GHANA NATIONAL RECONCILIATION COMMISSION

UNCLAS ACCRA 001631

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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,

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Tsikata protested the handling of the hearings pertaining to

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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


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