect was detained for three and a half days, was refused bail and was not given the opportunity to appear before a court within 48 hours (Tamakloe, 2006).

The Center for Public Interest Law, a Ghana based civil society organization, has been running a program that looks at remand prisoners and suspects and their access to justice (Agbewode 2006, p.10). The project has revealed that detainees are not routinely brought before a court within 48 hours – and in some instances, police officers deliberately circumvent the rule by making arrests on Friday night, which means that they can keep suspects in prison over the weekend. The same project found that arrest is used as an investigative tool, rather than as a conclusion based on the results of an investigation – when multiple suspects are identified, the police often arrest them all (Atuguba, 2006, p.24).

2.2 THE POLICE AND THE USE OF FORCE
Police are authorized by law to use force. However, in many dictatorships, one party states, and even in some democracies, police powers are misused as instruments of the ruling regime to maintain control over the population at large (CHRI, 2007).

In police systems that are accountable, the use of force is regulated and must be exercised within the context of larger legal frameworks such as international law and state obligations, domestic law relating to policing, individuals' rights and the operation of the criminal justice system. Policing is also constrained by professional regulations, codes of conduct and rules, as well as the law of the land as it applies to every citizen (ibid).


2.3 EXCESSIVE USE OF FORCE
Excessive use of force is a fact of Ghanaian policing – and this is evidenced by blood let on the streets, wounds carried by victims and graveyard plots (ibid).

Excessive use of force is a fact of Ghanaian policing – and this is evidenced by blood let on the streets, wounds carried by victims and graveyard plots. Excessive use of force has a number of faces – in 2006, there were a series of high profile shootings, where innocent members of the community were killed by police, who later claimed that they had suspected the victim was an armed robber. The stadium riots in Accra in 2001 showed the police organization's inability to deal with crowd control without resorting to excessive use of force; in the aftermath of the police response 126 people were killed (ibid).

Early in the morning of 26 April 2006, in Dansoman, a residential area of Accra, police shot at a taxi killing all four occupants. The women in the taxi had been robbed and were in pursuit of the men who robbed them. Shortly after, police flagged the cab and when it did not stop they opened fire. Barely a month after this incident, a police officer shot and killed a 26-year old man in Kotobabi, a suburb of Accra, claiming that they suspected he was an armed robber (Atuguba, 2006, p.24). The police further claimed that he had died as a result of a gun wound to the leg; his family examined the body and claimed that he also had a bullet wound to the head.

When the family demanded a post-mortem be conducted to identify a cause of death, the police demanded a payment of 500,000 cedis to perform the procedure. A Sergeant working at the police station said that this money was partly to pay the pathologist, and partly for bribes to get the autopsy approved. Family, friends and witnesses all disputed the police version of events, saying that the victim had not shot at police (they claim a gun found on his body was planted by police) and was an extremely unlikely suspect for armed robbery (Foley, 2006).

In January 2006, the Chronicle newspaper reported that a suspect held in police detention had been tortured into a comatose state. The paper reported that the police beating started at the suspect's home, where he was taking a bath. The victim claimed that he was beaten in his bathroom by four police officers armed with batons and a machine gun, kicked as he was moved to the police station, and then beaten with batons at the station. He was then left in a cell until concerned inmates raised an alarm that he was seriously injured. The police response was to douse him with water and then, when he failed to regain consciousness, transfer him to a hospital (Frimpong 2005).

In 2001, the police reaction to unruly behaviour at a football match led to the death of 126 spectators (Kewura 2006, p.1). The match, between two of Ghana's leading football teams, was into its last five minutes at the Accra Soccer Stadium when a group of fans of the losing team began to pull chairs off the stadium, throwing them onto the pitch. The police response was to use tear gas in an effort to calm the disturbance; this action created panic, and then a stampede.

The exit gates were locked and the deaths were caused by trampling as the terrified crowd attempted to get out of the stadium (BBC News, 2001). According to one commentator, "lacking the requisite training and experience in handling such weapons and their effects when discharged into a crowd, it ought not to have come as a surprise that the officers handling these weapons responded without any reflection to the commands issued by their senior officers and 'fired indiscriminately into the North Stand' (ibid).

2.4 FAILURE TO ACT ON COMPLAINTS
The police often fail to act on complaints, or refuse to respond to a request. This is exacerbated by the corrupt element inside the police who request payment before they do their duty. For example, in mid 2006, the Daily Graphic newspaper reported that a primary school teacher had alleged that he was assaulted by a group of youths wielding guns and machetes. The teacher claimed that when he went to report the assault to the police, they demanded 200,000 cedis before they would proceed with the matter (Aning, 2006).

In February 2007, the Daily Graphic carried a story of two police officers under investigation following allegations that they refused to investigate a crime, instead arresting and detaining the complainants for 21 hours, and then asking for a bribe before releasing them on bail (Yeboah 2006).

2.5 POLICING AND HUMAN RIGHTS
Colonial or regime policing means the police are protectors of government, rather than citizens. It often exhibits a focus on the maintenance of law and order, without any reference to the protection of human rights. Under colonial policing, the police:
answer predominantly to the regime in power and not to the people;
are responsible for controlling populations, not protecting the community;
tend to secure the interests of one dominant group; and
are required to stay outside the community (CHRI 2007)
Democratic policing is the alternative. It is rooted in the idea of accountability. A democratic police organization is one that:
is accountable to the law, and is not a law unto itself;
is accountable to democratic structures and the community;
is transparent in its activities;
gives top operational priority to protecting the safety and rights of individuals and private groups and protects human rights;
provides professional services; and
is representative of the community it serves (ibid)
The police force of a democracy is concerned strictly with the preservation of safe communities and the application of criminal law equally to all people, without fear or favour." - United Nations International Police Task Force

2.6 FEATURES OF DEMOCRATIC POLICING
Every democratic policing must indeed be carried out under democratic principles. The rights of the individuals are best safeguarded under democratic governments whose police has well embraced and practice the form of policing based on sound democratic tenets. The following features must thereby exist if any policing could be tagged democratic.
The police system is accountable to the law, and not a law unto itself. Democratic police institutions demonstrate a strong respect for the law, including constitutional and human rights law. The police, like all government employees, must act within the law of the country and within international laws and standards, include human rights obligations set out in international law. Police officials who break the law must face the consequences, both internally through the disciplinary systems of police organizations, and externally, in the criminal justice system.

It is also accountable to democratic government structures. The police are a government agency and as such must account to the government. In a democratic system, the police account to elected representatives of the people – for example, parliaments, legislatures or local councils – for their performance and use of resources. Democratic police institutions also account 'horizontally' to other agencies of government, such as to Treasury or Finance Departments for their financial performance and sometimes to Public Service Commissions or Departments of Administration for their adherence.

Gives top operational priority to protecting the safety and rights of individuals and private groups. The police must primarily serve the people. The police should be responsive to the needs of individual members of the community – especially to people who are vulnerable, marginalized or disadvantaged.

Protects human rights, especially those which are required for political activity characteristic of a democracy. Democratic policing implies policing that is supportive and respectful of human rights, and prioritizes the protection of life and dignity of the individual. This requires the police to make a special effort to protect the freedoms that are characteristic of a democracy – freedom of speech, freedom of association, assembly and movement, freedom from arbitrary arrest, detention and exile, and impartiality in the administration of law. A democratic approach can place the police in a difficult position, if, for example, they are required to enforce repressive laws, and simultaneously protect human rights. These situations call for the skilful exercise of professional police discretion, which should always lean towards the (CHRI, 2007).

In a nutshell, the police have the responsibility of protecting the rights of the populace. Some of the rights may only be withheld when there is a breach or violation of the laws which exist to protect the same offenders and the rest of society. Sometimes however police operate not in tandem with existing professional codes and outside the stipulations of the laws of the country.
Also police can best protect the rights of the citizens under democratic regimes and where the police themselves are subject to the laws of the state and uphold the democratic tenets of the rule of law and respect for the rights of the citizens.
This research goes deeper into the various assertions by the various writers as well as presents first hand field information which attests to these assertions or else disproves some of them.






REFERENCES.
BOOKS

Abrahams, R. (1987), Sungsungu: "Village Vigilante Groups in Tanzania", African Affairs.
Atuguba, R. (2006), Structure of the Ghana Police Service and Its Effect on Accountability, Ghana.
Crawshaw R. (1999), Police and Human Rights: A Manual for Teachers, Resource Persons and Participants in Human Rights Programmes, Martinus Nijhoff Publishers.
Gordan K. et al, Police and Human Rights Manual for Police Training.
Nickel, J. (1992), Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights", (Berkeley; University of California Press).
The 1992 Constitution of the Republic of Ghana.

JOURNALS
7. Agbewode, (2006), Juapong Police score another human rights abuse, The Chronicle, 23 May 2006.
8. Akwei, (2006,) Is the duty of the police worthy of note?, The Chronicle, 20 July 2006.
9. Aning, E.K. (2006), An overview of the Ghana Police Service, April 2006, Journal of Security Sector
10. Frimpong, G. (2006), Police gun down carpenter, The Chronicle, May 5 2006
11. Kewura, S.Y, (2006), Cops torture man to coma, The Chronicle, January 19 2006
12. Paragraph 1.13.2 of the National Reconciliation Commission Report.
13. Report of the Archer Commission, (1997).
14. Sudanese police block protest at human rights commission Reuters – Sun, Dec 30, 2012 (Reporting by Khalid Abdelaziz; Writing by Ulf Laessing; Editing by Rosalind Russell)
15. Sydney, A.R. (2007), IGP Interdicts 2 cops, Daily Graphic, 24 February 2007
16. Tamakloe, P. (2006), Carry on Ghana Police: "Stuff Missing Again", The Enquirer, 27-30 July 2006
17. Yeboah, k. (2006). Commercialization of Police Service, Daily Graphic, 15th Feb, 2006.

INTERNET SOURCES
18. BBC News Online, (2001), Relatives besiege Ghana hospitals, http://news.bbc.co.uk/1/hi/world/africa/ 1323356.stm as on 23 February 20
19. BRIEF FACTS ABOUT THE GHANA POLICE SERVICE, http://www.ghanapolice.info/history.htm 20/01/13
20. Community Policing, http://www.ghanapolice.info/community_police_unit.htm
21. Fagan A. (2005), Internet Encyclopaedia of Philosophy, "A Peer Reviewed Paper http://www.iep.utm.edu/hum-rts/
22. Ghana Police Service, (2007), Police Administration: Administration of the Service, www.ghanapolice.org/ police_admin/broad_formation.htm, Wednesday, 28th Feb, 2007, 12:15 pm.
23. History of Law Enforcement http://www.realpolice.net/articles/police-history/history-of-law-enforcement.html.

NEWSPAPERS
24. The Chronicle Newspaper, Thursday. July, 20, 200
25. The Chronicle newspaper, Friday, May 2006.






CHAPTER THREE
HISTORY AND PROFESSIONAL CODE OF ETHICS OF THE POLICE
3. INTRODUCTION
This chapter of the study introduces the history of the police institution and goes further to discuss the professional code of ethics of the police institution. The chapter will be divided into two section, the first section deals with the history of policing and the second deals with the professional code of ethics of the police. The history of police will be traced from the very beginning of policing in the world to the current policing system in Ghana. The professional code of ethics will capture the general world view of police ethics and narrowed down to the professional code of ethics of the Ghana Police Service.

3.1 SECTION ONE: HISTORY OF POLICING
Police History In the beginning, there was kin policing, with its penchant for blood feuding and traditions of tribal justice. Many pre-civilized villages or communities are believed to have had a rudimentary form of law enforcement (morals enforcement) derived from the power and authority of kinship systems, rule by elders, or perhaps some form of totemism or naturism (Realpolice.net, 2013).
Under kin policing, the family of the offended individual was expected to assume responsibility for justice by capturing, branding, or mutilating the offender. To be sure, there were also theocratic institutions (religious temples, magic rituals, grand viziers), but these were probably used as a system of appeals (sanctuary, refuge) and for purposes not associated with justice.
Since war has existed, the police function has been somewhat inseparable from the military function as ancient rulers almost always kept elite, select units (bodyguards) close at hand to protect them from threats and assassination attempts, and although it was more theocratic than militaristic, the argument could be made that the first known civilization (Egypt) was a police state (ibid).
In Mesopotamia, the rise of cities like Uruk, Umma, Eridu, Lagash, and Ur is widely regarded as the "birth of civilization". However, these cities were in a state of constant warfare, and in terms of looking at which residents bore the closest resemblance to police officers, the argument could be made that captured Nubian slaves were the first police force. This group was often put to work as marketplace guards, Praetorian guards, or in other mercenary-like positions. As a police force, their different color, stature, and manner of dress made them quite visible among the Mesopotamians. The idea of visibility could then be regarded as the first principle of crime control.
With the rise of the city-states came forms of criminal justice that could be considered as king's policing. It's conventional to note that things like the Code of Hammurabi marked the first known system of criminal law as well as the start of other practices. The Hebrews developed the Mosaic Law and a rudimentary adversverdana system. The Greeks experimented with highway patrol and jury trials (Athens) as well as secret police and mercenary systems (Sparta). Across Africa, trials were being conducted while sitting down (three-legged stools of justice). Violators were brought before thrones of justice in the name of the crown, and to keep the peace meant, for the most part, keeping the king's peace of mind. Greek philosophy (Aristotle, Plato) was largely responsible for popularizing the majesty of justice by associating good law and order with virtue.
It's widely recognized that the first organized police force were the Roman vigiles, the first group of nonmilitary and non-mercenary police. They were created by Gaius Octavius, the grand nephew of Julius Caesar, around 27 B.C. After his uncle was assassinated, little Octavius swore revenge and rose to power with a desire to reform Roman society. Once he became ruler, he took the name Augustus Caesar, or more simply Augustus, the first emperor of Rome. Let's take a close look at the steps involved in establishment of the world's first organized police force:
* The first thing Augustus did was create a special unit, called the Praetorian Guard, to protect him from assassination. 9000 men were selected and divided into 9 cohorts of 1000 each. 3 of these cohorts operated as undercover operatives housed among the civilian residents. The Praetorian Guard eventually became involved in assassination plots themselves, and were disbanded or reabsorbed by the military.
* The second thing Augustus did was create a daytime city fire brigade of 600 slaves and spread them among 14 separate precincts. The slaves proved inadequate and were disbanded, but the prefect (precinct) system proved workable.
* The slave fire brigade was replaced by urban cohorts, headed by a prefect of the urban cohorts. These were a less select military unit of men who weren't good enough to get into the Praetorian Guard. They were several thousand of them. They were primarily responsible for fire safety during daytime hours, and they were fairly inadequate at it.
* The urban cohorts were supplemented by nighttime cohorts, and there were several thousand of them, recruited and selected from among freedmen only. They were known as the vigiles (watchmen) of Rome, and were empowered not only to fight fires but to arrest law breakers. The prefect of the vigiles eventually became a powerful man, passing judgment on most lawbreakers, except for serious lawbreakers who had to be turned over to the prefect of the urban cohorts. The vigiles were armed with clubs as well as short swords. They eventually took over the duties of the urban cohorts (Realpolice.net, 2013).
3.2 MIDDLE AGES (400 A.D. - 1600 A.D.)
The middle ages either had no system of law enforcement or one of two systems, depending upon what part of the world you were in. Where law enforcement existed, it was most likely a variety of the watch system -- a system premised on the importance of voluntarily patrolling the streets and guarding cities from sunset to sunrise ("2 A.M. and all's well").
The predominant function of policing became class control (keeping watch on vagrants, vagabonds, immigrants, gypsies, tramps, thieves, and outsiders in general). Despite some innovations during this time period (the Magna Carta of 1215 being a notable example), most of this era was characterized by lawlessness and corruption. By the 1500s, there was no country in the world with more robbers, thieves, and prostitutes than England. Other countries, too, experienced lawlessness to such a degree that citizen groups, known as vigilantes, sprang up to combat crime.
From the history of the origin and the activities as well as reasons for which the police institution was established it very clear that the police exist to protect human lives – safeguarding the right to live, prevent crime and protect properties – safeguarding the right to own property, and to stop people who cause mayhem or create insecurity in society-thereby safeguarding the rights and freedom of movement, expression, and association, among others (ibid).



3.3 POLICING IN GHANA
Professional policing was introduced by the British Colonial Authorities to the Gold Coast now the Republic of Ghana in 1821. Prior to that, policing or maintenance of law and order was organized by the traditional authorities such as the local headsmen and chiefs, who employed unpaid messengers to carry out the executive and judicial functions in their respective communities.
In 1894, the Institution of Police was formalized with the passing of the Police Ordinance which gave legal authority for the formation of a civil police force. In 1902 the force was split into General, Escort, Mines and Railway Police, which was legalized by the Police [Amendment] Ordinance of 1904.
The Marine Police was formed in 1916 but disbanded in 1942 and replaced by Customs Excise and Preventive Service. The Criminal Investigation Department [CID] was formed in 1921 with the finger print section fully operational in 1922.
In 1948, the Police Reserves Unit was formed to combat riotous mobs, following the 1948 riots in the country. The wireless and Communications Unit was formed in 1950 with the formal opening of the Police Information Room in Accra by the then Governor of the Gold Coast, Sir Charles Noble Arden Clark, in June 1950.
By 1952, a large number of Africans were enlisted into the Police Force as junior officers. The women branch of the service was then established, to be responsible for Juvenile crimes and offences committed by women. In 1958, the first Ghanaian Police Commissioner, Mr. E. R. T. Madjitey was appointed to head the service.

3.4 THE POLICE TODAY
Aims and objectives of the police
The Ghana Police Service as it is now called has as its motto "Service with Integrity".
The functions of the Ghana Police Service as stated in the Police Service Act, 1970 [Act 350] of Ghana are as follows;
Crime detection and prevention
Apprehension (arrest) and prosecution of offenders
Maintenance of law and order
Due enforcement of the law (ghanapolice.info 20/01/13)
The only major step Ghana has taken towards wholesale reform of the police since 1993 was the establishment of a commission to look into policing in 1996, known as the Archer Commission. The Archer Commission came back with a wide-ranging set of suggested reforms, but the Government has been less than keen to implement any of its recommendations (CHRI, 2007).

"…the pioneers of the Ghana Police were drawn from military sources without proper civil police training. They were held in such dread that children were frightened by the mere mention of the word 'police.' Any member of the public found in the company of a policeman, was considered to have been involved in some trouble! The police was tolerated in the society through fear. In the minds of many, it was the symbol of the imperial powers." (ibid)

None of the civilian and military regimes during the mandate period [1957-1992], made any serious attempt to provide mechanisms that would enable the service to exercise its functions in the society efficiently and honestly, while respecting individual dignity, rights and liberties." (Paragraph 1.13.2 of the NRC Report).

In the 1960's reports indicates that there has been a general impression from the various discussions that the Ghana Police and other security agencies have continued to violate and infringe on the human rights of citizens. Suspects have been detained or held in custody without trial indefinitely and, in some cases in the past, extra-judicial killings were carried out." - Country Review Report of the Republic of Ghana – African Peer Review Mechanism (opcit).

3.5 SECTION TWO: PROFESSIONAL CODE OF ETHICS OF THE POLCE
This Code defines the general rules of conduct and the basic principles of the professional ethics, to be observed by the State Police personnel performing their official duties, as well as beyond the place and time of service. A Police officer following the requirements of the Code shall have the rights of recognition on the part of the public and governance and moral support.
A Police officer performing his/her duties shall keep to the requirements of law, acting objectively and in a fair way, favouring with his/her conduct and action to call confidence to Police on the part of the public.
A Police officer executing orders and prescriptions received from the higher rank officials, shall be held personally liable for his actions. If an order or prescription is illegal, the Police officer shall keep informed of it the higher rank official. If a Police officer refuses to perform any illegal order or prescription, he/she shall not be subject to the disciplinary proceedings.
A Police officer performing his/her duties ensures observation of human rights of every individual, irrespective of his/her nationality, race, sex, language, religion, political or any other opinion, age, education, social status.
A Police officer in his/her interaction with inhabitants respecting and defending dignity of a human being shall be decent and tolerant.
A Police officer shall not support, shall not admit and shall not encourage any torturing actions or cruel, brutal, inhuman, humiliating actions taken against any person.
A Police officer shall use force, special facilities or weapon only in the cases stipulated by due course of law and to attain a legal aim. The use of spontaneous or ill-intentioned force, special facilities or weapon shall not be justified.
A Police officer shall also render aid beyond the place and time of service on his/her own initiative to the person being endangered, who occurred in helpless condition, as well as shall take measures for preventing from the stated violation of law.
Personal conduct of a Police officer shall be irreproachable in performing the official duties and in his/her personal life, without the prejudice for the service and his/her own reputation.
A Police officer shall not disclose any official information known to him/her, except the cases provided for by law.
A Police officer in relationship with the colleagues, a chief or the persons subordinated shall adhere to a particular subordination order, shall display due comity and dignity in interrelationship.
A Police officer in his/her attitude to a person may not create the grounds for suspicion in unfair action or affecting the situation.
A Police officer shall not receive material values, services from the persons who anyhow might influence performing of his official duties and decision making.
A Police officer shall not use his/her official standing or the state property, as well as the information that became known to him/her performing his/her official duties to derive a personal or property benefit for himself/herself or his/her relatives.
A Police officer shall combat any signs of corruption in the Police and keep informed the higher rank official or any other authoritative body regarding any case of corruption in the Police.
A Police officer shall keep informed the higher rank official of the conflict of interests arisen.
A Police officer shall continuously improve his/her professional skills.
Top management of the Police shall support and protect a Police officer who suffered harm when performing his/her official duties.
Any natural or legal person may apply with a complaint to the direct chief or to the higher rank official of a Police officer if he/she infringes the basic principles of the general rules of conduct and the professional ethics defined in the Code.
A Police officer shall be held liable in the order duly established by law and legislative acts for violation of the basic principles of the general rules of conduct and the professional ethics defined in the Code.

3.6 PROFESSIONAL CODE OF CONDUCT FOR THE GHANA POLICE SERVICE
This code of conduct guides the Ghana Police personnel in their day-to-day duties to enhance their competences and ensure efficient service delivery to the public. Personnel are reminded of the vision of the Service – "To be a world–class Police Service capable of delivering planned, democratic, protective and peaceful services up to standards of international best practice" and encouraged to strive at all times to uphold the law in a courteous, fair, firm and impartial manner in order to win public confidence.

3.7 PROTECTION OF RIGHTS AND FREEDOMS OF PERSONS
3.7.1 POLICING IN A DEMOCRACY, ETHICAL AND LEGAL CONDUCT
(From Code of Conduct/Ethics for the Ghana Police Service)
Police officers shall at all times act impartially and in accordance with existing laws, which must be enforced on all persons without discrimination.
Police officers shall respect and protect human dignity, maintain and uphold rights of all persons.
Police officers shall perform their duties without partiality and discrimination to all persons.
Police officers shall treat all suspects as innocent persons, politely, respectfully and professionally
Police officers shall respect and uphold the rule of law.
Police officers shall ensure that they treat all persons in a courteous manner and that their conduct is exemplary and consistent with the demands of the profession and the public they serve.





3.8 GENERAL ASPECTS ON POLICE ROLE IN PRELIMINARY INVESTIGATIONS
3.8.1 THE POLICE DUTY

3.8.2 NECESSARY STEPS TO TAKE WHEN CRIMES ARE COMMITTED
If there are grounds to suspect that a crime has been committed, the police must take steps necessary:
To identify and arrest the perpetrator(s) of the crime;
To prevent the perpetrator or accomplice from absconding;
To detect and secure the clues to the crime and articles which might serve as evidence
To gather all information that might be of use for the effective conduct of investigations and prosecution.

3.9 GATHERING INFORMATION
In order to perform the tasks referred to above, the police
May take the necessary information from persons;
May make necessary examination of vehicles, passengers and luggage;
May restrict movement in the specified area for the time this action is urgently necessary;
May take the necessary steps to establish the identity of persons any objects;
May organize a search to locate an individual or things being sought;
May make a search in the presence of a responsible individual of premises according to law;
Take other necessary steps and actions necessary to assist investigations.
3.10 THE RIGHT TO REMAIN SILENT
In gathering information, the police must inform the suspect that he is not obliged to give any statement or reply to any kind or questions asked except questions regarding his identity and address.
ARREST- Criminal and Other Offences (Procedure) Act, 1960 (Act 30, Act 653)

GENERAL - Service Instruction Number 166
A. It is the duty of all members of the Service to make themselves thoroughly familiar with their powers of arrest. Normally, no arrest shall be made unless;
The arrest is necessary to prevent a breach of the peace.
There is reason to believe the suspect may abscond or may be difficult to trace
There is reason to believe that a further offence may be committed if the suspect is not arrested.
The arrest is necessary for the immediate investigation of the alleged offence.

B. Premature arrest shall be avoided. Hasty arrests frequently hamper the investigation and ruin what might otherwise be a successful case. Further, it may cause embarrassment to the Police Command.

C. All officers of the Service should make themselves acquainted with the Judge's Rules so that they may realize the effect a premature arrest may have on the investigation of cases.

3.11 RIGHTS OF ARRESTED PERSON(S)
1) The right to be told in a language he understands, the offence committed leading to arrest.
2) The right to be told reason for restrain or detention
3) The right to be informed to remain silent
4) The right to be informed to consult a lawyer of his own choice
5) The right to be taken to a Police Station or any legitimate detention centre.
6) The right to be allowed to inform near relative of his arrest and location of his detention.
7) The right to be given an interpreter who can speak his language to facilitate process of enquiry.
8) The right to bail after 48 hours by Police or to be brought before a magistrate either for court bail or remand into Police or Prison custody.
9) The right not to be tortured coerced or humiliated
10) The right to be presumed innocent until found guilty.

3.12 MODE OF ARREST, Section 3
In making an arrest, the Police Officer shall actually touch or confine the body of the person to be arrested, unless there is submission to the custody verbally or by conduct.

3.13 NOTIFICATION OF REASON FOR ARREST- Article 14 (2), 1992 Constitution
A Police Officer shall immediately inform the person arrested in a language that he understands of the reason for his arrest and his right to a lawyer of his choice.

3.14 ARRESTS WITHOUT A WARRANT, Section 10
A Police Officer may arrest without a warrant any person who;
Commits an offence in his presence
Obstruct him in the execution of his duty
Escapes or attempt to escape from lawful custody
In possession of implements adopted or intended for use to unlawfully enter a building and fails to give reasonable excuse for the possession of the implement.
In possession of a thing reasonably suspected to have been stolen
Or whom the Police Officer reasonably suspects to have committed or about to commit an offence.

3.15 SEARCH OF ARRESTED PERSON, Section 8
A Police Officer shall search an arrested person and place in safe custody the articles other than necessary wearing apparel found on him.
The search shall be made with strict decency and where a woman is to be searched, the search shall be made by a woman.

3.16 ARRESTED PERSON TO BE TAKEN TO POLICE STATION, Section 9
A Police Officer making an arrest outside a Police Station shall immediately take the arrested person to the Police Station.

3.17 AN ARRESTED PERSON IN POLICE CUSTODY
A Police Officer shall ensure the arrested person while in custody is given reasonable facility for obtaining legal advice, taking steps to furnish bail where appropriate.
A Police Officer shall not torture or subject an arrested person or a detained person to any form of cruel or degrading treatment.
A Police Officer shall ensure that convicted persons are detained separately from un-convicted persons
A Police Officer shall ensure that juvenile offenders in lawful custody are kept separately from adult offenders
A Police Officer shall ensure that an arrested, restricted or detained person is brought before court within 48 hours after the arrest, restriction or detention.

3.18 ARREST OF PERSONS EMPLOYED ON EMERGENCY SERVICES -Service Instruction Number 166
A Person engaged on emergency service in connection with;
(a) Electrical Power Stations
(b) Water Works
(c) Railways
(d) Recognised Health Institutions
(e) Fire Stations
shall NOT be arrested until the local head of department has been informed and has arranged for him to be relieved. However, such person shall be kept under surveillance by the Police Officer intending to effect the arrest to prevent escape.


3.19 ARREST OF MEMBERS OF EMBASSIES, HIGH COMMISSIONS AND OTHER DIPLOMATIC MISSIONS-Service Instruction Number 166
Members of Embassies and High Commissioner's offices shall only be arrested if it is absolutely necessary to protect life or property or to prevent a breach of the peace. Meanwhile, the Foreign Minister should be immediately informed. The Ambassador and other officials of the missions have some immunity and should not be subjected to arrest –Geneva Convention.

ARREST OF NON-GHANAIANS -Service Instruction Number 166
Should a Non-Ghanaian whose country is represented by an Embassy or High Commission be arrested on a criminal charge, detained at a Police Station on suspicion, or proceeded against by means of a criminal summons, the facts shall be reported immediately to the District Commander who shall inform the Director-General/CID immediately by wireless message or by telephone if necessary, stating the brief facts of the case, and reporting to the Regional Commander that he has done so.

3.20 ARREST OF MEMBERS OF GHANA ARMED FORCES AND OTHER SECURITY SERVICES -Service Instruction Number 167 (The expression "Ghana Armed Forces" includes the Ghana Navy, Army and Air Force)
Station Officers shall report to the District Commander, every case in which a member of the Ghana Armed Forces or other Security Service is detained, arrested or is summoned before a Court for any offence. The District Commander shall immediately inform the Officer Commanding the arrested officer's unit.

3.21 USE OF FORCE - Criminal and Other Offences (Procedure) Act 1960 (Act 30, Act 653)
POLICY
Police Officers shall use force when necessary in the execution of their legitimate duties.
Police Officers shall not use force more than is necessarily required to achieve the object of law enforcement.
Police Officers shall only use force that is reasonable, necessary and proportional to the resistance level of the offender.


3.22 JUSTIFICATION FOR USE OF FORCE
Police Officers shall use force;
(a)To defend themselves and others against imminent threat of death or serious injury.
(b)To prevent the commission of a serious crime.
(c) Against a person who resists arrest, fights, escapes or endeavours to escape from lawful custody.

3.33 DEFINITONS
Resistance, for the purpose of this policy, is considered as any type of rejection of a legal order from a Police Officer, issued to establish public peace and order, leaving the scene of an accident, temporary limitation of movement, apprehending, detaining or depriving of freedom
a) Active resistance occurs when an individual resists by using a weapon, tools or other objects, or physical force, and in this way prevents Police Officers from performing their official duties. Inciting others to resist is also considered active resistance.
b) Passive resistance is determined when an individual disregards a legal order from a Police Officer, or places himself in a position that prevents the officer from performing his duty.
Control is the verbal or physical actions of the Police Officer to direct or regulate the actions of another person.
Attack is any direct attack;
a) That jeopardizes the life of a Police Officer;
b) On an individual or a building which is protected;
c) On individuals which is conducted with firearms, dangerous tools or other objects which can endanger lives;
d) By two or more individuals when help cannot be expected;
e) An attack from a more physically built individual trained in martial arts.
3.34 DEESCALATION AND JUSTIFIABLE FORCE
3.3.5DEESCALATION
THE DUTY TO DE-ESCALATE A TENSE SITUATION
Police Officers are required by duty to attempt to de-escalate a tense situation whenever tactically possible.

3.35 THE POLICE OFFICERS RESPONSIBILITY
Should a Police Officer because of anger, arrogance, personal involvement, prejudice, hatred or fear allow himself to escalate a situation to a higher degree of violence than otherwise necessary, then the officer shares responsibility for the consequences.

3.36 JUSTIFIABLE FORCE
3.3.6THE PRINCIPLE OF PROPORTIONALITY
Police Officers may use measures that are proportional
To the subject's level of resistance;
To the seriousness of the offence;
To the officers need to control the resistance.

3.37 THREAT TO THE POLICE OFFICER
International standards recognize the vital role Police Officers play in the protection of the right to life, liberty and the safety for all persons. The threat to the life and safety of Police Officers must be seen as a threat to the stability of society as a whole, and officers will use appropriate force to overcome such threats.
The Police Officer's escalation of force will be proportional to the subject's escalation of resistance and/or violent actions toward the officer.

3.38 REQUIREMENTS TO BE MET WHEN JUSTIFIABLE FORCE IS USED
Police officers will ensure that the following requirements are met when justifiable force is used:
The force will be in proportion to the seriousness of the offence and the legitimate objective to be achieved;
The force will be minimized to preserve human life;
Medical aid will be rendered to any injured or affected person (s) in need of assistance as soon as possible;
Relatives or close friends of the injured or affected person will be notified.

3.39 SEARCH OF DWELLINGS, OTHER PREMISES AND PERSONS, Criminal and Other Offences (procedure) Act 1960 (Act 30, Act 653)

3.4.0 SEARCHES WITHOUT A WARRANT, Section 93, 94
A Police Officer may search without warrant if he has reasonable cause to believe that a person has concealed on himself or conveying;
an article which has been stolen or unlawfully obtained.
an article in respect of which a criminal offence has been, is being or is about to be committed.
A Police Officer not below the rank of Assistant Superintendent of Police or who being below the rank has been authorized in writing by an officer of the said rank may enter a house, shop, warehouse, yard, boat, vessel or other premises which the Police Officer has reasonable cause to believe contains property which has been stolen or obtained by unlawful means.

3.3.1 SEARCHES WITH A WARRANT, Section 88 (1)
Where a Police Officer has reasonable grounds to suspect that there is in a building, vessel or any other premises;
a thing in respect of which an offence has been committed.
a thing which is intended to be used for the purpose of committing an offence.
a thing which has been unlawfully obtained.
a thing of which possession is unlawful; shall by evidence on oath, apply to a District Magistrate for a search warrant to be issued for the conduct of a search.

3.41 DETENTION OF ARTICLES SEIZED, Section 91 (1)
A Police Officer shall bring before the Magistrate all articles seized under a search warrant.
The Magistrate may detain or cause it to be detained, taking reasonable care that it is preserved until the conclusion of the case.

3.42 HOW TO CONDUCT A SEARCH
3.4.3 MAIN RULE, SEARCH IN DAYTIME, AND EXCEPTIONS, Section 89
A search shall be done in daytime (6.30 a.m. and 6.30 p.m.) but can also be done at any other time if authorized by a Court.

3.3.4 SUMMONING TO ATTEND THE SEARCH
The tenant, his representative or another adult tenant of neighbours shall be summoned to attend the search.


3.3.5 USE OF FORCE IF LOCKED
Locked premises, pieces of furniture or other articles shall be forced open only if the person in possession of them is not present or refuses to open them voluntarily. In opening them unnecessary damage shall be avoided.

3.36 PERMISSION TO SEARCH OR INSPECT IN A MILITARY BUILDING
A search or inspection in a military building shall be done with permission of the competent military officer.

3.3.7 SEARCHING WITH CARE
The search of a dwelling or person should be done with care so as not to upset the order of the household.

3.3.8 SEARCH SHOULD NOT BE DONE IN THE PRESENCE OF COMPLAINANT
Under no circumstance should searches be conducted in the company or
presence of the complainant (s).

3.3.9 ARREST/SEARCH SHOULD BE WITH THE COOPERATION OF LOCAL POLICE
As a general rule all arrests and search should be conducted with the co-operation of the local Police whose jurisdiction the arrest/search is going to be conducted.




3.43 BREACH OF DISCIPLINE-Service Instruction Number 48
In accordance with the provisions of the Police Service Act (Act 350) the following constitute breaches of discipline for which Police Officers may be liable and for which punishment may be imposed in accordance with the provisions of the said Regulation:
1) Disobedience of a lawful order given him by his senior in rank, whether verbally or in writing, or by authorized signal on parade.
2) Any oppressive or tyrannical conduct towards a junior in rank.
3) Failing to attend to any reasonable request made to him by any member of the public.
4) Lack of civility to any member of the public.
5) Neglect of duty.
6) Neglecting to assist any person injured or taken ill in any public place.
7) Withholding or failing to report promptly any complaint against a Police Officer.
8) Communicating to any unauthorized person matters connected with the Service without permission from the Senior Police Officer under whom he serves.
9) Accepting directly or indirectly any gratuity, present, subscription or testimonial without the knowledge and permission of the Senior Police Officer under whom he is serving.
10) Incurring debt without any reasonable prospect, or intention of paying it, or having incurred any debt, making no reasonable effort to pay it.
11) Divulging any matter or thing, which it is his duty to keep secret.
12) Absence from duty without good cause.
13) Conduct, disorder or neglect to the prejudice of good order and discipline.
14) Insubordination.
15) Disrespect in word, act or demeanour to his senior in rank.
16) The use of abusive or insulting language to, or quarrelling with any member of the Service.
17) Forcing a sentry; where there is a sentry guard and you are to stop but fail to do so.
18) The pawn, sale, loss by neglect, wilful or negligent damage or failure to report any damage to any of the articles of clothing, arms, accoutrements, or accessories issued to him, or any Government property committed to his charge.
19) Being inattentive on parade, or talking, singing or otherwise misbehaving himself on parade.
20) Being late for duty or parade.
21) Parading for duty, dirty or untidy in his person, arms, clothing, or accoutrement.
22) Drunkenness.
23) Drinking any intoxicating liquor when on duty.
24) Entering any place licensed for the sale of spirituous liquor when on duty, except when his presence is required in the execution of his duty.
25) Endeavouring at any time to conceal or disguise his Service number, name & rank (identity).
26) Smoking when on duty;
27) Failing to walk his beat properly or irregularity on beat or sentry.
28) Idling, gossiping, sitting, lying down without cause or sleeping when on duty.
29) Leaving his beat, point, or other place to which he has been ordered without permission or without sufficient and proper reason.
30) Using unnecessary violence to, or ill-using any person in his custody.
31) Negligently permitting a prisoner to escape.
32) Failing to report the whereabouts of an offender or helping the offender to escape justice when he knows where such a person is to be found.
33) Omitting to make any necessary entry in any official document, book or paper.
34) Making or signing any false statement in any official record or document.
35) Prevarication before any court or at any inquiry.
36) Neglecting or refusing to assist in the apprehension of any member of
the Service charged with any offence.
37) Protecting any person in any manner otherwise than is allowed by law.
38) Sexual Exploitation and Abuse (SEA)
39) Making or joining in making any anonymous complaint.
40) Conveying information directly or indirectly to any person of any warrant or summons, which has been issued or is about to be issued against such person.
41) Malingering or feigning sickness without due cause
42) Concealing any contagious disease, or neglecting or failing to report the fact if he is suffering.
43) Gambling or permitting or failing to report gambling in Police Stations or Barracks;
44) Failure to comply with or disobedience of any regulation made under the Police Service Act, or any Service Instruction made by the Inspector-General of Police.

INTERVIEWS
3.45 GENERAL
The primary purpose or objective of all questioning is to obtain information from the person being interviewed to:
Establish the facts pertaining to a case or matter under investigation;
Determine the identity of the victim and the perpetrator;
Record the facts of a case for later testimony;
A confession of a suspect does not present complete evidence when a Police Officer takes a statement.

3.46 HOW TO CONDUCT QUESTIONING OR AN INTERVIEW
Before questioning or interviewing, you must:
Identify yourself as a Police Officer;
Always be polite and courteous;
Explain the purpose of the interview;
Be straight forward and direct;
Begin with questions the person should not be afraid to answer such as their name, address and employment;
Remain neutral;
Use calm conversational voice;
Do not be judgmental;
Do not ask leading questions;
Do not express emotions
Be aware that all people are presumed to tell the truth;
Be aware that the suspect is innocent until proven guilty;
Be clear and concise;
Do not use police terms or words the person will not understand;
Take very careful notes of all interviews/discussions.

3.47 VARIOUS TYPES OF INTERVIEWS
3.4.8 INTERVIEW OF A COMPLAINANT
The interview of a complainant is normally the first information received about a crime or incident and you must:
Try to obtain as much information as possible;
Be aware that the complainant may or may not be the victim;
Be aware that sympathy and understanding must be part of your approach;
Be aware that you should not rush the interview.

3.4.9 INTERVIEW OF A WITNESS
In interviewing witnesses you must:
Try to find out the relationship between the witness and the crime
Be aware that a witness may be a victim, a passerby who saw nothing, someone who saw everything or even the suspect;
Avoid giving the witness information about the crime;
Be alert to any indication of deception.

3.5.0 SUSPECT OR DEFENDANT INTERVIEWS
When you interview the suspect or the defendant you must:
Deal with the person in a calm and objective manner;
Do not use knowingly false statement, promises or deceptions concerning particular benefits, exhaustion, threats or improper methods or approaches that influence freedom of choice;
Do not use willpower of the person being questioned in order to obtaina confession or a statement;
Remember that the suspect has the right to avoid self-incrimination.

3.5.1 INTERVIEWING CHILDREN
You must know that:
Children do not think, act or respond like adults;
Children are much more likely to be truthful and frank;
Privacy is equally as important for the child as it is for the adult;
You should avoid interviewing children in public;
A child who is a suspect should never be interviewed alone;
If a child is uncooperative or very frightened, you must make no attempt to interview him/her without the presence of a parent or person in authority.


3.52 VEHICLE AND BUILDING SEARCHES
PURPOSE OF SEARCH
Building and vehicle searches are conducted:
To arrest an offender;
To discover items of evidential value;
To assist members of an investigative team;
To search for explosive devices or bombs in structures;
To develop information concerning criminal activity that is under investigation.

3.53 GUIDELINES FOR CONDUCTING BUILDING SEARCHES
PRECAUTIONS
The Police Officer shall:
Establish a perimeter to prevent the suspect's escape and ensure that all exits from the building are covered by police personnel;
Do not attempt to make an arrest of an armed suspect alone or with only one other officer;
Call for back up;
Have a plan, each member should know his or her own role;
Make sure that the point of entry into the building is safe.
3.54 BEFORE ENTERING
Before entering you shall:
Attempt to contact the suspect;
Identify yourself as a Police Officer;
Order the suspect to come out;
Tell him/her to walk towards you with the hands up over the head;
Wait for a reaction to your verbal command;
Make every attempt to remove innocent civilians from the building before search begins;
Do not allow civilians to assist you;
Search for and find the one suspect, but assume always that there is another.

3.55 GUIDELINES FOR CONDUTING VEHICLE SEARCHES
SAFETY PRECAUTIONS
Before conducting a vehicle search:
The vehicle must be located out of other vehicular traffic.
The area must be secured;
All suspects must be under control;
Call for back up to assist when necessary
Any crowd that has gathered must be under control;
An Officer should search at any given time
Additional police personnel must be available to assist and maintain control while one officer searches.

3.56 RESCUE
Anybody can be a victim who needs to be rescued.
Where the victim(s) is a child he should be rescued and after the interview be handed over to Social Welfare for shelter.
Rescuing of child victim should be done in conjunction with social welfare.
Where the victim is a woman, the assailant could be detained (that is where they live in the same room) while the victim stays
An adult who is rescued could be advised to live with a trusted friend or family member while Police continue with investigations
At the scene where possible witness to the crime could be interviewed
The management of the crime scene should follow the same steps as indicated under crime scene management.

3.57 TAKING COMPLAINTS
Complaints should be taken in confidence due to the private nature of the complaint.
Complainants should be advised to seek medical attention immediately where necessary.
As early as possible victim should be referred to a counselor.

3.5.8 INTERVIEWING VICTIMS (ADULTS)
Police;
Should build trust
Watch his body language as this could put off the victim thereby not being able to open up to Police.
Should not judge the victim according to his personal perception about issues.
Should not discuss an abuse case in the presence of another victim. Else victim may think the same will befall him should he lodge the complaint and leave
Should assure the victim that what happened to him could have happened to anyone.

3.5.9 VICTIM STAGES
Trauma
Guilt
Low Self-Esteem
Lack of trust
Embarrassed
Denial (this normally happens where police upon information moves in to rescue a victim)

3.6.0 INTERVIEWING OF CHILDREN
Children should be interviewed in the presence of a parent or relative. However, where the parent or relative is a suspect or accomplice in the case a social welfare officer should be present
To interview a child you need to build trust
The child must not be condemned as being a bad girl or boy
Interviewing a child can take hours. Hence patience should be a virtue if any success is to be achieved
Due to the age of the child being interviewed, one should expect inconsistence in narration of events. This does not necessarily mean the child is lying.


3.6.2 THE "CYCLE OF VIOLENCE"
Everyday life is filled with conflicts and opportunities for stress. For abusers, when these tensions are experienced, the relief comes in the form of abusing a loved one. After the episode is completed, the abuser will do everything to apologise to the victim. In many cases the victim will accept the apologies and continue to remain in the relationship. If this cycle is not broken, the violence will escalate in frequency as well as in severity. There are three stages of the "cycle of violence"; the first leading to the second, which lead to the third and back to the first.
First, the tension building stage when:
Conflicts arise between partners and is not positively resolved;
Conflicts accumulate and minor irritations are magnified, use of verbal and emotional abuse is present.
The Second stage is violent incident stage and may last minutes or, intermittently, for days or weeks, and is when:
The abuser emotionally explodes and assaults the victim in some way;
In the beginning, the assault will typically be less severe than as the abuse continue.
The Third stage is the honeymoon stage when:
After a violent episode the abuser becomes apologetic and remorseful;
The abuser promises anything the victim wishes to hear, never to be violent again, to stop drinking or other substance abuse.





3.72 HOW TO HANDLE SUSPECTS
The Police Officer must:
Make sure that every person involved in the crime or crime scene are checked carefully;
Separate all persons so that they cannot speak to each other;
Hand-cuff them so that they cannot dispose of any evidence as investigations at the scene continues;
Be aware that the police have the authority to intervene already at low levels of illicit drug consumption and thus stop a further career of drug

















REFERENCES
Ghana Police Handbook: Professional Code of Ethics of the Ghana Police Service
www.polis.osce.org/countries
















CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS

4. INTRODUCTION
This chapter presents the overall and detailed analysis of the data collected from the field through the structured interview scheduled (questionnaires administered). The data collected was analyzed by the use of graphs, charts and tables to provide visual impression of the analysis.

RELEVANCE OF THE INSTITUTION OF POLICE IN GHANA

As one of the research objectives of the study, the researchers want to find out how relevant the police institution is to Ghanaians. In light of this objective, the respondents were asked the following two questions with options to choose from, "What is the role of the police in the society?" and "What is your overall assessment of the role of the police in the society?" Below is the table and graphic summary of the responses from the respondents.
Table 1: Response to the Role of the Police in the society

Frequency
Percent
Protection of citizens from Internal Aggression
80
100.0
Provision of Shelter for the Homeless
0
0.0
Total
80
100.0
Source: Field survey, March 2013
The level of the public's knowledge about who the police are and their roles enable us to know how relevant the police institution is in Ghana. From table one, the responses given by the respondents shows that the people are highly aware of the police and main role it plays in the society. Thus, "the protection of citizens from internal aggression". It could be deduced that, all the eighty (80) respondents representing hundred percent (100%) answered that they know the role of the police.
Table 2: Assessment of the Role of the Police

Frequency
Percent
Good
44
55.0
Very good
5
6
Poor
22
28
Very poor
9
11
Total
80
100.0
Source: Field survey, March 2013
Figure 1: Assessment of the Role of the Police




















































































Source: Field survey, March 2013
Source: Field survey, March 2013





















































In the second question asked the responses as shown in Table 2 and Figure 1. 55% of the respondents indicated that, the role of the police is 'Good' to the society. 6% also believe that the role of the police is 'Very good', 28% however think that, the role the police play in society is 'Poor', whereas, 11% think it is 'Very poor'. In relating, the relevance of the police institution to the assessment of its roles by the public, it can be seen that majority (55%), of the respondents believe that, the police institution is relevant, because they rate its roles as 'Good'. This also directly relates to the fact that in the first question asked, all the respondents indicated that, they know the major role that the police play in the society. On this basis, we conclude that, the police institution is relevant to the Ghanaian society.
HOW THE POLICE UPHOLD THE HUMAN RIGHTS OF PEOPLE

The study also seeks to find out how the police uphold the rights of people in the society. In relation to this objective, the researchers asked the respondents the following question: "What do the police do to safeguard rights of people?" The respondents gave five major ways the police use to safeguard the rights of people. These include: Crime control, Arresting of criminals, Investigation into crimes, Patrolling the community at night and Protecting of citizens. Some of the respondents also gave other minor ways by which the rights of people are safeguarded by the police which the researchers classified them as OTHERS. Four of the respondents however did not have any idea as to how the police can safeguard the rights of people. Below is the table summary of the responses of the respondents.



Table 3: Responses to how the police uphold the human rights of people
Ways of safeguarding human rights
Frequency
Percent
Crime control
7
9.0
Arresting of criminals
16
20.0
Investigation into crimes
6
8.0
Patrolling of the community at night
9
11.0
Protection of citizens
20
25.0
Others
18
23.0
No Response
4
4.0
Total
80
100.0
Source: Field survey, March 2013
Figure 2: Responses to how the police uphold the human rights of people








Source: Field survey, March 2013
From Table3 and Figure 2, it can be deduced that, all the major ways by which the rights of the people can be safeguarded as indicated by the respondents have the elements of protection in them. The police controlling crimes and arresting criminals in the society protect the lives of the people, and the first right of the person, 'is the right to life'. Again, the police patrolling communities at night assure the people that they are safe from criminals. This protects the lives and properties of people, in that, the criminals are deterred from committing crimes because of the presence of the police in the community. Also, investigating and arresting of criminals in the communities enable people to go about their day to day activities in peace, this ensures that they work to earn their living and ensure prosperity and improve their living standards. This is the core tenet of human rights. Upholding human rights by the police actually enhances the effectiveness of the police.

Where human rights are systematically respected, police officers have developed professionalism in their approaches to solving and preventing crime and maintaining public order. In this sense, respect for human rights by police is, in addition to being a moral, legal and ethical imperative, also a practical requirement for law enforcement. When the police are seen to respect, uphold and defend human rights:
Public confidence is built and community cooperation fostered
Legal prosecutions are successful in court
Police are seen as part of the community, performing a valuable social function
The fair administration of justice is served, and, consequently, confidence in the system
An example is set for respect for the law by others in the society.
Police are able to be closer to the community, and, therefore, in a position to prevent and solve crimes through proactive policing. (Police and Human Rights, manual for Police Training)

4.3 WHY AND HOW HUMAN RIGHTS ABUSES OCCUR (IF ANY) ON THE PART OF THE POLICE IN THE PERFORMANCE OF THEIR DUTIES.

In finding out the reasons why and how, the police abuse human rights in the performance of their duties, three separate questions were asked the police during the field studies;
Are you sometimes tempted to use violent means in arresting suspects?
Are there instances where you detain suspects for more than the law requires?
State instances where suspects are detained for more than the hours required by the law.
Tables 4 and 5 and figures 3 and 4 below presents the summary responses given by the police personnel for the first two questions asked.
From table 4 and figure 3, only 5% of the police did not answer whether or not they use violence to arrest suspects. 25% answered that they don't use violent means to arrest suspects. 70% however said they sometimes use violent means to arrest suspects. This vividly shows that, indeed the police sometimes resort to violent measures in arresting suspects and this violent means include the use of excessive force to effect the arrest. The use of excessive force is an occupational crime because, according to Friedrichs, it is a "violation of the legal codes in the course of activity in a legitimate occupation" (1996:96).


Table 4: Responses to the attempt by the police to use violence to arrest suspects
Responses
Frequency
Percent
Yes
14
70.0
No
5
25.0
No Response
1
5.0
Total
20
100.0
Source: Field survey, March 2013

Figure 3: Responses to the attempt to use violence to arrest suspects






Source: Field survey, March 2013




Table 5: Responses to instances where the police detain suspects for more than the law requires
Responses
Frequency
Percent
Yes
15
75.0
No
5
25.0
Total
20
100.0
Source: Field survey, March 2013

Figure 4: Responses to instances where the police detain suspects for more than the law requires






Source: Field survey, March 2013
Also from table 5 and figure 4, it can be seen that 25% of the police said that, there are no instances where suspects are detained for more than the law requires but 75% of this same institution pointed out that, in some instances, people are detained for more than the time the law requires. This proves that the police sometimes detain suspects as against the requirement of the law. In a follow up question, the researcher asked the police to state some instances where they are forced to detain suspects beyond the requirements of the law.
Below are some of the reasons;
Suspects are detained for more than the law requires when an arrest is effected on a weekend
When a suspect commits a first degree felony, that suspect is mostly detained beyond the requirement of the law which is (48hours). First degree felony is a grievous or highest of criminal cases punishable by even a death sentence.
When the court is on recess, a suspect can be detained for more than 48 hours
An armed robber or murderer could also be detained beyond the requirement of the law.
In concluding on the issue of the police detaining suspects for more than the requirement of the law, we can state that, the police do not do so basically with the aim of abusing the rights of the people but mostly due to the above listed reasons.
On the issue of why the police use violent means to effect the arrest of suspects, two main reasons were identified.
"Resistance to arrest by suspects" and "Assault on the police" in effecting arrest can cause the police to use violent means in arresting suspects. This sometimes leads to the abuse of the rights of such suspects. According to a recent Amnesty International study, there are thousands of reports each year of assault and ill treatment against officers who use excessive force and violate the human rights of their victims (AIUSA Rights 1999:1). Nonetheless the police do so because of the need to protect themselves from these criminals since there is the tendency of the police being injured or killed by these suspects.

4.4. The challenges facing the police institution in the discharge of its duties

In trying to find out how the police safeguard rights of people in a society, it is very potent to know some of the challenges they face. In this regard, the study administered questionnaires to twenty (20) police personnel's .The Questions that was specifically asked the police was to state some of the challenges they face in discharging their duties as guardians of human rights. The major challenge the twenty (20) personnel's we interviewed gave included the following "inadequate logistics, resistance by suspects upon invitation by the police, lack of information from the public during criminal investigations, public interference and finally assault on the police".
Regarding to the first challenge, "inadequate logistics", the study understood from the police that, due to inadequate logistics like vehicles, sometimes when people report of robbery cases and other crimes, they are not able to be there on time to curb the situation. This had led to lots of destruction or loss of lives and properties. Also, they complain of not having enough guns and boots to enable them discharge their duties effectively.
The second challenge being "resistance by suspects upon invitation by the police" was also mentioned. Sometimes, when crime cases are reported to the police and they go to arrest or invite suspects, these suspects most of the time resist arrest and often lead to confrontation between suspects and the police and this does not help the police to effectively undertake their duties.
"Lack of information from the public" is another challenge facing the police. Here, the police is also faced with the problem of the public not being willing to give the necessary information to the police during investigations. Most of the time, people fear that they will be implicated when they give information to the police in the long run. Others too fear that, they would be attacked by these criminals if the criminals are not arrested or after they have served their sentence, since some feel that they will not be protected by the police after giving such information, hence, they tend to be reserved. All these hinder the corporation by the public to give information to the police.
Next challenge is 'interferences by the public". Most of the time, some of these suspects have relations and friends in high authority. When these suspects are arrested and arranged before court, these relations influence the court processes which sometimes lead to the release of suspects without any punishment. These same criminals tend to come back to the society to repeat the same crime or cause harm to the society, thereby making the efforts of the police meaningless.
The last challenge encountered was "assault on the police". The police sometimes are confronted by suspects upon arrest which could lead to injuries and even death of the police which sometimes deter other police personnel to put in their all in the discharge of their duties since they know they can be in the same situation.









REFERENCES
Aning, E.K. (2006), An overview of the Ghana Police Service, Journal of Security Sector
BRIEF FACTS ABOUT THE GHANA POLICE SERVICE, http://www.ghanapolice.info/history.htm 20/01/13
Friedrichs, D. (1996), Police Brutality, Drury University
Mangan, D. (1999), AIUSA Rights, Drury University.















CHAPTER FIVE
SUMMARY, RECOMMENDATIONS AND CONCLUSION

5. INTRODUCTION

This chapter contains a summary of the major findings of the study. Based on the summary, conclusion and recommendation which could be effectively used to improve the performance of the police in relation to human rights were suggested. This chapter concludes the study "Police and Human Rights".
5.1 SUMMARY OF THE STUDY

The analysis of data gathered on the field reveals that, in spite of the challenges facing the police institution, such as lack of logistics, resistance of suspects, and inadequate information from the general public, the institution has contributed positively to the promotion of human rights. This confirms the core objective of the study which sought to examine the extent the police respect the human rights and freedoms of the people in the performance of their duties.
In our quest to ascertain the general public's knowledge on human rights and the powers of police, people could not state the exact hours one can be detained. Most of the respondents stated that on a general basis, it was also discovered that most of them know the rights they possess as humans, since they could state at least one of the human rights.
Generally, their assessment of the police of the police was good confirming the relevance of the institution in the modern society. Almost all our respondents had a general outlook on the core roles of the police, which is the protection of citizens from internal and external aggressions.

The study found out that, not all vicinities in Kumasi have a police station which is a major challenge to both the police institution and residents of such vicinities like Bohyen, Ayeduase. Kentinkrono, among others. We believe the availability of police stations in vicinities will ensure a rapid response to crime and to a larger extent serve as deterrence to crime and human rights abuses.
The study also analyzed how the police managed the human rights of the people. We found out from the police that in certain instances, one can be detained for more than the law requires i.e. forty eight (48) hours. Such instances include when the person is an armed robber, murderer or were arrested on a weekend.
On the part of the police, it was amazingly observed that most policemen could not simply define who a police was. They rather defined the institution not the individual in their various definitions. It was noticed that the police as an institution faces a lot of challenges some being; lack of logistics, resistance of suspects, lack of information and assistance from the general public among many others.
Pertaining to why and how human rights abuses occur, it came to our notice that the police are sometimes compelled to use violent means in extracting information from suspects. Generally, some policemen even confirmed instances that they detained people for more than the law required. Instances of torture of suspects to extract the truth from them were also confirmed.
5.2 RECOMMENDATIONS

The problem of human rights abuses in police custody cannot be solved through mere lip service or through the enactment of strict laws. Similarly it is difficult to find a remedy without altering certain concepts as well as certain social and legal realities which have emerged through centuries. Hence earnest efforts should be made to bring in some changes in the behavioral pattern of the police. In addition to this, vigorous campaigning from different angles and from various platforms is required to eradicate the threat of violations of human rights of persons in police custody. Government should identify the problems and the deficiencies and prepare a master plan regarding the action that has to be taken to curb human rights violations in police custody.
In our present system of criminal justice administration arrest is followed by investigation and collection of evidence. After taking a person into custody, the investigating officers are usually getting confession by physical as well as mental torture. This is entirely different from the system of criminal justice administration followed in other developed countries like England. A new system of criminal investigation is to be fostered in which arrest and interrogation must be the final step after knowing the whereabouts of the suspects and collection of all evidence by lawful means. Sufficient time should be given to the investigating officer for the collection of evidence against the real offender. Adequate training should be imparted to the police officers accordingly.
Powers of the police to arrest should be strictly limited and adequate safeguards for arrest should be ensured. Police should be required to demonstrate in writing the need for arresting an individual as a means of reducing the number of unwarranted arrests at the instigation of vested interests.
The Government should give instructions to all the police officers that arrest should only be made strictly in accordance with legal procedures. They should also be instructed that arrest could only be made by police officers in uniform clearly indicating their names, distinctive ranks and the names of police stations to which they belong. Vehicles used by the police should have number plates clearly displayed at all times. Informal arrest not complying with legal formalities and taking persons in vehicles other than police vehicles should be strictly forbidden and should be made and declared as part of police policy. Police officers making arrests should undergo adequate training in human rights.
The study proves that the use of handcuffs causes humiliation and loss of self-respect to the arrested person. So the barbarous method of tying the human being with iron chains especially while taking through public places should be used only in unavoidable circumstances. Handcuffing is to be used only in the cases in which the person to be arrested are obstructive, disorderly or violent and that too only after getting the required order from the judicial officer in advance. If it is not practical to get such an order in advance, the reason and the circumstances for using handcuff should be recorded in writing and the necessary order of ratification should be obtained from the concerned judicial officer.
There should be massive educational programs nationwide on the human rights of citizens. Institutions like National Commission on Civic Education (NCCE), Commission on Human Rights and Administrative Justice (CHRAJ), the Ghana Legal Council and Non Governmental Organizations (NGO's) must be assisted to carry out such educational programs.
A comprehensive custody record containing all the details of arrestees from the time of arrest should be kept in the station. Whenever a person is arrested, the place, exact time of the arrest, by whom it was made, where the arrested person is being kept, to whom he has been handed over, details of witnesses and other relevant information should be entered in the diary. All these matters should be intimated to the District Police Head Quarters and to the concerned Custodial Justice Officer. All police stations should keep accurate and up-to-date record of these data along with the reasons for detention and the time and date of the person's entry and release from the police station. There should be periodic and unexpected checking of police stations by superior officers or by a visiting body and action is to be taken against those officials who have not followed the procedures.
It must not be forgotten that those who are expected to enforce the law are themselves in need of assistance in carrying out the difficult and often dangerous tasks that are expected of them. It is unrealistic to expect those who are entrusted with the policing of society to do so in a manner which fully reflects these requirements unless they are given proper professional training and resources, and their operations undertaken against a properly constructed set of assumptions. Human rights approaches to prevention of abuses therefore should also indicate the importance of ensuring that law enforcement officers receive appropriate training and law enforcement agencies are properly resourced. More importantly, policing functions should be separated from military functions. With this regard, codes of conduct and ethics should be established and promoted to inform, guide and underwrite best practice in the realization of these functions.
The detainee should be promptly informed of the reasons for his arrest and detention to enable him to effectively present his case seeking legal redress. The officers-in-charge of police stations should be instructed that all detainees must be formally informed of their rights and privileges. The arrestees should be made aware of their legal rights and privileges by displaying in the lock-up a list of those rights and privileges written in the regional language. Taking into consideration of the low literacy rate in many areas, it is suggested that this list of rights should be read out to the arrested person in a language he or she understands as a legal formality. He should also be informed of the disciplinary requirements in police stations.
All persons taken into custody by the police should be kept only in officially recognized places of detention and the names of all those detention centres should be officially notified. Secret or adhoc detention centres should not be allowed. A person in police custody should be given free legal aid if he is unable to have a lawyer at his cost and he should be provided with the assistance of a lawyer at the cost of the State. Of course, the consultation may be within the sight of the police officer but not within his hearing.
Representation of women should be high in every police station. More over the official status of the constabulary is to be upgraded to the rank of skilled workers
Specific guidelines should be formulated by the government for the interrogation of suspects in various types of offences after consulting with human rights activists, police officials, advocates, judges, sociologists, psychologists and members of medical profession. These guidelines are to be published and revised from time to time. Urgent steps are to be taken by the government to have interrogation rooms equipped with lie detectors, close circuit television facility, tape recording system and other scientific gadgets for more successful interrogation as provided in western countries. Suitable atmosphere should be created in all the interrogation centres to enable the interrogator to act according to the innermost attitude of the interrogated.
Scientific method of recruitment should be adopted to obtain candidates of professional aptitude, sound character, political neutrality, above-average intelligence and emotional stability. By taking into consideration of the raising educational standard and financial standard of the society, qualification of the constabulary must be raised to graduate level and their pay scale is to be revised periodically. Steps should be taken for recruiting highly qualified and competent personnel having emotional stability, sensitivity to human rights, sound character, political neutrality, above-average intelligence etc .in the police service. Those persons with criminal nexus or background shall not be selected.
In the Police Training Colleges and Academies the training curriculum should be revised by incorporating a separate subject on 'Humanity'. Noted human rights activists, sociologists, psychologists, eminent police officers who respect human rights should be called to deliver lecture and suggest modem methods of interrogation and thus inculcating respect for human beings in them.
During the training period and the service period, workshops should be organized on the subject 'Third degree methods; a bane' in regular intervals and the participants should be allowed to freely express their feelings so that wrong notions buried deep in them could be extracted out and by process of counseling right thoughts could be imbibed in them. Human Right activists, people from different walks of life including women, officers from all ranks of the police including constables must be invited to attend this workshop. Refresher courses on custodial human rights should be organized periodically at all levels. Implementation of practices taught during training should be monitored and evaluated. Sufficient resources should be allocated to ensure that programmes of training can be carried out effectively and followed up effectively.
The Government should accede to the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention on Prevention of Torture requires the state parties to prevent only the act of torture. It is to be modified incorporating the requirement to prevent the attempt, preparation, complicity and abetment to commit an act of torture also punishable. The Constitution is to be amended so as to incorporate the provisions prohibiting torture and other cruel, inhuman or degrading treatment or punishment.
The Government should also take steps for the prompt and effective investigation of all reports of torture published by the media through an independent and impartial body. It should also initiate model prosecution proceedings against the perpetrators of police torture. Voluntary organizations and human rights activists should be encouraged and appreciated in their endeavours to protect human rights.
A Commission is to be appointed to enquire into the present working conditions, standard of living and domestic requirements of police personnel. To curb corruption the police should be provided with better salaries and other welfare amenities. There is acute shortage of family quarters to police personnel all over the country. Policemen of and below the rank of sub-inspectors are to be provided with sufficient accommodation facilities. They should be provided free house or, if there are no houses available a free rent allowance in lieu.
The contact of the police with the public should be friendly enough to create a mutual respect. If the police respect the public as a whole, the public will respect them more. It is essential to have an endeavor on the part of the police to eliminate the mutual hostility and distrust existing between the police and the public and to develop cooperation and more openness in dealing with the public, especially with mass-media.
As it is the primary right of every person to have a decent wearing apparel, the person in lock-up should be allowed to wear his own normal clothing and under no circumstance should he be compelled to remain only in underclothing or in humiliating dress. If it appears to the police that there is every chance of the detainee committing suicide or if there is no facility to arrange proper observation of the detainees in the lock-up, the detainee should be given a decent dress to wear at least a dress of the type of Bermuda or long trousers at the State's expense and such types of dress should be kept in the stations in a reasonably hygienic condition. Relatives and lawyers should have free access to the lock-up to see the detainee.

Government should provide police stations in various vicinities that lack them, so that they can apprehend criminals at all points in time and ensure the safety of individuals in these areas. Government must also help in the provision of adequate logistics for the smooth performance of their duties.


5.3 CONCLUSION
Since the cardinal principle behind the concept of human rights is the recognition of the rights of everyone to live with dignity and let others also live with such a dignity, this must become the philosophy of life for everyone. The police should also follow the same philosophy since they also form a part of the society. Circumstances make a man a criminal and he is not losing his dignity by the mere reason that he is destined to become a criminal. Police should not resort to torture, violence, and deaths in police custody. We need; the police to be human, tolerant and dignified. The dignity of police is not something to be buried within the four walls of the police station. The police should bear in mind the fact that they are also human beings and that either the notoriety or reputation they have earned in their service does not end with their retirement or death. Hence it is necessary for the police to reorient its style of functioning for playing a more effective role in controlling crime and winning the support and confidence of the people. Radical reform of the police set-up is the need of the time. According to the modem democratic concept, police should always be a friend, guide and philosopher to all the citizens including the criminals in the society.







BIBLIOGRAPHY
BOOKS
Abrahams, R. (1987), 'Sungsungu: Village Vigilante Groups in Tanzania', African Affairs. Atuguba, R. (2006) Structure of the Ghana Police Service and Its Effect on Accountability, Ghana
Crawshaw, R. (1999) Police and Human Rights: A Manual for Teachers, Resource Persons and Participants in Human Rights Programmes, Martinus Nijhoff Publishers, May 1, 1999
Gordan, K. et al, Police and Human Rights Manual for Police Training
International Covenant on Civil and Political Rights (1996).
Jack, D. (2003), Universal Human Rights in Theory and Practice (2nd edition), Ithaca, NY: Cornell University Press.
James C. and Anne M, (1997), Police Brutality in Urban Brazil. United States, Human Rights Watch.
Mangan, D. (1999), AIUSA Rights, Drury University.
Morsink, J. (1999), The Universal Declaration of Human Rights: Origins, drafting and intent, United States, University of Pennsylvania Press.
Nickel, J. Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights, (Berkeley; University of California Press, 1992)
Nihal, J. (1996), The Judicial Application of Human Rights Law National, Regional and International Jurisprudence, United Kingdom, p.298.
The 1992 Constitution of the Republic of Ghana

JOURNALS
Agbewode (2006) "Juapong Police score another human rights abuse", The Chronicle, 23 May, 2006
Akwei (2006) "Is the duty of the police worthy of note?" The Chronicle, 20 July 2006
Aning, E.K. (2006) An overview of the Ghana Police Service, April 2006, Journal of Security Sector
Conference_2006/ghana_police_council_edmund_foley.pdf as on 25 October 2007
Frimpong, (2005) Police gun down carpenter, The Chronicle, May 5 2005
Kewura, (2006) Cops torture man to coma, The Chronicle, January 19 2006
Paragraph 1.13.2 of the National Reconciliation Commission Report
Report of the Archer Commission (1997)
Sudanese police block protest at human rights commission Reuters – Sun, Dec 30, 2012 (Reporting by Khalid Abdelaziz; Writing by Ulf Laessing; Editing by Rosalind Russell)
Sydney (2007) "IGP Interdicts 2 cops", Daily Graphic, 24 February 2007
Tamakloe (2006), "Carry on Ghana Police: Stuff Missing Again", The Enquirer, 27-30 July 2006
Yeboah (2006), "Commercialisation of Police Service", Graphic 6 July 2006


NEWSPAPERS
The Chronicle newspaper May 2006
The Chronicle newspaper, Thursday July 20 2006

INTERNET SOURCES
BBC News Online (2001) Relatives besiege Ghana hospitals, http://news.bbc.co.uk/1/hi/world/africa/ 1323356.stm as on 23 February 2007
BRIEF FACTS ABOUT THE GHANA POLICE SERVICE, http://www.ghanapolice.info/history.htm 20/01/13
Community Policing, http://www.ghanapolice.info/community_police_unit.htm
Fagan, A., (2005) Internet Encyclopaedia of Philosophy, A Peer Reviewed Paper http://www.iep.utm.edu/hum-rts/
Foley (2006) The Police Council in Ghana, http://www.humanrightsinitiative.org/programs/aj/police/ea
Ghana Police Service (2007) Police Administration: Administration of the Service, www.ghanapolice.org/ police_admin/broad_formation.htm, as on 8 February 2007
Ghana Web (2006) The police have done it again, Ghana Web, 31 January 2006, www.ghanaweb.com/
History of Law Enforcement http://www.realpolice.net/articles/police-history/history-of-law-enforcement.html

APPENDIX
DEPARTMENT OF HISTORY AND POLITICAL STUDIES
QUESTIONAIRES ASSESING THE ROLES OF THE POLICE AND HOW WELL THE POLICE AS INSTITUTION OF THE STATE HAVE FARED IN THEIR QUEST TO SAFE GUARD HUMAN RIGHTS IN GHANA.
INTRODUCTION.
We are students of Kwame Nkrumah University of Science and Technology and belong to the above department. We are writing on the topic, the police and human rights: a case study of Kumasi, and we would be grateful if you could provide us with the necessary information. This research is for academic purposes only, hence the information provided would be strictly confidential.
PROCEDURE
1. Please where the alternatives have been provided, tick your answer in the boxes [ ]
2. For other questions, write your answers in the spaces provided.
3. Where the answers provided do not match the right response, specify in the dotted lines provided.




BIOGR APHIC DATA OF RESPONDENTS
Please tick [ ] or answer where appropriate.
1. Gender of respondent.
a) Male [ ] b) Female [ ]
2. Age of respondent.
a) 18-29 [ ] b) 30-50 [ ] c) 51 and above [ ]
3. Place of residence.
...............................................
3b. For how long have you lived at your area? ................
4. Marital status.
a) Single [ ] b) Married [ ] c) Divorced [ ]
5. Level of education.
a) Basic [ ] b) Secondary [ ] c) Tertiary [ ]
If others, specify...................................
6) Occupation
a) Trader [ ] b) Student [ ] If others, specify...............................


GENERAL KNOWLEDGE ABOUT THE POLICE
7. What is the role of the police in the police in the society?
a) Protection of citizens from internal aggressions [ ]
b) provision of shelter for the homeless [ ]
7b. What is your overall assessment of the role of the police in the society? a) Good [ ] b) Very Good [ ] c) Poor [ ] d) Very poor [ ]
8. Do the police perform the duties assigned to them?
a) Yes [ ] b) No [ ]
If no, give your reasons....................................
9. Is there a police station at your area?
a) Yes [ ] b) No [ ]
10. Are the police always available to safeguard our well being?
a) Yes [ ] b) No [ ]





GENERAL KNOWLEDGE ABOUT HUMAN RIGHTS
11. What is meant by Human Rights?
................................................................................................................
12. Do you know your rights as a member of the society?
a) Yes [ ] b) No [ ]
12b) Can you name any one of the human rights?
.................................................................................................

13. What is meant by human rights abuse?
....................................................................
14. Have you ever been a victim of human rights abuse?
a) yes [ ] b) No [ ]
15. Do the police have rights as a citizen in fighting crime?
a) Yes [ ] b) No [ ]



RELATIONSHIP BETWEEEN POLICE AND HUMAN RIGHTS
16. Do you think the police help in observing fundamental human rights?
a) Yes [ ] b) No [ ]
16b. If no, why? ...................................................
17. Can the police detain a person without trail?
a) Yes [ ] b) No [ ]
17b) if yes, for how long?
a) 24 hours [ ] b) 36 hours [ ] c) 48 hours [ ]
18. Would you say the police respect the rights of citizens in the performance of their duties?
a) Yes [ ] b) No [ ]
19. What do the police do to safeguard rights of the people?
.....................................................................................................................................






FOR POLICE ONLY

1. Who is a police?
...........................................................................................................................
2. What are your roles as a police?
....................................................................................................................................................
.....................................................................................................................................................
3. Are you motivated well enough to give your all in performing your duties as a policeman/policewoman?
a) Yes [ ] b) No [ ]
4. In your opinion what are fundamental human rights?
...........................................................................................................................................................
5. Does your work as a policeman involve enlightening citizens on their fundamental human rights?
a) Yes [ ] b) No [ ]
6. What are some of the challenges you face in arresting/inviting suspects?
(i)........................................................................................................................
(ii).........................................................................................................................
(iii)..........................................................................................................................
(iv)..........................................................................................................................

7. Are you sometimes tempted to use violent means in arresting suspects?
a) Yes [ ] b) No [ ]
8. For how long can you detain crime suspects without trial?
...........................................................................................................
9. Are there instances where you detain suspects for more than the law requires?
a) Yes [ ] b) No [ ]
9b) If yes, state a few of such instances.
(i)................................................................................................................
(ii).................................................................................................................
(iii).................................................................... (iv)...................................................................................................................
10. Are you well armed to protect yourself from armed criminals when fighting crime?
a) Yes [ ] b) No [ ]
11. What powers does the constitution grant the police as an institution in discharging their duties?
(i)..................................................................................................................................................
(ii)...................................................................................................................................................
(iii)....................................................................................................................................................
(iv)......................................................................................................................................................
12. Do the police as an institution have enough logistics to carry out their duties?
a) Yes [ ] b)No [ ]
13. Is there any appeal the police would like to make to the government and or the general public?
a) Yes [ ] b) No [ ]
13b) If yes, specify
GOVERNMENT
.................................................................................................................................................
...................................................................................................................................................
GENERAL PUBLIC
......................................................................................................................................................
......................................................................................................................................................