10. The Government failed to provide further details of the relevant laws on request, merely stating
that “if the Complainant has violated some laws, he must stand trial for them in the national courts.” It
is by now well-settled law before the Commission that where no substantive information is forthcoming
from the government concerned, the Commission will decide on the facts as alleged by the
Complainant (see, e.g., decisions on communications 25/89 [47/90, 56/91,
100/93], 59/91, 60/91, 64/92 ,87/93 and 101/93).
11. Article 7.1 of the Charter reads:
1. Every individual shall have the right to have his case heard. This comprises: (d)the right to be tried
within a reasonable time...
12. The Complainant was detained in prison for seven years without trial before his escape. This
period clearly violates the “reasonable time” standard stipulated in the Charter.
13. Article 12.2 of the Charter reads:
2. Every individual shall have the right ... to return to his country. This right may only be subject to
restrictions, provided for by law, for the protection of national security, law and order, public health or
morality.
14. The Complainant alleges the existence of a law in Ghana permitting the detention of escapees on
their return to the country. The Government has denied that the Complainant would be imprisoned on
grounds of escape on his return, but concedes that he could be tried for any criminal offences that he
may have committed. The government has stated that all political prisoners have been released, but
the Complainant provides evidence of other escapees who were arrested on their return to Ghana and
that there is some indication that he would also be subject to the same treatment.
15. The facts provided are insufficient to find that the Complainant’s right to return to his country has
been violated.
Holding
For these reasons, the Commission
Holds there has been a violation of Article 6 and Article 7.1.d the Charter
Urges the Government to take steps to repair the prejudice suffered.
th
Taken at the 20 session, Grand Bay, Mauritius, October 1996.