GHANA NATIONAL RECONCILIATION COMMISSION

UNCLAS ACCRA 001631 SIPDIS E.O. 12958: N/A TAGS: PGOV PREL PHUM KDEM GH SUBJECT: GHANA NATIONAL RECONCILIATION COMMISSION CONCLUDES: FORMAL REPORT FORTHCOMING ¶1. Summary. After 22 months of hearings, the National Reconciliation Commission wrapped up its formal hearings on July 13, with a few high-profile cases ensuring that the NRC's closing would not pass quietly. In spite of some rumblings from the opposition party, most agreed that the NRC had done a good job in its proceedings and that witnesses' testimonies were heard fairly and transparently. The formal report is now being compiled and will be released to the government, and for public review, in mid-October - just over a month before national elections. Over 2,000 petitions were heard by the NRC during its tenure. End summary. ¶2. The past few months saw several high-profile cases come before the NRC. Most notably, the case involving the murders of three High Court judges was of particular interest. Allegations were made to the NRC that former president Rawlings and his former security adviser, Kojo Tsikata, masterminded the murder of the three judges and an army officer in 1982. The charges have been denied by Rawlings and Tsikata, and even into the waning days of the NRC's hearings, SIPDIS Tsikata protested the handling of the hearings pertaining to SIPDIS these cases. Tsikata filed an appeal at the Appeals Court with the complaint that the time allocated for his cross-examination of his accusers was restricted, and that he was denied access to his accusers' original statements. The Appeals Court is expected to pronounce a ruling on Tsikata's claim before the NRC issues its report in October. ¶3. In spite of a few contested allegations, the work of the NRC seems to have largely accomplished its aim. The NRC's goal was to provide a forum in which citizens who felt they were subjected to state-sanctioned human rights violations could openly and freely have their cases heard. Although the opposition NDC has argued throughout the process that the NRC is merely a politicized stage to win the ruling NPP favor with the public, the process has been generally accepted as fair and transparent. ¶4. Although the National Reconciliation Act of 2002 states that incriminatory evidence taken during the NRC hearings "shall not be used in any criminal or civil proceedings against that person", former and current NDC members remain concerned that the commission's report will be used to prosecute key figures of the PNDC, under whose rule many of the alleged human rights abuses took place. On August 2, an NDC Member of Parliament, in a private lunch, told the Ambassador that Rawlings was concerned about the possibility of being prosecuted for crimes that were revealed during the NRC's hearings, and that this concern affects his decisions about foreign travel. The MP was also critical of the NRC's handling of the High Court judges case. ¶5. Comment. The NRC statute does not preclude prosecution based upon evidence independently developed by the NRC. However, the 1992 Constitution has immunity clauses for acts taken in an official capacity. To date, criminal prosecution by the NRC has not been a major focus of public (or private) discussion of its activites. The immunity language of the NRC Act and the Constitution would present significant barriers to any attempts to do so. Nonetheless, rumblings about the prospect of the role of the NRC in future criminal or civil prosecution - mostly from the opposition - persist. It is expected that the report's release in mid-October will provide additional fodder to the pre-election foray. End comment. YATES NNNN