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Victims of military operation in Ashaiman sue state for justice

Victims of military operation in Ashaiman sue state for justice, compensation.

Two hundred and thirty-seven residents affected by the military operation carried out in Ashaiman in March 2023 have filed a lawsuit against the state, seeking justice and compensation for injuries and property damage they say resulted from the exercise.

The suit, filed at the High Court, named the Ghana Armed Forces and the Ministry of Defence as the first and second defendants, respectively. The Attorney-General’s Department was also added as the third defendant.

In their statement of claim, the plaintiffs asked the court to declare that the actions of soldiers who carried out the operation in Ashaiman on March 7, 2023, were unlawful.

Suit
According to the suit, officers and men acting as servants or agents of the defendants assaulted residents and destroyed both personal and real property during the operation.

The plaintiffs said many people suffered varying degrees of injury, which they believed resulted from the unlawful conduct of the military personnel involved.

For that reason, they were seeking several reliefs from the court.

Among them was a declaration that the physical abuse inflicted on residents during the operation was unlawful.

They are also asking the court to rule that the destruction of their property during the exercise was illegal.

The victims further requested that the defendants be ordered to pay all medical expenses already incurred, as well as any future medical costs arising from injuries sustained during the operation.

In addition, they demanded general damages for the physical pain, emotional distress and psychological trauma they said they endured.

The plaintiffs also sought compensation for the full cost of damage to their homes and personal belongings, as well as reimbursement for money they claimed was lost during the operation.

They further asked the court to order the dismissal of the military personnel involved and to award legal costs, including fees assessed at 25 per cent of any sums awarded, based on the scale of the Ghana Bar Association.

Background

On Tuesday, March 7, 2023, the military carried out a dawn swoop in parts of Ashaiman, including the communities of Tulaku and Ashaiman Taifa, following the killing of a young soldier, Imoro Sherrif.

The operation was intended to apprehend suspects linked to the murder. However, several residents later reported being subjected to beatings, harassment and other forms of abuse during the exercise, sparking widespread public outrage.

The Parliamentary Committee on Defence and Interior of the Eighth Parliament subsequently investigated the incident and concluded that the actions of the military violated the fundamental rights of civilians.

The committee described the force used against residents as excessive and recommended sanctions against the officers involved, as well as compensation for victims.

Three years on, the victims say they are still seeking answers and justice.

Legal process
Speaking to the Daily Graphic after a press conference held last Monday, the lead lawyer for the victims, Emmanuel Kumadey, acknowledged the frustrations surrounding the delay in resolving the matter but emphasised that the legal process must be allowed to run its course.

He urged the victims to remain patient as the legal proceedings continue and appealed to the public, civil society organisations and professional bodies to support them in their quest for justice.

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