Monday, December 23, 2019

STEPS 6 & 7: What Can Be Done, and Who Must Act?


STEPS 6 & 7: WHAT CAN BE DONE, AND WHO MUST ACT?

The issue (for example in our assault case) can be resolved or settled between the victim and the perpetrator through effective action and advocacy by Human Rights Activists and Defenders like us those of us on this page and others. 

If the above fails, then a legal process of the rule of law can be triggered.

IN COURT – APPLICATION OF THE RULE OF LAW IN OUR CASE EXAMPLE:

If a legal procedure is triggered in our scenario of Kwame vs Kofi then the following references in law can be made from the Criminal Offences Act of Ghana 1960, Act 29.

SECTION 84 of the Criminal Offences Act of Ghana 1960, Act 29 states that: “A person who unlawfully assaults another person commits a midemanour.”

Misdemeanours are offences that are not regarded as serious. Such offences attract punishment which should not exceed imprisonment for more than three (3) years. This does not mean that the punishment is mandatorily a term of imprisonment.

Other lesser modes of punishment like fines, executing of a bond to be of good behaviour and a caution are all acceptable at law misdemeanours are offences amenable to a settlement.

As has already been rightly suggested, human rights education, advocacy and effective timely action for are very important

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