The Noble Order of the Knights and Ladies of Marshall views with trepidation the decision of the Government of Ghana to accommodate two former Guantanamo prisoners.
We associate ourselves with issues raised by a number of Ghanaians and civil society groups, including the Ghana Catholic Bishops Conference and the Christian Council of Ghana that the issue relating to the two is totally different from previous asylum requests granted to other refugees.
The Noble Order is of the view that the decision should have been brought for discussion in Parliament as the case in a number of countries.
What is even much more worrying and disturbing is the Minister of the Interior, Mr. Mark Woyongo, who has oversight responsibility for National Security, saying that he was not privy to the discussions.
The statement by the Foreign Affairs Minister, Ms. Hannah Tetteh that she was not aware of the official US information that described the two detainees as risky to the US National Security and for which reason, the two have been debarred from returning to the United States. Further muddying the waters.
Is the government aware that as of July 13, 2013, 100 of the 603, representing 16.6 per cent, released detainees at Guantanamo Bay have re-engaged in terrorist activities?
Although the government of Ghana claims that the two Gitmo detainees pose no security risk, we are at a loss as to why the suspects are being kept at the National Security compound and their movement monitored 24/7.
We are also disappointed with the government’s communication or information management on this issue of national interest. Why did the government of Ghana come out to confirm the information only after US major news network, Fox News, had broken the news when the Department of Defence (DoD) had published it on its website?
It is not the resort to insulting Ghanaians or institutions that speak their mind against some of these matters that will right a wrong. The government must first of all acknowledge its pitfalls and apologize to Ghanaians for the manner it handled the issue.
The Noble Order therefore advises the government to reconsider the decision in the broad interest of peace and security.
Issued by the Knights and Ladies of Marshall.
TRANSFER OF EX-DETAINEES FROM Gitmo BAY TO GHANA-A HUMAN RIGHT AND INTERNATIONAL HUMANITARIAN PERSPECTIVE.
I HAVE NO OPTION BUT TO EXPRESS SOLIDARITY WITH THE MARSHALLAN’S PRESS RELEASE ON THE MATTER OF TWO EX-Gitmo DETAINEES CURRENTLY IN GHANA. the mention of Gitmo is the most controversial issue in the arena of politics and diplomacy at the international scene especially when considered from the fact that It was establish by the Us on the soil of Soviet Union friendly soil of Cuba.. It is therefore, not surprizing that bringing Atef and Khalid is raising all eye-browse in Ghana. There are many schools of thought by which one can engage in the debate. I would take it from international Humanitarian Law of “non-refoulement” point of view. Article 45(4) of the Fourth Geneva Convention on principle of non-refoulement provides that: “Under no circumstances shall a protected person(s) be transferred to a country where he/she may have REASON TO FEAR persecution for his/her political opinions or religious beliefs”,
I beg to say that by this provision, the interest of the ex-detainees should be paramount on humanitarian grounds. However, there is every indication that the ex-detainees have every REASON TO FEAR for the expression of political opinion and religious beliefs in Ghana because of the politicophobia attack by the large Ghanaian society on the one side and the theophobic posture of the Christian community in Ghana. it is therefore, not prudent for these detainees to consider Ghana as a safe place for the exercise of their political and religious liberties. In fact it is not in their interest to opt to stay in such a politically and religiously hostile country (at least in their case as ex-suspected terrorists). There are other two parties whose interest is also very
crucial even though secondary under the circumstances. These two are the host
state (Ghana) and the sending state(USA). Article 12 of the Third Geneva Convention on international law on non-refoulement again stipulates that “If the receiving power (State) of the Ex-Detainees fails to carry out the provisions of the international humanitarian law of post-transfer responsibilities of detainees (article 45[4]) in any important respect, then the protecting power (State) shall notify the sending power (State) and both States shall take effective steps and measures to correct the situation or shall return the prisoners to the sending power (State). Such a request if made, must be complied with regard to protect the prisoners so transferred. I say again, with all intent and purposes that base on the aforementioned international humanitarian law principles of the Geneva Conventions cited, Mr Khalid Al Dhuby and Mr Mahmoud Omar Bin Atef have every REASON TO FEAR persecution for their political opinion and religious beliefs and are therefore not guaranteed protection as prisoners in Ghana. This is a very good reason for the government of Ghana to take steps of returning the Ex-Gitmo prisoners to the US authority. The civic society groups, religious bodies whose posture makes the protection of the prisoners uncertain have enormous responsibility to make sure that the government of Ghana lives up to the international humanitarian law obligation.