KA MA MI which literally means ‘speak for me’ is a BEST NACEM
FOUNDATION initiative partnered by the Legal Aid Commission. It was established
in April 2022 with the aim of alleviating prison overcrowding by going to court
to adjudicate remand and pre-trial cases since Article 14(4) of the 1992
Constitution stipulates that, a person who is arrested or detained, but has not
received a trial within a ‘reasonable period of time’, is entitled to
unconditional release or release subject to conditions necessary for
reappearance for judicial proceedings.
HOW THE INITIATIVE WORKS
• BEST NACEM foundation, a
human right NGO who also serves as facilitators for this initiative visits the
prisons or the police station with questionnaire form to interview the remand inmates
specifically inmates with expired warrant .
• After the interview, BEST
NACEM foundation makes a follow up to the investigators handling the cases of
the inmates interviewed or visits with the courts that their cases are pending
for their criminal proceedings and charge sheets. “A charge sheet is a court document that details a brief fact of the
offence allegedly committed by the accused persons in prisons.
• The charge sheet is then
presented to the lawyers at the Legal
Aid Commission, partners of KA MA MI project, for it to be studied for
motions to be drafted and filed at the court for the interviewed inmates to be
either granted bail, discharged, speed their trials or convicted.
This initiative enjoys the collective efforts of the Judicial
Service of Ghana, the Office of the Attorney-General, the Ghana Prisons and
Police Service, court bailiff as well as BEST NACEM FOUNDATION (Civil Society
body that serve as facilitators).
Congestion has forced prisoners to sleep in very dehumanizing
positions in prison cells. It is common for as many as fifty-five (55) inmates
to share a cell intended for twelve (12). To amplify the issue of overcrowded
prisons and the lengthy pre-trial detention, sometimes detainees serve more
time in detention awaiting trial than the actual sentence the crime requires.
Records from Ghana Prisons Service Criminal Records Units states
that the total prisoner population at the end of February, 2022 was 13,743 as
against the authorized nationwide prison capacity of 9,875 with an overcrowding
rate of over 35%.
The situation and the continuous incarceration of some accused persons in
prison custody either on remand or wrongly convicted (miscarriage of justice)
mostly resulted in the fact that, inmates could either not afford the services
of lawyers or had no direct communication with lawyers. This necessitated this
initiative “KA MA MI”, which is in partnership and supervised by the Legal Aid
Commission and coordinated by the Ghana Prison Services paralegal while being
facilitated by the BEST NACEM FOUNDATION.
KA MA MI
Impacts:
- KA MA MI has helped
reduce a lot of Remand prisoners particularly in the Eastern Region of
Ghana. Since its inception, inmates of 102 have been granted bail, 8 have been acquitted and discharged,
28 have been convicted, two have been referred to the psychiatric
hospitals, and 42 bail applications have been refused. (attached are media interviews for
evidence)
- KA MA MI has received
commendation from the Attorney General Department, Cooperate bodies like
Richie Plantation Limited, Delight Pharmacy, Blow Chem (producers of Bel
Aquah) and traditional leader’s like Nana Asare Kumi III Chief of Okorase and Osaberima Attah Dwamena II Chief of
Sankubenase for its remarkable efforts in ensuring that the poor and
innocent in prison get justice.
·
On the first day of the programme at Anyinam Circuit court, six
inmates from Osino police station were granted bail. This was a remarkable
effort from Lawyer Phidelis Nana Osei Duah, the Eastern Regional Head for Legal
Aid Commission.