Human Rights Violation Case

Summary

Nanabas grandmother was accused of witchcraft, deprived of essentials, and died. Legal action was dismissed due to cultural practices. Nanaba can challenge this by emphasizing international human rights laws, which protect against cruel treatment and ensure the right to life. Gathering evidence and seeking a lawyer with expertise in both Ghanaian and international human rights law is crucial. Customary practices should not override fundamental human rights. Nanaba can strengthen her case by highlighting violations of international human rights laws.

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Nana Ama Akosua, a *-year old grandmother, went to visit her very best friend, Maame Akosua Adwoa in her hut. Nana Ama Akosusa met her friend panting hard for breath. Akosua removed her kaba to fan her friend in a desperate attempt to revive her. Unfortunately, Adwoa died. Akosua’s screams for help attracted some boys in the neighbourhood who, on seeing her half-naked body, accused her of bewitching and killing her friend. They subsequently dragged her to the chief priest. After forcing her to drink some concoctions, Akosua was pronounced a witch by the priest. Consequently, she was taken to the witch camp. Which is located at the outskirts of the village. Whiles Nana Ama Akosua was deprived of her medication and regular food supply and lived at the mercy of an NGO save the Witches Foundation. Around that time, her only grand-daughter, Nanaba who has been living abroad and had arrived to pay her a visit came to meet the raw deal her grandma had been subjected to. She wanted to take her to the hospital for treatment but the boys prevented her from doing so. The next day Nana Ama Akosua died. After the burial, Nanaba decided to Institute a legal action against the boys, the chief priest and the chief of the village for violating their grandma’s rights and freedoms. She referred the matter to the High Court which took two years to make a ruling due to a strike action by the judicial service staff which paralysed the administration of justice. However, one could make a special case before the Chief justice to expedite the process after paying a special fee. Yet, Nanaba was not ready to do that. Ultimately, the court ruled that it did not have jurisdiction because what the defendants are accused of is a cultural practice which is recognised in the customary norms of their community. Nanaba subsequently submitted a complaint to the Human Rights Committee (HRC) by describing Ghana’s legal system as outmoded, outlandish and disrespectful of the dignity of human beings therefore she cannot find justice for her grandma. She also threw insults at the President of the Republic for not responding to her petition to compel the Supreme Court to sit on the case. After submitting her complaint to the HRC, Nanaba has approached you as a highflying human rights lawyer to be her legal counsel. Advise her.
Hi Lawrencia,
Based on the information provided, here are some points for Nanaba to consider:
- Documentation: Gather all evidence, including medical records, witness statements, and any relevant documentation.
- International Human Rights Law: Emphasize violations of international human rights laws. The Universal Declaration of Human Rights could be relevant here.
- Customary Practices: Challenge the argument that cultural practices justify human rights abuses. Customary laws cannot override fundamental human rights.
- Legal Counsel: Seek a lawyer with expertise in both Ghanaian law and international human rights law.
Would you like information on contacting a suitable lawyer or more details on relevant international laws?
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Issue
- Nana Ama Akosua accused of witchcraft, deprived of food/medication, and died.
- Legal action against boys, chief priest, and village chief dismissed due to cultural practice.
- Complaint submitted to Human Rights Committee (HRC).
Rule
- Universal Declaration of Human Rights: Protects against torture, cruel treatment, and ensures right to life.
- International Covenant on Civil and Political Rights: Prohibits arbitrary deprivation of life and ensures fair trial rights.
Analysis
- Gather Evidence: Collect medical records, witness statements, and any documentation of the incident.
- Customary Practices vs. Human Rights: Argue that human rights supersede cultural practices.
- International Law: Highlight violations of international human rights laws to strengthen the case.
Conclusion
- Seek a lawyer experienced in both Ghanaian law and international human rights law to pursue the matter further.

Would you like information on contacting a suitable lawyer or more details on relevant international laws?
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