News › General News       11.10.2002

NRC will not let sleeping dogs lie

...NRC to summon uncomplaining victims of human rights abuses The National Reconciliation Commission (NRC), on Thursday said it would summon those who have suffered human rights abuses and have decided to let sleeping dogs lie or have knowledge of abductions to testify before the Commission during public hearings. Speaking at a day's seminar in Accra to sensitise men and officers of the Ghana Prisons Service on the work of the Commission, General Emmanuel Erskine (RTD), a member of the Commission explained that the Commission would not engage in any witch-hunting, but would take proactive measures to ensure that the exercise had a deeper meaning. General Erskine told the participants at the seminar the Public Affairs Secretariat of the Commission organised, that as much as the filing of complaints was a person's prerogative, the Commission would invite persons with information or documents to testify, if such were of national significance. General Erskine took the officers through the functions and procedures of the Commission, statement taking, counselling of victims, investigations and research, and added that research and investigations were to verify the claims made in the statements submitted to the Commission. He added that research had begun into the workings of some public institutions in human rights violations under the periods being covered. General Erskine told the men and officers of the Prisons Service that the investigators of the Commission were all experienced Police officers, and they would collaborate closely with the Prisons Service in the course of undertaking their functions. Professor Henrietta Mensa-Bonsu, a legal expert and also a Commissioner of the NRC speaking on the powers of the Commission, said the Commission has the power to compel anybody, and it would compel anyone who refused to appear before it to give information relevant to the Commission's work. She said this would establish a pattern of abuse for appropriate redress. Where a person challenges an invitation from the Commission to testify, Prof. Mensa-Bonsu said the matter would be determined by the High Court. She said the NRC was not a court of law, and special immunity enjoyed by some people would not extend to the investigation of facts. The Law lecturer said the investigative powers of the Commission were akin to those of the police in respect of entry onto premises, search, seizure of any article relevant to its investigation She said the Commission might enter premises without a warrant if the consent of the occupant of the premises was obtained in order to search, seize and remove any article or document. "Where it is impracticable to obtain a warrant before entering, the Commission can enter the premises on account of the fact that such delay might defeat the purpose for which the warrant is to be obtained, the Commission can enter any premises without a warrant, search, seize or remove any relevant document or article. "However, within 24 hours after this has been done, a warrant had to be obtained to cover the entry. "The decision to enter premises without a warrant would have to be put before a Chairman of a Community Tribunal in the relevant magisterial district to scrutinise whether there was reasonable grounds for such a search", she said. She said the opportunity for judicial scrutiny for such act of entry, search, seizure and removal of any article deemed relevant placed a responsibility on the Commission to ensure that all such entries were absolutely necessary for the achievement of all its objectives. Similar seminars would be held for the police and the military.

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