Art 33(1) HC enforcement of HR.
Art 13 right to life, except sentence to death, lawful act of war, reasonable application of force
Art 14(1) right to personal liberty except imprisonment, illness (2) right of arrested person, reason of arrest, lawyer, understandable language, notice of warrant s7.
Attempted abortion not informed of right to lawyer, conviction quashed per Republic v Akosah. (3) 48-hour rule (4)release conditionally or unconditionally if not tried within reasonable time. Court mandatorily grants bail on unreasonable delays, all offences bailable but discretionary per Martin Kpebu v AG(5) compensation for unlawful arrest or detention, no unnecessary restraint except necessary to prevent escapes6 (6) lawful incarceration period considered in sentencing.
Gabriel Bosso v Republic , must expressly be made in judgement record that period of incarceration was taken into consideration an operated on judge’s mind when passing judgment as contained, sentence shouldn’t be less than statutory minimum or be retrospective(6) compensation after acquittal or appeal. Per Dadzie Sabbah v Republic SC receives certificate from acquittal court and may or may not grant compensation taken into consideration the circumstances of the case, granted where prosecution was without reasonable cause at all, or was sought to infringe on fundamental HR, or when the charge was unknown to law or court had no jurisdiction.
Art 15 dignity-no torture, inhumane treatment, per Nana Ampofo v AMA & AG
Art 19(1) fair hearing in reasonable time (2) Jury in death-unanimous or life imprison-majority, except treason by 3 HC judges (2c) presumption of innocence per Gorman v Republic (2d) detailed info on charge per Ali Yusuf Issa v Rep (2e) adequate time for defence preparation (3) Presence at trial except refusal to appear, unreasonable conduct, pleads by writing on fine or less 3 months punishment, per Bonsu alias Benjilo v Republic(4) record of proceedings within 6 months (5) not charge on act not offence at commission time, per Hassan v Republic(6) not impose punishment harder than maximum, per Francis Fiebor v Republic(7) autre fois acquit or convict except ordered by superior court on appeal or review or treason or high treason (10) Not compellable to give evidence per Okyere v Republic (11) no offence unless defined and punishment attached except contempt per British Airways v AG (13) adjudication authority be independent, impartial (14, 15) proceeding in public except morality, public order and safety (16) accused may prove certain facts, insanity, possession of narcotics (16) criminal offence is one under our laws.
Art 290 amendment of chapter 5 HR-entrenched provisions