US embassy cable - 04ACCRA1631

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, 
 
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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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