Date of Award

2-1-2025

Publication Type

Thesis

Degree Name

LL.M.

Department

Faculty of Law

Keywords

Human rights; Pre-trial detention; Pre-trial rights

Supervisor

Sara Wharton

Supervisor

Danardo Jones

Rights

info:eu-repo/semantics/openAccess

Abstract

The propensity of pre-trial detention to violate human rights has generated significant calls for its use as a measure of last resort- an ultima ratio. This notwithstanding research reveals that it is used excessively and arbitrarily globally. Ghana’s pre-trial detention regime reflects this concerning trend, even though there exists a seemingly robust human rights legal framework enshrined in chapter 5 of the 1992 constitution and fortified by international human rights treaties it has signed and ratified. While considerable attention has been given to Ghana’s pre-trial detention regime in recent years, the judiciary's role in interpreting and enforcing these rights remains underexplored. This thesis aims to bridge the gap by examining how the Ghanaian courts have interpreted and analyzed the human rights legal framework to safeguard the rights of pre-trial detainees. Utilizing the doctrinal methodology, the thesis employs statutes, case law and scholarly literature to analyze the practical effectiveness of these human rights protections The findings of this thesis highlight gaps including the need for a presumptive ceiling in pretrial detention in order to give effect to the constitutional provision of “reasonable time”. It also argues for a higher standard in determining when pre-trial detention is justified as well as the establishment of a constitutionally acceptable standard of detention conditions. Ultimately the research calls for judicial proactivism to ensure that the gap between the ideals of pre-trial rights and their practical effectiveness are bridged.

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