US embassy cable - 04ACCRA1382

C O N F I D E N T I A L SECTION 01 OF 02 ACCRA 001382 
 
SIPDIS 
 
E.O. 12958: DECL: 06/30/2014 
TAGS: PGOV, PHUM, PINR, GH 
SUBJECT: THREE MURDERED JUDGES HONORED; OPPOSITION STAYS 
AWAY 
 
REF: ACCRA 1311 
 
Classified By: Polchief Richard Kaminski, reason 1.5 (B/D). 
 
Summary 
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1. (SBU) On June 28, the Ghanaian Government honored the 
memory of three judges murdered in 1982, in the turbulent 
early years of former President Rawlings' PNDC military 
government.  President Kufuor unveiled busts of the three 
executed jurists before a solemn audience of Ghana's social 
and political elite -- minus his political opposition. 
Simultaneously, the National Reconciliation Commission took 
additional hearsay testimony that Rawlings and his close 
advisors ordered the killings.  While Commission proceedings 
have been scrupulously non-partisan, and the unveiling 
ceremony made no mention of the politics of the day, the 
political overtones in an election year were unavoidable. 
Meanwhile, opposition politicians quietly discussed the 
December elections with security personnel. 
 
Murdered Judges Busts Unveiled 
------------------------------ 
2. (U) President Kufuor, Chief Justice Acquah, and Speaker of 
Parliament Adjetey unveiled bronze busts of the three 
murdered judges before a large crowd seated on the lawn of 
Ghana's Supreme Court Building.  Speaker after speaker 
extolled the courage of the judges (who struck down edicts of 
the then-military government), and recalled the repressive 
atmosphere of the period (while avoiding any mention of who 
actually ruled Ghana in 1982 -- Jerry Rawlings and his PNDC 
government).  Although scattered among the hundreds of 
lawyers, government officials, and social and political 
notables attending the crowd were supporters of the NDC and 
other parties, no "official" members of the principal 
opposition attended -- no DNC members of parliament, or 
former ministers, or NDC party officers. 
 
NRC Takes Hearsay Testimony That Rawlings Knew All 
--------------------------------------------- ----- 
3. (U) For the previous several weeks, the National 
Reconciliation Commission has renewed its examination of the 
murder of the three judges, recalling former National 
Security Advisor Kojo Tsikata, and a number of others, to 
offer additional testimony on the gruesome events of 1982 
(the three judges were abducted late at night by unknown 
persons, executed, and partially incinerated -- an official 
of the PDNC government and several others were later tried, 
convicted, and executed by the PNDC government itself for the 
murders).  On the day of the ceremony honoring the judges, a 
witness offered hearsay testimony, previously heard from 
other hearsay sources, that Rawlings and Tsikata had 
"master-minded" the killings (Rawlings and Tsikata have 
stoutly maintained their innocence on many occasions).  While 
simultaneous to the unveiling ceremony, the timing of the 
testimony appears to have been coincidental. 
 
 
NDC and Security Forces Continue Informal Discussions 
--------------------------------------------- -------- 
4. (C) Against the backdrop of these two dramatic public 
events recalling past security force abuses, Former Vice 
President Atta Mills, the NDC candidate for president, and 
other NDC officials, met informally with senior security 
personnel to discuss election security and other topics. 
Deputy Inspector General of Police Patrick Acheampong told 
polchief June 24 that the a 2-hour meeting with police 
commanders in Accra went "very well," and Mills was very 
appreciative of the opportunity to talk at length on the 
upcoming elections.  Mills also told the police commanders 
that he regarded Rawlings as a burden, needing to use him in 
the campaign due to Rawlings continuing personal popularity 
with NDC supporters, but having to manage Rawlings' 
propensity to shoot from the hip and make outrageous 
statements. 
 
5.  (C) Other NDC officials are also reaching out.  A Muslim 
NDC parliamentary candidate told polchief June 28 that he had 
just met with National Security Advisor Francis Poku, an old 
friend, and had reassured Poku that "mainstream" NDC 
candidates and activists wanted a peaceful election season. 
Poku, he said, gave a measured response, pledging security 
force neutrality, but noting that security forces would be 
ready for trouble "if they needed to be." (Note: this 
qualified pledge mirrors Atta Mills' statement to Ambassador 
Yates on June 22 that he meant to be the candidate of peace, 
but only if "everyone" was peaceful. Reftel.) 
 
Comment 
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6.  (C) In honoring the murdered judges, the Kufuor 
government underlines its own commitment to the rule of law 
and ordered government, while reminding everyone (without 
having to spell it out) that Rawlings and his minions were in 
charge when the killings happened.  While no definitive 
answer exists on Rawlings' personal involvement, testimony 
before the National Reconciliation Commission deepens the 
distinction the present government wishes the public to draw 
between legitimate and illegitimate governments. 
 
7.  (C) The informal NDC boycott of the commemorative 
ceremony reinforces the perception that the principal 
opposition party, as a successor to the PNDC military junta, 
cannot yet break with its anti-democratic past.  Mills is 
making some efforts to establish himself as a candidate 
independent of Rawlings, and his reaching out to security 
forces is a positive development.  Each side, government and 
opposition, remains suspicious of the other's electoral 
season intentions, but reason and restraint so far prevail. 
End summary. 
 
 
 
 
 
Yates