Private legal practitioner Martin Kpebu asserted on May 18 that individuals in state custody, including Kwame Baffoe Abronye, known as Abronye DC, retain their constitutional right to healthcare, emphasizing that detention does not negate access to necessary medical treatment. This statement follows concerns from Abronye DC’s legal team regarding his deteriorating health while in the custody of the National Intelligence Bureau.
State Responsibility for Detainee Well-being
Speaking on Joy FM’s Top Story, Mr. Kpebu explained that once an individual is detained, the state assumes full responsibility for their safety and well-being. This responsibility crucially includes ensuring access to healthcare services.
Authorities overseeing detention facilities are legally obligated to provide immediate medical attention if an inmate’s health condition worsens. “Once he is in their custody, there is a heightened sense of responsibility on the authorities,” Kpebu stated.
He further elaborated that if a detainee’s condition deteriorates, the expectation is that they will be promptly taken to a hospital for treatment.
Constitutional Rights Beyond Liberty Restriction
Mr. Kpebu referenced the 1992 Constitution of Ghana, clarifying that while lawful detention permits the restriction of a person’s liberty, it does not infringe upon fundamental rights such as healthcare and dignity.
He specifically pointed to Article 14, which outlines the rights of individuals in lawful detention. While movement and certain freedoms can be curtailed, the right to medical care remains legally protected.
“When the Constitution talks about access to health and dignity, it does not say that because you are incarcerated, your health rights are curtailed. No. What is usually curtailed is liberty,” he explained.
Considerations for Politically Exposed Persons
The legal practitioner also observed that security agencies often exercise extra caution when dealing with politically exposed individuals. This heightened vigilance is a response to the potential legal and public relations consequences of any perceived medical neglect.
In severe health cases, Mr. Kpebu noted that authorities might consider granting bail or temporary release. This allows detainees to receive proper care, potentially with family support, while legal proceedings continue.
Implications and Future Watch
The comments by Martin Kpebu underscore the critical legal framework governing the treatment of detainees in Ghana. They highlight that even under lawful arrest and detention, fundamental human rights, particularly the right to health, are non-negotiable.
This clarification is vital for ensuring accountability of state security agencies and upholding the constitutional rights of all citizens, regardless of their legal standing. The situation of Abronye DC serves as a pertinent case study, drawing attention to the practical application of these legal principles.
Moving forward, the focus will likely remain on how effectively these rights are upheld in practice, especially in high-profile cases. The actions taken by the National Intelligence Bureau regarding Abronye DC’s health will be closely monitored, potentially setting precedents for future detentions and the state’s adherence to its healthcare obligations towards those in custody.
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