US embassy cable - 05ACCRA791

C O N F I D E N T I A L SECTION 01 OF 02 ACCRA 000791 
 
SIPDIS 
 
PASS L-LEI:D. BUCHHOLZ AND K. MUELLER 
DOJ/OIA FOR P. ROWAN AND A. IVANOVA 
LAGOS FOR DEA AND LEGATT 
 
E.O. 12958: DECL: 04/26/2015 
TAGS: CJAN, GH, KCRM, KWMN, PGOV, PHUM, SNAR 
SUBJECT: AMBASSADOR MEETS GHANA'S MINISTER OF JUSTICE: 
EXTRADITION, TIP, HUMAN RIGHTS 
 
REF: A. ACCRA 451 
 
     B. STATE 41922 
     C. 04 ACCRA 2503 
     D. ACCRA 302 
 
Classified By: Ambassador Mary C. Yates for reasons 1.5 d and e. 
 
1.  (SBU)  Summary:  On April 20, Ambassador and PolChief met 
with Ghana's new Minister of Justice and Attorney General 
Ayikoi Otoo and his new Deputy Minister to discuss 
extradition matters, pending legislation and several human 
rights cases.  The Ambassador formally asked about the status 
of the Grace Coleman extradition request (there has been no 
movement.)   The GOG reportedly wants to do more 
consultations with stakeholders before moving forward with 
the trafficking in persons bill (although it is not clear the 
minister's information on this is accurate).  The Ministry 
has begun looking at our draft Letter of Agreement on Law 
Enforcement.  End summary. 
 
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Extradition Issues 
------------------- 
 
2.  (U)  The Ambassador thanked Otoo for the GOG's 
cooperation on the extraditions of Amcit Carmella Warren 
(extradited on 1/12/05) and Ghanaian Emmanual Abraham 
(extradited on 3/25/05).  Minister Otoo did not know the 
status of our extradition requests for Evan Kawesi Attah and 
Elizabeth Manu-Owusu (ref A).  The Ambassador noted she was 
formally asking the status of our extradition request for 
Member of Parliament Grace Coleman, noting that lack of 
movement on this request was damaging Ghana's image in the 
USG, especially in relation to cooperation on 
anti-trafficking.  Ghana needs to do something to move 
forward on this case, she stated.  Otoo responded that, as 
far as he knew, this case had not been discussed in the top 
levels of government, including in Cabinet.  However, he said 
he would take note of our interest and get back to us. 
 
3.  (C)  The Ambassador gave the Minister a copy of the 2003 
draft bilateral extradition treaty we had given to his 
predecessor.  She noted our continued interest in updating 
the current 1931 bilateral treaty.  Otoo made no substantive 
comment.  (Note:  PolChief later that day got an update from 
Rebecca Adjelo, the prosecutor in charge of extradition cases 
in the Ministry's Prosecutor's Office.  She said the Attah 
and Manu-Owusu extradition efforts are still going through 
the courts.  The defense is putting up many obstacles and the 
cases are going to the High Court the week of April 25.  On 
Grace Coleman, she said all the legal paperwork is ready for 
extradition.  It is only pending a political decision to act 
on the case.  She offered to help put a fire under the 
extradition treaty negotiation.  End note.) 
 
---------------------- 
Trafficking in Persons 
---------------------- 
 
4.  (U)  The Ambassador asked about the status of Ghana's 
anti-trafficking in persons (TIP) legislation.  The GOG wants 
to do more consultations with civil society stakeholders 
before moving the bill to Cabinet and then to parliament, he 
said.  He hoped this could be done before Parliament 
reconvenes on May 10.  He acknowledged receipt of the draft 
Amendment to the Letter of Agreement (LOA) on Law Enforcement 
(which was also sent to the Minister of Interior), outlining 
training and technical assistance focused on the 
investigation, arrest, prosecution and conviction of 
traffickers (ref B).  He had received a note from the 
Minister of Interior suggesting they meet to form a common 
GOG position on the LOA.  Otoo said he had initial concerns 
about how to handle the victim assistance component of the 
LOA and about how the lack of a TIP law might impact LOA 
commitments. 
 
----------------- 
Other Legislation 
----------------- 
 
5.  (U)  Otoo confirmed that the Freedom of Information Act 
and Anti-Money Laundering bills have not been passed by 
Cabinet and need to have more civil society input.  The 
Domestic Violence bill needs much more public discussion. 
The Whistle Blower Act is before Cabinet and he expects it 
will be sent to Parliament soon. 
 
------------------ 
Human Rights Cases 
------------------ 
 
6.  (U)  Otoo confirmed that the GOG had formally charged and 
detained three suspects in the case of the death in military 
custody of Alhaji Issah Mobila, a local politician in the 
Northern Region (ref C).  The suspects are awaiting trial. 
He was convinced there were no other outstanding suspects in 
the case.   When asked about the investigation of the 2002 
murder of the Ya Na chief, Otoo said suspects had been 
acquitted and this was now a Ministry of Interior matter. 
 
7.  (U)  When asked about the recent rise in violent crime, 
Otoo said he was worried about the vigilante lynching of 
suspected armed robbers and concerned by the public 
celebration of a policewoman whose recent actions led to the 
mob lynching of robbers. 
 
8.  (U)  Minister Otoo drew our attention to his work on a 
report on the National Reconciliation Commission (NRC), which 
completed its work in October, 2004.  The GOG plans to 
establish a reparation fund to compensate victims of human 
rights abuses since independence.  It is unclear where the 
money will come from, although he hoped perpetrators would 
contribute anonymously.  The International Center for 
Transitional Justice is helping the GOG identify how to raise 
the funds.  Otoo noted that the GOG also envisions 
non-monetary gestures of reconciliation such as letters of 
apology and awards.  (Note:  Otoo publicly announced this 
initiative on April 22. End note.) 
 
9.  (U)  The Ambassador asked about the role of the Attorney 
General's office in combating corruption.  Otoo said the 
Ministry's Serious Fraud Office had the lead, but that his 
ministry had just formed an Internal Anti-Corruption 
Committee, composed of civil society and government members. 
He hoped we might support this group to improve skills in 
fighting corruption. 
 
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Comment 
------- 
 
10.  (C)  The meeting with Otoo was disappointing.  He was 
not well briefed on our issues, despite our having raised 
some of the same matters in a February meeting (see ref D, 
also for bio).   Otoo still appears to be settling into being 
a minister, joking about getting used to courtesy calls and 
asking us for help with funding back-up generators for his 
ministry.  Some of his answers were very partisan (pro-NPP). 
Many of the draft laws that we care about, including the TIP 
bill, do not appear to be as far along as we hoped (although 
the minister's information about the TIP law conflicts with 
other information we have received that the law will be going 
to Cabinet soon.)  Otoo had no issues to raise with us, 
except the request to fund a generator.  At the least, we 
hope we put some energy behind the LOA and the extradition 
treaty. 
 
 
 
 
 
 
 
 
 
 
 
 
 
YATES