Parliament‘s Committee on Defence and Interior, assigned to investigate the military brutalities against Ashaiman residents, has presented its report.
In its report, the committee highlighted that the military’s actions violated the fundamental rights of the affected persons, describing the excessive force leading to innocent civilians being beaten and harassed as “unacceptable and intolerable”.
The military swoop took place in parts of Ashaiman on Tuesday, March 7, following the murder of a young soldier, Trooper Imoro Sherrif.
According to GAF, “the military operation, which was sanctioned by the Military High Command, was NOT to avenge the killing of the soldier but rather to fish out the perpetrators of the heinous crime.”
But Parliament’s Committee on Defence and Interior recommends sanctioning military personnel involved in the brutalities meted out to civilians. Among other things, the committee also recommended compensation for persons brutalised by the military who sustained various degrees of injury.
View full report here:
1.0 INTRODUCTION
At dawn on Tuesday, March 7, 2023, it was reported in the media that the Military had stormed the communities of Tulsiku and Taifs in Ashaiman on a swoop to find suspected criminals in connection with the killing of a young soldier, Trooper Imors Sherrif, in Ashaiman.
Regrettably, innocent civilians and residents of Ashsiman suffered distress and untold indignities during the millitary operation that was reported to have been sanctioned by the Military High Command. News of the operation and its excesses resulted in an uproar among the civilian populace.
In accordance with Standing Order 158 which mandates the Committee on Delence and Interior to perform oversight functions over the security sector, the Minister for Defence and the Military High Command were invited to a meeting on Thursday, 9 March, 2023, to brief the Committee on the reasons for the operation and also address the alleged brutalities meted out to civilians in Ashaiman.
The Minister for the Interior was also invited to appear before the Committee in relation to the Ashaiman shooting incident.
1.2 Terms of Reference of the Committee
The Committee further undertook a visit to the communities on Thursday, 16th March, 2023, to:
➤ Ascertain the facts surrounding the death of Trooper Imoro Sheriff
➤ Commiserate with the bereaved fatily of Trooper Imoro Sheriff
➤ Determine the basis for the Military brutalities in the communities
➤ Assess the extent and enormity of the injuries sustained by the victims and the damage caused to personal property
➤ Empathise with the victims of the military operation
➤ Provide recommendations to the House for consideration
2.0 LEGAL PRAMEWORK
The Committee’s work was extensively guided by the overarching values and principles underpinning the following:
The 1992 Constitution
The Ghane Armed Forces
The Standing Orders of the House
2.1 The 1992 Constitution of the Republic of Ghana
Article 12(1) of the Constitution provides that:
*The fundamental human rights and freedoms enin this chapter shall be respected and upheld by the Executive, Legislature, and Judiciary and all other organs of government and its agencies, and where applicable to them, by all natural and legal persons in Ghana; and shall be enforceable by the Courts as provided for in this Comestition.”
Article 15 (1) and (2) of the Constitution also provide that:
1) The dignity of all persons shall be inviolable.
(2) Ne persen, shall, whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatment or punishment
(d) any other condition that detracts or is likely to detract from his dignity and worth as a human being.
Standing Orders of the House.
2.1 The 1992 Constitution of the Republic of Ghans
Article 12(1) of the Constitution provides that:
*The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislative and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution”.
Article 15 (1) and (2) of the Constitution also provide that:
“(1) The dignity of all persons shall be inviolable.
(2) No person shall, whether or not he is arrested, restricted, or detained, be subjected to
(a) torture or other cruel, inhuman or degrading treatment or punishment;
(b) any other condition that detracts or is likely to detract from his dignity and worth as a human being.
4.0 VISIT TO ASHAIMAN
On Thursday, 16th March 2023, the Committee paid a visit to the Ashaiman Zongo Laka Community to ascertain the circumstances leading to the death of Trooper Imoro Sheriff,, the extent of the military brutalities and the enormity of the injuries sustained by victims.
The Committee in no uncertain terms condemned the murder of Trooper Imoro Sheriff and assured the family and the people of Zongo Laka that steps would be taken to ensure that the late Trooper’s family gets the justice they deserve. The Committee urged the victims to exercise restraint while the Committee conducts its investigation.
The Committee also commended the Ghana Police Service for its swift action in apprehending the perpetrators of the crime and successfully restoring peace in the Ashaiman District,
The Committee reminded the community members that the Military and other security forces were friends of the public and urged them to live in harmony with each other. Furthermore, the Committee urged the people of Ashaiman to be bold and report known criminals within their community to enable the security agencies maintain peace and security.
5.0 MEETING WITH PERSONS AFFECTED BY THE OPERATION
THE OPERATION
Lawyer Emmanuel Kumadey, who was identified as the spokesperson of the affected persons, recounted the events of that fateful Tuesday, 7th March 2023. He stated that, he received a call from a concerned person who informed him that the Military had invaded Ashaiman at 3:30 a.m.
Following the call, he peeped out of his window and saw military vehicles parked outside his house. The Military had set up a command centre at the location.
5.0 FINDINGS OF THE COMMITTEE
It was established that the military operation that took place at Ashiaman Tulako and Ashiaman – Taifa on Tuesday, 7 March, 2023 was indeed sanctioned by the Military High Command.
II. The operation was sanctioned based on intelligence gathered by the Military.
III. Some residents of the affected communities were subjected to acts of torture and sustained various degrees of injuries (see Appendix
B
IV. About 247 persons suffered varying degrees of injuries causing them somatic (bodily) pain, and with others traumatised (see Appendix C).
V. Dr Alhassan offered medical treatment for fifty (50) of the affected victims.
VI. There were damages to some personal properties of residents during the military operation (see Appendix A)
7.0 OBSERVATIONS
7.1 Institutional Fallures of Security Agencies
The Committee observed that there was no collaboration between the Ghana Armed Forces and the Ghana Police Service in the Ashaiman operation.
The Committee noted that intelligence-led operations within the country that border on crime are the preserve of the Ghana Police Service. Therefore, intelligence gathered by the Ghana Armed Forces should have been passed on to the Ghana Police Service for necessary action. The Committee observed that an inter-agency collaboration could have averted the type of brutalities that was witnessed at Ashaiman.
7.2 Deteriorated relationship between the Military and Civilians
The Committee noted that the relationship between the Military and civilians had deteriorated significantly, resulting in constant reports of civilian-military clashes. This deteriorating relationship between Citizens and the Military must be addressed as a matter of urgency. A good and effective civil-military relations is a recipe for national peace and security.
7.5 Excessive Military Force
The Committee also observed with concern that the Military used excess force in rounding up suspects, leading to innocent civilians being beaten and harassed. In the Committee’s opinion, this is unacceptable and intolerable. The atrocities unleashed by the military violated the fundamental rights of the affected persons.
8.0 RECOMMENDATIONS
Flowing from the evidence adduced by the Committee, and having regard to the legal framework concerning incidents of this nature, the Committee recommends the following:
8.1 Persons brutalised by the Military in Ashaiman on 7th March, 2023, and who sustained various degrees of injury should be promptly and adequately compensated by the State. The compensation must be extended to cover those persons whose properties were destroyed in the course of the Military swoop.
8.2 The Committee abhors any form of torturous handling of civilians by the Military or any security services for that matter. The Committee calls upon the leadership of the Ghana Armed Forces to educate their personnel on the legal demands and consequences of such acts.
8.3 The Committee further recommends that the soldiers who indulged in the excesses associated with the operation should be identified and dealt with in accordance with Section 32 of the Ghana Armed Forces Act, 1962 (Act 105), which stipulates that: “Every person in the Armed Forces who behaves in a cruel or disgraceful manner shall be guilty of an offence and on conviction, liable to imprisonment for a term not exceeding five years or to any less punishment provided by this Act.”
8.4 The Committee again recommends that the National Security Council ensure that there is collaboration and coordination among the security agencies in the country, particularly between the Armed Forces and the Police Service in the execution of their functions and duties. The Committee entreats the Security Services to follow their respective mandates as provided by law.
8.5 The Committee emphasised that the involvement of the military in internal security operations must be a last resort. The Police Service must in all instances, be the lead agency in internal security operations. The effective coordination of intelligence must be promoted at the National Security Council level to prevent the reoccurrence of such excesses.
8.6 The Committee recommends that the Ghana Armed Forces work towards improving their relationship with the public to engender trust and confidence in the populace.
9.0 CONCLUSION
The Committee hereby recommends that the House adopts its report on the Military operation in Ashaiman that took place on Tuesday, 7 March 2023.
