Introduction
The Commonwealth Human Rights Initiative is a human rights organisation seeking the practical realisation of human rights in Africa. The Legal Resources Centre was established to develop human rights capacity and to link community concerns to ensure decisions take into consideration less advantaged populations.
Following reports in the media on clashes between factions in a chieftancy dispute in the Anlo traditional area of the Volta region at the Wuornygu shrine on 1st November, 2007, the CHRI and LRC, two human rights non- governmental organisations in Ghana decided to conduct a one-day fact finding to the area to ascertain the circumstances that led to the clash, possible violations of human rights that may have occurred after mass arrests conducted by the security agencies, and how the situation was affecting the socio-economic life of the communities.
The group was led by Nana Oye Lithur of CHRI and Edward Amuzu of the LRC.
Brief background
On Thursday, 1st November, 2007 chaos broke out in the community of Anloga, in Keta district of the Volta region following a chieftaincy dispute that led to a brutal clash between the members of the community and the police. It all started from a long-standing dispute over the installment of a new paramount chief, locally referred to as the ‘Awoamefia’, to succeed the deceased chief who died 11 years ago. Mr. Francis Nyonyo Agboada also Regent Togbui Sri III, claimed rights over the throne and publicised his plans to be installed.
This was however opposed by some clans in the community who insisted that the Regent could not be a legitimate successor to the throne since he does not belong to the ruling ‘Adzorvia’ clan. This dispute also resulted in court cases where the parties contesting the regent’s enthronement sought a court ruling to determine whether Mr. Agboada is a legitimate successor to the throne. The court also issued an injunction, pending suit, against any installment of a chief before a final ruling on the matter was made.
The intensity of the conflict between the two factions escalated when the supporters of the Regent, attempted to approach the traditional shrine to perform the cultural rituals of his installation on November 1, 2007. He was intercepted by youth from the opposing faction, who barricaded the shrine to prevent the event from taking place. The clash, which started at 12.30pm at the Wuornygu Shrine, was sparked off during a confrontation between one member from the regent’s camp who struck another member of the opposing group with a knife.
During these skirmishes a gunshot was heard in the area and the policemen guarding Mr. Agboada’s camp responded by shooting, which triggered reaction from the people. According to reports from police authorities, the people were armed with stones, which they threw at the police men. The police in retaliation fired gunshots in a bid to quell the disturbances and in the process three people including a woman and 2 men were killed while several others sustained injuries. It is also during this scuffle that the people kidnapped one of the police officers Constable Moses Deba together with his AK 47 riffle.
On Friday 2nd November, 2007 reports emerged that the policeman was dead and his corpse was found dumped at the Keta lagoon but his AK 47 riffle still missing. Following this news, the police and soldiers, started a house to house arrest in the attempt to trace the people responsible for the police officer’s death and to recover the missing weapon. On the same day, a curfew was declared by the Minister of Interior and an Executive Instrument issued restricting the carrying of arms to authorised persons.
An additional 100 policemen were deployed in the area on friday. Reports were also made that despite orders in the Executive Instrument the regent’s supporters went around masquerading as people in authority and carrying arms to intimidate their opponents.
In the random exercise, the police went house to house, breaking into peoples’ homes vandalising property and arresting any male youth in sight; brutally beating them up with batons and gun butts and causing them to sustain severe injuries. Upon inquiring about this brutal treatment, the deputy regional commander, ACP Hamidu Mahama informed us that reasonable force had to be applied because the people were resisting arrest.
94 people were reported to be arrested and detained at Anloga police station in cells that were heavily congested. As a result, two of the suspects collapsed and were later sent to Keta hospital for immediate medical attention. Later that day, several others were subsequently transferred to the same hospital. Keta hospital administration reported a total of 20 victims, including three police officers, who were referred to the hospital for medical attention.
74 of those who were arrested were sent to Ho Police station, the very station where the deceased police officer was attached. According to the District Chief Executive Mr Edward Kofi Ahiabor, the transfer of the suspects was necessary for security reasons. At the Ho police station however, it was also reported that the suspects were being mistreated and detained under inhuman conditions.
The team first visited Atopkor town near Anloga, to meet with the assembly man for an interview. From the onset, it was observed that the assembly man was nervous and reluctant to divulge information regarding the disturbances and how they had affected the residents. He however later confirmed that the police had visited the area and brutalised one resident, who is driver, without clear reason.
Our Observations
During our mission, we also noticed that most of the residents, especially the youth had fled to the town to neighbouring communities and other areas. We were informed that some were smuggled, some swum across the lagoon, and hid at the beach area, or were ferried by canoes deep in the night across the lagoon to avoid detection by the police.
Members of the team spoke to people randomly in different parts of the town. The general observation was that people were scared for their lives and safety. They were therefore unwilling to speak to us about events of the previous days. Most of them were afraid of retribution from the police if they talk to us. According to them, some people in the town who belong to Nyonyo’s group are going round identifying other people who are not part of their group to the police to be arrested.
On our visit, despite it being a market day, we noticed that little activity was going on. The general atmosphere was terse with a strong sense of fear and policemen patrolling the town. One woman interviewed was so scared that she requested her gate should be shut so that no one would see her being interviewed by the fact finding team.
The streets were almost deserted with few people walking around and some shops open. Some shop owners the team spoke to indicated that although their shops were opened they have kept most of their wares inside so that in case there was any disturbance, they can quickly lock up and flee. After several unsuccessful attempts to interview people, we were finally able to talk to a few of the residents.
It was extremely difficult to interview the members of community to find out what happened.
During the clash, four people lost their lives. The family of the murdered woman offered some information, the woman who was murdered, went to visit her daughter who had just delivered a baby around 9am. From visiting her daughter she went to the market to buy some items. She was going to the market when she met the police shooting indiscriminately. She decided to run to the shrine for protection since she is a trokosi of the shrine. She was just about to enter the shrine, when she was shot.
She was taken to the hospital by her relative. The police were not involved in conveying the body to the hospital or subsequent arrangements. They had not contacted the family or the husband of the deceased woman to inform them of the death and circumstances. They did not know whether an autopsy or post mortem had been conducted.
The husband of the deceased woman is an old aged infirm man. The following day that is Friday morning, five policemen and two soldiers came to the house of the husband of the deceased woman with guns. They pointed the guns at him and asked him who was in the house. They bypassed him and searched the rooms in the house. The gun was still pointed at him whilst the house was searched the house.
According to a woman interviewed, on Friday morning, she was with her grandson in the house. Their house is at Lashibi – Diversion several hundred metres away from the scene of the clash. She saw him off to the uncle’s house which is almost next door. She was eating at the adjacent house when she was told that her son had been arrested. She went to the police station, but was not allowed to see her son. She saw him getting onto a bus for Ho. He had been beaten and had a cut on his head. She was not allowed to talk to him and has not seen him since.
The third woman said on Friday the police went to her father’s house, broke the front door, bedroom door and went into the bedroom. Her brothers were hiding under the bed as the police went into the bedrooms. The policemen held her sister-in law and asked her to show him where the men in the house are. She said there were no men in the house. They took the two women away to the police station. Her brothers escaped by using the beach and they have not been seen or heard of since.
One woman said they were scared, and they do not know where their husbands, brothers or sons are. They are scared because people point out other people to the police; the police arrest these people thereafter. Several persons interviewed mentioned the existence of men with ‘Awomefia task force badges’ who were going around pointing out people to be arrested. She said they are scared to go to the market to buy food, and very few people are selling foodstuffs.
Another said when the curfew was imposed they were in front of their house at 5.45pm, 15 minutes before the curfew when they were chased with guns by the police. After they entered their houses they heard someone screaming for help, but they could not go out to help the person. All their husbands and sons have scattered and they do not know where they are.
Another woman said the women and children are suffering from what is happening in Anloga. She said her children are not sleeping. She said the school uniform of one of the pupils was torn by the police, and the children are scared to go to school. She said on Friday November 2, 2007, some drivers were stopped, passengers were made to walk, mates were asked to slap their drivers. Some were asked to hop up and down holding their ears. Some riding bicycles were asked to get down and carry the bicycles on their head.
At the hospital the doctor in charge reported that some nurses being transported home from Keta hospital after their duty shift were harassed by the police. The police commander later came to the hospital to apologise to the hospital authorities.
We visited five houses that were empty. The doors were barred and locked, but there was nobody in the house. The N/Amable House is one such house.
A headmaster of a School who was interviewed said around 12 noon on Thursday, November 2, 2007, the clash occurred and children rushed out of the school. He saw market women also running away from the market. Friday at dawn the police blocked the road. He saw men tied up with ropes and lying on the street and that was when he learnt the police were doing a house to house search. He started driving his car and the police gave some warning shots, he therefore slowed down. He said the police were armed with AK 47 rifles. He said there were road blocks mounted by the police and a house to house search was conducted by the soldiers and the police. He was called on the phone by his wife that the police were in their house and so he rushed back home. They asked his 11 year old boy questions, they asked all the men to follow them, and he refused. His wife started bleeding and the police saw it and left the compound. He says a friend in his house was arrested and he does not know where he is.
Another man interviewed said he saw the whole shooting incident at the shrine. He also said the men with the ‘awomefia task force’ badges have started identifying people and these people identified were arrested by the police. He said on Sunday the Awomefia boys numbering 40 in all went around the whole community with the police , they destroyed a house and said they were looking for the murderer of the police.
Interviews at the Keta Hospital
The team also visited Keta Hospital to interview the injured victims and ascertain the extent of their injuries. At the time of our visit we interviewed four patients who were still under admission at the hospital. One of the interviewees was an 18 year old boy, who was on his way to the market to buy a shirt on the day of the incident when he was shot twice with a stray bullet on his right thigh. He also mentioned that on the day he was admitted to the hospital, he was brought along with the three deceased people who were shot during the incident. His condition, according to the supervising nurse, was still in a critical state.
Another patient who was injured during the incident stated that on the day of the clash, he did not know what had happened because he was at school. He stated that on the morning of Friday 2nd November, 2007 policemen came to his house banging his door and ordering that it should be opened it. Before he could open, the policemen broke the door and forced their way into the house. They first beat up his roommate who was in a separate room and then proceeded to the interviewee’s room and beat him up with a baton causing him severe injuries around his shoulders.
They were then taken to Anloga police station at around 6am and detained in a police cell with 22 other suspects. He stayed in the cell for around six hours until he and another suspect collapsed and were taken out to the compound. Later, he was transferred to Keta hospital where he had been admitted since Friday, 2nd November 2007.
Several other patients who were injured during the incident also testified about the maltreatment meted out to them by police officers during the mass arrests and the inhumane detention conditions under which they were kept at Anloga police station.
One respondent who works with Zoomlion said on Friday 2nd October he was in the market cleaning when the police pounced on him, beat him up and arrested him. According to him, the police did not ask him any question. He saw other people also being treated in a similar fashion. The police were armed with guns and truncheons.
At the police station when asked what his offence was, the police responded that they wanted him dead and that a police man is dead so if he dies, it is of no consequence. The police hit him on the head and abdomen with truncheons which resulted in some head and internal injuries. According to him he lost consciousness in the process and when he regained consciousness he was in hospital, a fact confirmed by some nurses at the hospital.
Asked if other people were arrested and how many, the respondent said, there were so many people but he cannot put a number to them.
Another victim had been admitted at the Keta district hospital for five days. He had already gone through his first surgery on his cheek. He said the Doctor said there was going to be a second one but he does not know the date and day.
In the interview the respondent who is a victim of the clashes explained he had gone to the durbar grounds to meet his two brothers who were already at the grounds watching what was going on. Meanwhile there were the two factions were singing and chanting. At this point in time a both clans moved towards another and the fighting broke out. The police then moved in and started using their batons to disperse the group. Stones and flying in the air. Just as he moved away from the scene a big stone was thrown at him. He had a big cut on his face and was rushed to the hospital were he received medical attention.
He said just as he got to the hospital another victim came with bullets wounds on his waist. He said that the attitude of the police was not the best. They scared the group with the weapons that they had.
During our visit to the Jubilee radio station we were informed that the station was closed on Friday, November 3, 2007 for non-payment of some fees to the NCA. It is instructive that the radio was closed down a day after the clash.
Education
We visited three schools, EP Church basic Schools, the L/Government school, and the Roman Catholic school and they were all closed down and the school building was locked and shut up. We were informed that Zion College, Avete Junior High School, Roman Catholic Junior High School, and Roman Catholic School were all closed down and locked up. There were no pupils, teachers or administrators on the school premises. We were informed that the schools had been closed since Thursday after the clash, when the pupils run helter skelter due to the mayhem. Two head teachers reported that they were manhandled by
Interview with Major Woanya, Assemblyman for Lashibi Electoral Area, and also 2nd Vice Chairman, Volta Regional NPP
During the last week of October, he heard that there was going to be a cultural festival instead of hogbetsotso festival. On Thursday morning, he saw a boy playing a gong gong inviting people to gather at Agorwovornu. When the gong gong beater got close to the residence of the Assemblyman, some two policemen came close to him and asked why he was making the announcement. Immediately, someone prevented the gong gong beater and the police from having a clash, and they all moved in different directions.
Later that morning, the Assemblyman left for Ho. He was informed later by people of the electoral area that the police started beating the youth who were wearing red.
He proceeded to explain the current situation and his frustration on how the police without conducting any proper investigation, had manhandled the residents who were less concerned about the incident. He stated that the chieftaincy dispute is a private affair for which only a few disgruntled people were involved. However, that the police instead are entering peoples’ homes and jumping on fences, breaking doors and arresting anyone deemed to be protesting the installment ceremony. Several properties including personal effects were destroyed in the process. He stated that the police have embarked on an intimidating campaign, asking people to hop around and beating them up in case they protest.
He also mentioned an example of how the police had ordered one of the residents to sleep on the dead policeman’s corpse also making remarks such as, ‘we will roast this corpse for you to eat.’
On the morning of this interview, one gentleman complained to the Assemblyman that the police had asked him to hop and hold his ears when he came out a few minutes after 6 am to go to the farm. He came out after 6am and after the morning curfew was over. As at Sunday, November 3, 2007, the police were still picking people. The police went as far as the Zion Secondary School area to pick teachers and students.
On the death of one policeman, the police became a party to the dispute and there is no way they were going to be impartial in the handling of civilians they had picked up. They cannot be neutral and protect life and property of those they have arrested. It is also a big concern that the police have sent those they have arrested to the home station of the policeman murdered.
He said there needs to be an in-depth investigation into this matter. It is also a concern that most of the police personnel sent to Anloga do not speak the language. It appears that created some level of mistrust between the police and the local people. It is also worrying that police used live ammunition to control the crowd. People are worried that the police can abuse the curfew imposed.
He contacted the District police commander to enquire about the police’s conduct but was told that the issue was being handled at the national level hence out of their control. He called on the police authorities to investigate the matter and prevent further mistreatment of the residents by the police.
He also visited the police station at Ho where around 74 suspects were being detained. He spoke to the suspects who stated that they were being beaten up every day. Among the detainees was a shrine priest, who stated that he had been arrested being he had refused to perform the customary ceremonies ordaining the regent as chief. At the cell, he said the conditions are horrible and yet there was no doctor attending to their health.
On his comment about the aftermath of the incident, he stated that the situation was still volatile as the police could pounce on anybody at anytime. He noted that the police’s role in redressing the incident was to enforce the restraining order against the enstoolment ceremony and yet this was not done. Instead, the police were actively supporting and protecting the regent’s side, which is only one side of the disputing factions. He stated that the regent’s agents were moving around with policemen pinpointing those they deemed to have been involved in the scuffle.
This therefore caused several youth to flee the area in fear of being harassed. In his view, the disturbances would not resolve in the short-term. The assembly man complained that there was a high-security threat in the area. He also stated that schools have been forced to close down and one of the headmasters was forced into hiding.
Later that day, the team also received reports that 64 suspects detained at Ho police station were released on police enquiry bail while 7 others were refused bail. That same day, one of the detainees was reported dead from the police cell in Ho.
Interview with the Deputy Regional Commander, ACP Hamidu Mahama
According to him, the Police were aware that there would be a problem because there were different factions in the chieftaincy dispute. He also said that he was not aware that there were directives from the REGSEC about the issue. He said the Police had a letter from the Awomefia Secretariat that there was going to be a week of cultural festivities. Nobody objected to it and so it was allowed.
We asked whether there were reports of police misconduct by the community after the clashes having regard to the number of complaints we received about police brutalities, he said there had been no reports. He said the police was conscious of human rights throughout the operations.
He said 150 police officers were on the ground before and during the clash and 100 were brought from Accra after the curfew had been imposed. He said 92 people were arrested on the day and placed in the Anloga cells. He personally interviewed and released the old and other suspects and so these spent less than 10 minutes in the cell.
He confirmed that the police mobilized mass arrests of people living in the vicinity of the shrine when the incident occurred. Men from ages 35 to 45 were arrested. On the method of arrest used by the police he said that some resisted arrest. He said policemen were dispatched from Ho to beef up security.
Interview with District Chief Executive Edward Kofi Ahiador
He confirmed that the police conducted mass arrests. He said some people who were arrested resisted the arrest and the police applied minimum force to get them arrested. He said a DISEC meeting was convened in the afternoon of November 2, 2007, on the day of the interview to address the tension and fear in the community.
He said information vans would start going around the community on November 6, 2007 to encourage those who have fled their homes to return. He said nobody has lodged a complaint of harassment but was not able to disclose any plans to address the situation in Anloga and environs. He said concerns had been raised about the curfew hours since people move to their farms as early as 3to 4am, but nothing could be done about it, until the security agencies say there is calm. He says there will be investigations into the matter by the district assembly and Ministry of Interior.
Meeting with Minister of Interior
Members of our team met with the Minister of Interior the next day on November 6, 2007 and briefed him on the team’s assessment of the human rights situation. He promised to address the issues raised and immediately during the meeting called the Police to:
- Stop the issuing of curfew permits by the Keta District Assembly contrary to the Executive Instrument and to strictly comply with the EI in issuing curfew permits - Ordering the arrest of the ‘Awomefia Task Force’ by the police - Ordering the police to withdraw police protection for Nyonyo Agboada, also known as the Regent Torgbui Sri III
Fundamental human rights that were violated during the Anloga disturbances.
From the above analysis, it is clear that certain fundamental human rights of the citizens were violated including; the right to life, the right to human dignity, the right to security of a person, the right to property, the right to privacy and the right to personal liberty.
- the right to life During the incident, 5 individuals including; Israel Ahadzi, Mama Senyo, Menco Tugba, Israel Cobbah Amenumeh and Constable Moses Deba, lost their lives as a result of the disturbances. This constituted a violation of their fundamental right to life guaranteed under Article 13, 1992 Constitution of Ghana.
- the right to human dignity According to reports, several suspects were brutalised during the mass arrests, beaten up severely by policemen using batons and gun butts, manhandling the suspects and causing them to suffer massive injuries. Upon arrest, the suspects were incarcerated under inhuman conditions in police cells that were heavily congested. More still, reports about the policemen ordering people to hop around in an intimidating manner and the actions of the policemen in ordering one individual to lie over the dead policeman’s corpse constituted treatment of the most degrading character on the part of the policemen contrary to Article 15, of the 1992 Constitution.
- the right to security of a person In this case, the general environment of fear upon the residents of Anloga perpetuated by the heavy presence of policemen armed with Ak 47 riffles in the township. In addition, reports were made about the police moving around with members of one faction pinpointing those deemed to be in protest, which instilled a lot of fear upon the residents causing several others to flee the town in fear of being spotted. This constituted a violation of the residents’ right to security guaranteed under Article 3 of the Universal Declaration of Human rights and legally enforceable under Article 9 of the International Covenant on Human and Peoples’ Rights.
- the right to property The right to security guaranteed under Article 18, 1992 Constitution of Ghana was violated during the mass arrests when policemen vandalised peoples’ property including doors in the attempt to force their way into peoples’ homes to arrest the suspects.
- right to privacy In addition, the residents’ right to privacy guaranteed under Article 18 of the 1992 Constitution was also violated when the police forced their way into the homes of the residents in a bid to secure the arrests.
- right to personal liberty During the mass arrests, several innocent people were wrongfully arrested and detained hence restricting their freedom of personal liberty guaranteed under Article 14 of the 1992 Constitution of Ghana. In addition, several of the suspects reported that the police gave no reason for their arrest, which was in contravention of their rights under Article 14 (2), of the Constitution.
- right to education As a result of the disturbances, three schools including EP Church basic Schools, the L/Government school, and the Roman Catholic school were closed down as the students fled for their lives hence disrupting academic activity in violation of the students’ right to education guaranteed under the international Covenant on Economic, Social and Cultural Rights, the African Charter on the rights and welfare of a child and the Children Act.
Recommendations:
1. The police and security agencies in Anlo should cease forthwith the harassment and intimidation of community members, mass arrests based on profiling of suspects, and should carry out their duties having regard to due legal processes, the Police Service Instructions and its Code of Conduct. 2. Unnecessary violence and mistreatment of persons in custody constitutes police misconduct under the Police Service Instructions, we recommend that The Police Council and Police Intelligence and Professional Standards Unit discipline any police officer found to have been in violation of the law in accordance with section 18 of the Police Service Act and the Police Service (Disciplinary Proceedings) Regulations, this we hope will restore the confidence of the community in the Police 3. We support the calls for Parliament and Government to, without any further delay; investigate the circumstances leading to the breakdown of law and order in Anloga on November 1st, 2007 and the subsequent clashes that ensued by establishing an independent enquiry into the incident. Due to the mistrust, suspicion and levels of tensions, the legitimacy and independence of the Commission should be assured to enable all factions to have confidence and fully participate in the investigative processes. 4. A conducive atmosphere should be created for the children to return to school in Anloga. 5. We support calls for an enquiry into the conduct of the police in the aftermath of the clash on November 1st, 2007 and the human rights violations that were committed. The facts adduced during the interviews conducted reveals once again police brutality on the community during the mass arrests that were conducted from November 1st to November 4, 2007. Methods of arrest and detention of suspects, general harassment, inhuman treatment and allegations of torture leveled against the police by the community should be investigated. 6. We recommend that a new Regional Commander should take over from Regional Commander Dery, as a peace building measure to reduce the tensions. All other senior officers directly in charge of operations during the mass arrests should also be replaced. 7. Government should investigate why the DISEC, the Keta District security machinery or any other government intelligence organ concerned with monitoring such security situations in accordance with the Security and Intelligence Act failed to provide an early warning that could have averted the clash that occurred on November, 1, 2007 8. We are concerned that the Keta District Assembly has not yet taken concrete steps to ensure that the security and safety of its community and recommend that the Assembly be convened to deal specifically with the security situation in the Keta District. 9. Whilst dealing with the immediate symptoms, government should critically examine the underlying causes of the conflict to find a lasting solution to the problem. 10. Evidence from the Accra Stadium Disaster Report, National Reconciliation Report, the Dansoman and Kotababi Shooting Report and our investigations into the Takoradi Polytechnic Student Unrest, the Ga Mashi Odadao incident in June reveal a consistent pattern of police brutality that the Ghana Police Service and the Inspector General of Police is failing to address. We call on the Police Council, Ministry of Interior and National Security, Commission on Human Rights and Administrative Justice and the Defence Committee of Parliament to investigate the worrying incidence and consistent pattern of Police Brutality by the Ghana Police Service. 11. We call on Government to address the inhuman conditions of police cells throughout the country by providing resources for the reconstruction of these cells as a fundamental ingredient that facilitates the right to human indignity. 12. We call on government to implement recommendations made by the 17 Commissions of Enquiry into various incidents of police conduct in Ghana to enhance democratic policing in accordance with human rights standards. 13. Those who caused the death of Israel Ahadzi, Mama Senyo, Menco Tugba, Israel Cobbah Amenumeh and Constable Moses Deba, should be prosecuted by the courts. 14. In the long term, strong measures should be initiated to strengthen enforcement of the Police Code of Conduct, the Police Service Act and the Police Service (Disciplinary Proceedings) Regulations
