Reprimand Bryan Acheampong…Other Recommendations Of The AWW Emile Short Commission
The Justice Emile Short Commission has recommended that Mr. Bryan Acheampong be reprimanded for his ultimate responsibility as Minister in authorizing an operation on a day of an election in a built-up area.
The Commission, which was chaired by the former head of the Commission on Human Rights and Administrative Justice (CHRAJ), Francis Emile Short, made several other recommendations for which it expects the government to act upon.
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RECOMMENDATIONS
1. STRUCTURAL
1.1. The Commission recommends that the president should review and restructure the Ministry of National Security establishment with a view to ensuring clarity of responsibilities and roles as well as lines of reporting.
1.2. The Commission recommends the establishment of a standing command and control center tasked inter alia with the role of assessing and processing intelligence for rapid deployment. This center will incorporate key officers of allied internal security agencies, including the police, military, national security, fire service, customs etc.
1.3. The Minister of State appointed at the presidency to the Ministry of National Security should have a clearly delineated role with responsibilities indexed to that of substantive sector minister. This should establish a clear chain of command and the circumstances under which he or she can act in the absence of the substantive Minister.
2. OPERATIONAL
2.1. It is recommended that as a matter of urgency, the police and national security establishment develop protocols for the assessment and rating of intelligence received; and subsequent deployment of missions, if any.
2.2. The Commission recommends that no masked or hooded men should be used for civilian policing, especially in electoral policing or the execution of intelligence contingent on, or connected with, any ongoing elections in Ghana.
2.3. The Commission recommends that SWAT teams and police officers deployed to maintain the peace and order on electoral grounds must have rigorous training in crowd control, arrests and perimeter security for both the ongoing electoral exercises and for any allied security issues that may emerge in an ancillary fashion.
2.4. The Commission recommends that standard rules and procedures for the issuance of weapons and ammunition to police officers and operatives of the national security who are sent on missions and accompanying rules of accountability for these weapons and ammunition should be enforced.
2.5. The Commission recommends that intelligence-based agencies should operate under the law and be guided by the fundamental human rights of citizens. In this vein, the Commission also recommends that operatives of the National Security Council should be trained to internalize human rights rules including the provisions on the fundamental human rights of the Constitution within their Standard Operating Procedures (SOPs).
2.6. The Commission recommends strict adherence to the rules on searches and seizures, especially as regards to respect for the privacy of the citizen. Consequently, the Commission recommends that a ministerial directive be issued reminding all state operatives of the need to respect the citizen’s privacy except as authorized by judicial orders.
2.7. The Commission recommends that the SWAT team of the National Security Council Secretariat should be disbanded and operatives be reassigned as appropriate.
2.8. The Commission further recommends that support for special operations should be sought from the specialized units of the police directly as and when necessary.
2.9. The Commission recommends intelligence sharing between relevant agencies where an operation would entail or necessitate inter-agency cooperation, such as the operation that has formed the subject of this inquiry. The police should be better resourced so that they can maintain active communication during the entirety of operations. Providing equipment to only the leaders of an operation who cannot be everywhere at once leaves the flank unprotected and this would not inspire confidence in any of them.
3. INDIVIDUAL LIABILITIES
3.1. The Commission recommends the criminal prosecution of Mr. Ernest Akomea alias ‘Double’ for the unauthorized possession of firearms under section 192(1) of the Criminal Offences Act.
3.2. The Commission recommends the criminal prosecution for the offence of assault, to wit, the slapping of Mr. Samuel George by Mohammed Sulemana.
3.3. The Commission recommends the immediate removal of DSP Samuel Kojo Azugu from command responsibility at the Ministry of National Security given his failure to appropriately command and control the SWAT team of which he had charge during the operation at the La Bawaleshie school polling station. It is recommended that he should be reassigned by the IGP.
3.4. The Commission recommends the reprimand of Colonel Mike Opoku, for being ultimately responsible for the outcome of the SWAT operation at the La Bawaleshie School Polling Station. His liability is further reinforced by his failure to properly define the mission for which the SWAT team was sent and ensuring that the SWAT team complied with the defined mission. Further, he failed to conduct and internal inquiry into identifying the culprits of the offence when revelations became rife that there were operational lapses resulting in violations of human rights.
3.5. It is further recommended, that Col. Opoku be made to immediately release the weapons used for, as well as the persons involved in, the operation to enable ballistic testing and analysis to be undertaken and for further investigations by the police.
3.6. The Commission recommends that Mr. Bryan Acheampong be reprimanded for his ultimate responsibility as Minister in authorizing an operation of that character on a day of an election in a built-up area.
4. COMPENSATIONS
4.1. The Commission recommends the payment of financial compensation to the following persons on the basis of injuries sustained by them arising out of the reckless gunshots by the SWAT team, and that is to say :
1. Mr. Theophilus Sedofu
2. Seidu Zaneh
3.James Moore
4. Mohammed Alhassan
5. Ishawu Yaro
4.2. The Commission recommends payment of compensation to the following persons for damage caused to their properties.
a. Owner of vehicle (model unknown) with registration number GE 3844-17.
b. Owner of Kia Picanto vehicle with registration number GW 1045-17.
c. Mrs. Justine She, Owner of beauty salon bordering the road.
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