- 8 Marks
Question
Ohemaa, a physically challenged girl of 13 years, sells oranges at Banana-Inn junction. She was so popular and friendly that, so many young girls and boys come around to her shop whilst she is selling. One day, a Police vehicle pulled off in front of her shop and the police officers got down only to indiscriminately shoot in the air. All the young girls and boys around ran for their lives, but Ohemaa could not run away.
The police arrested two boys and Ohemaa and detained them in police cells for three days. Whilst in police custody, the two boys were beaten, and Ohemaa was slapped. They were arraigned before a district magistrate court. The magistrate, after listening to the police, remanded them for 30 days.
Required:
i) List FOUR (4) fundamental human rights of Ohemaa and the two boys that may have been violated.
(4 marks)
ii) What TWO (2) courses of action can Ohemaa and the two boys take?
(4 marks)
Answer
i) Rights of Ohemaa and the two Boys that may have been violated:
- Right to personal liberty.
- Right to human dignity.
- Right to privacy and protection.
- Right to a fair trial.
- Right of disabled persons.
(Any 4 points @ 1 mark each = 4 marks)
ii) Courses of action Ohemaa and the two boys can take:
- Petition to the Inspector General of Police (IGP).
- Petition to the Commission for Human Rights and Administrative Justice (CHRAJ).
- Petition the Police Professional Standards Bureau (PPSB) – Police Department.
- Taking civil action.
- Invoking Article 33 of the Constitution, 1992 – proceeding to the High Court, which handles human rights cases. The High Court may order various writs, including the writs of habeas corpus, certiorari, prohibition, etc.
- Petition to the Ministry of Gender Affairs.
(Any 2 points @ 2 marks each = 4 marks)
- Tags: Fundamental Human Rights, Legal Actions, Police Misconduct
- Level: Level 1
- Topic: Human Rights
- Series: MAR 2023
- Uploader: Dotse