Arrests and unlawful killings in Ethiopia: Annual Human Rights Report Thursday, 03.11.2010, 11:42pm (GMT)
Arrests and unlawful killings in Ethiopia: Annual Human Rights
Report
Published 03/11/2010
- 11:15 p.m. GMT
US
Bureau of Democracy, Human Rights,
and Labor
Ethiopia is a federal republic led
by Prime Minister Meles Zenawi and the Ethiopian People's Revolutionary
Democratic Front (EPRDF) coalition. The population is estimated at 77
million.
In the 2005 parliamentary elections, the EPRDF won a majority of seats
to
remain the ruling party for a third consecutive five-year term. In local
and
by-elections held in April 2008, the EPRDF and allied parties took
virtually
all of the more than three million open seats contested nationwide.
Prior to
the vote, ruling coalition agents and supporters used coercive tactics
and manipulation
of the electoral process, including intimidation of opposition
candidates and
supporters. Political parties were predominantly ethnically based, and
opposition parties remained splintered. During the year fighting between
government forces, including local militias, and the Ogaden National
Liberation
Front (ONLF), an ethnically based, nationalist, insurgent movement
operating in
the Somali Region, resulted in continued allegations of human rights
abuses,
particularly diversion of food aid from intended beneficiaries suffering
from a
severe drought. While civilian authorities generally maintained
effective
control of the security forces, there were numerous instances in which
elements
within those forces acted independently of government authority.
Human rights abuses reported during
the year included unlawful killings, torture, beating, abuse and
mistreatment
of detainees and opposition supporters by security forces, often acting
with
evident impunity; poor prison conditions; arbitrary arrest and
detention,
particularly of suspected sympathizers or members of opposition or
insurgent
groups; police, administrative and judicial corruption; detention
without
charge and lengthy pretrial detention; infringement on citizens' privacy
rights, including illegal searches; use of excessive force by security
services
in an internal conflict and counterinsurgency operations; restrictions
on
freedom of the press; arrest, detention, and harassment of journalists;
restrictions on freedom of assembly and association; violence and
societal
discrimination against women and abuse of children; female genital
mutilation
(FGM); exploitation of children for economic and sexual purposes;
trafficking
in persons; societal discrimination against persons with disabilities
and religious
and ethnic minorities; and government interference in union activities,
including harassment of union leaders.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
Security forces committed arbitrary and politically motivated
killings
during the year.
Government forces, including militias, and armed elements of the ONLF
were
responsible for targeted killings in the Somali region during the year
(see
section 1.g.).
On January 7, local police shot and killed Debasu Yengusie Mengesha
and
teacher Gobeze Wudu, residents of Yetnora kebele (neighborhood) in the
Amhara
Region while they were leaving a bar. The perpetrators were detained and
remained under investigation at year's end.
On February 25, students at Gedo Secondary School (West Shoa Zone,
Oromiya
region) found a flier containing hateful remarks about Oromos. When the
school
principal delayed in investigating the case, Oromo students refused to
attend classes
and demonstrated inside the school compound. The principal called local
police,
who ordered students to disperse. When they refused, police shot and
killed
Wendimu Damena, a 19-year-old student. Another student, 20-year-old
Belay
Motuma, was shot in the chest and remained hospitalized at year's end.
Two
students, Berecha Folesa and Tamari Melaku Weyesa, were arrested during
the
demonstration and were released on bail on March 9. On March 17, six
school
administration employees and one agricultural bureau employee, all of
whom were
opposition Oromo People's Congress (OPC) candidates in the 2008 local
elections, were arrested and charged with inciting violence. The case
remained
pending at year's end.
In October 2008 local police and militia in Zeba kebele (Dejen
woreda, East
Gojam zone, Amhara Region) shot and killed three brothers--Yayeh Yirad
Assefa,
Negusu Assefa, and Temesgen Assefa. The brothers were reportedly
suspected of
killing a militiaman from Najima kebele on the same date. There was no
official
investigation into the incident.
There were no developments in the July 2008 killing of opposition
political
party All Ethiopia Unity Party (AEUP) supporter Aschalew Taye.
In 2007 Welelaw Muche, a supporter of the former opposition party
Coalition
for Unity and Democracy (CUD) in Enamrit town (West Gojjam zone, Mecha
woreda,
Amhara region) was shot and killed, reportedly by a government
militiaman. On
May 6, a government newspaper acknowledged the death but said that the
killer
remained unknown.
According to a May government report, Tamene Tadesse, Gue town
security
chief, was charged with use of excessive force and was sentenced to 15
years in
prison for the 2007 fatal shootings of two students in Gue town (Oromiya
region).
There were no developments in any cases of other 2007 killings.
Addis Ababa and other areas experienced bombings that killed
civilians
during the year. Although no one claimed responsibility, the government
charged
the bombings were the work of insurgent groups or agents of Eritrea. On
April
14, a land mine exploded in the Danakil Depression area of the Afar
Region,
killing two persons and wounding two. The government claimed the South
Red Sea
Rebel Liberation Front was responsible, although this remained
unconfirmed.
There were no developments in the following 2008 bombing cases: the
Humera
public bus bombing; the Humera school explosion; the Addis Ababa gas
station
bombing; the minibus bombing allegedly committed by the Oromo Liberation
Front
(OLF); the bombing of two hotels in Negele Borena, Oromiya region; the
Merkato
bombing; and the Jijiga hotel bombing.
On December 15, two hand grenades thrown into a crowded cafe in Kebri
Dehar
town, Somali region, killed one woman and wounded nine. The government
claimed
the perpetrators were four Eritreans supporting the rebel Ogaden
National
Liberation Front. Perpetrators are in police custody pending
investigation.
Clashes between ethnic clans during the year resulted in hundreds of
deaths
(see section 6).
b. Disappearance
There were reports of politically motivated disappearances.
In February 2008, Alexander Gebre Meskel, a 40-year-old resident of
Kirkos
subcity, Addis Ababa, disappeared. He previously reported to his family
that he
was being followed by security forces. His whereabouts remained unknown
at
year's end.
There were no developments in the 2008 disappearances of Ethiopian
Teacher's
Association members Tilahun Ayalew and Anteneh Getnet.
There were no developments in the following reported 2007
disappearances:
Yohannes Woldu Girma Tesfaye Ayana, Befekadu Bulti Merri, Mulatu
Gebremichel,
Ismail Blatta, Daniel Worku, and Amha Yirga.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Although the constitution and law prohibit the use of torture and
mistreatment, there were numerous credible reports that security
officials
tortured, beat, and mistreated detainees. Opposition political party
leaders
reported frequent and systematic abuse and intimidation of their
supporters by
police and regional militias.
Numerous reliable sources confirmed that in Maekelawi, the central
police
investigation headquarters in Addis Ababa, police investigators often
used
physical abuse to extract confessions. Several political prisoners who
were
held at Maekelawi and other nontraditional detention facilities
independently
alleged in credible detail that they and other detainees were tortured
in
police station jails in attempts by security officials to elicit
confessions
before their cases went to trial. Abuses reportedly include being
blindfolded
and hung by the wrists for several hours, bound by chains and beaten,
held in
solitary confinement for several days to weeks or months, subjected to
mental
torture such as harassment and humiliation, forced to stand for more
than 16
hours, and having heavy objects hung from the genitalia. The government
generally denied reports of torture in detention centers and did not
respond to
specific reports of abuse.
Several of the defendants in the Ginbot Seven trial, who were
arrested on
April 24 and charged with attempting to engage in terrorist activities,
reported harsh physical abuse and torture during pretrial
interrogations. On
November 13, defendants reported to the court that they were tortured by
prison
guards. A government spokesman denied the allegations. In December the
Federal
High Court convicted 40 defendants, pronouncing death sentences on
Berhanu
Nega, Muluneh Eyoel, Andargachew Tsige), Mesfin Aman (all charged in
absentia),
and Melaku Teferra.
The court pronounced life sentences on 33 convicted defendants:
Alehubel
Amare (charged in abstentia); Yaregal Yimam (charged in abstentia); Dan
(full
name not available; charged in abstentia); Aweke Afewerk (charged in
abstentia); Dereje Habtewold (charged in abstentia); Daniel Assefa
(charged in
abstentia); Chekol Getahun (charged in abstentia); Efrem Madebo (charged
in
abstentia); Fasil Yenealem (charged in abstentia) Brigadier General
Teferra
Mamo; Asamnew Tsige; Tsige Habtemaryam; Mengistu Abebe; Lt. Col. Solomon
Ashagre; Lt. Col. Alemu Getenet; Major Mesekere Kassa; Lt. Col. Getachew
Berele; Captain Temesgen Bayleyegn; Getu Worku; Lt. Col. Fantahun
Muhaba; Lt.
Col. Abere Asefa; Major Misganaw Tessema; Yeshiwas Mengesha; Emawayish
Alemu;
Lt. Col. Demsew Anteneh; Yeshiwas Mitiku; Gobena Belay; Amerar Bayabil;
Goshirad Tsegaw; Wudneh Temesgen; Yibeltal Birhanu; Major Mekonen Worku;
Kifle
Sinshaw.
The court sentenced two convicted defendants--Major Adugna Alemayehu
and
Major Adefris Asaminew--who had pled guilty to 10 years in a maximum
security
prison and deprivation of civil rights for four years.
There were no developments in the February 2008 beating of Gelaye
Tadele
while in local police custody in Arba Minch town of the Southern Nations
region.
There were no developments in the 2007 case of Ayena Cheri, who was
arrested
on suspicion of being a member of the OLF and who has alleged repeated
severe
beatings while in detention.
Nine of the 37 CUD members arrested and tortured in 2006 remained in
prison
at year's end.
Prison and Detention Center Conditions
The country has three federal and 117 regional prisons. There are
several
unofficial detention centers operating throughout the country, including
in
Dedessa, Bir Sheleko, Tolay, Hormat, Blate, Tatek, Jijiga, Holeta, and
Senkele.
Most are located at military camps and were allegedly used as overflow
detention centers following mass arrests.
Prison and pretrial detention center conditions remained harsh and in
some
cases life threatening. Severe overcrowding was common, especially in
sleeping
quarters. The government provided approximately eight birr ($0.60) per
prisoner
per day for food, water, and health care. Many prisoners supplemented
this with
daily food deliveries from family members or by purchasing food from
local
vendors. Medical care was unreliable in federal prisons and almost
nonexistent
in regional prisons. Water shortages caused unhygienic conditions, and
most
prisons lacked appropriate sanitary facilities.
While statistics were unavailable, there were some deaths in prison
due to
illness and poor health care. Prison officials were not forthcoming
about
reports of such deaths. Several pardoned political prisoners had serious
health
problems in detention but received little treatment. In Shashamene
Correctional
Facility, four inmates died during an epidemic in 2008 due to lack of
medical
attention, according to a report by the Ethiopian Human Rights
Commission
(EHRC).
In December 2008 the EHRC reported there were 80,974 persons in
prison, of
whom 2,123 were women and 487 were children detained with their mothers.
Juveniles were often incarcerated with adults, sometimes with adults who
were
awaiting execution. Men and women prisoners were generally, but not
always,
separated. Authorities generally permitted visitors but sometimes
arbitrarily denied
visit requests. In some cases family visits to political prisoners were
restricted to a few per year. Pretrial detainees were often held
together with
convicted prisoners.
During the year the International Committee of the Red Cross (ICRC)
visited regional
prisons only but remained barred from visiting any sites in the Somali
region.
The government continued to prevent ICRC representatives from visiting
police
stations and federal prisons throughout the country including those
where
opposition, civil society, and media leaders were held. Regional
authorities
allowed the ICRC to meet regularly with prisoners without third parties
being
present. The ICRC also continued to visit civilian Eritrean nationals
and local
citizens of Eritrean origin detained on alleged national security
grounds.
The local nongovernmental (NGO) Prison Fellowship Ethiopia (JFA-PFE)
was
granted access to various prison and detention facilities, including
federal
prisons. JFA-PFE operated a "model" prison in Adama with significantly
better conditions compared with other prisons. JFA-PFE reported that the
government was supportive of their efforts. The government also
periodically
granted diplomatic missions access to regional prisons and prison
officials,
subject to advance notification.
During the year the government established regional "Justice
Forums" throughout the country to improve coordination among the
Ministry
of Justice (MOJ), Regional Security, and the Prison Administration. The
government increased the budget allocated for constructing new prisons
to
alleviate overcrowding.
d. Arbitrary Arrest or Detention
Although the constitution and law prohibit arbitrary arrest and
detention,
the government frequently did not observe these provisions in practice.
Role of the Police and Security Apparatus
The Federal Police Commission reports to the Ministry of Federal
Affairs,
which is subordinate to the parliament; however, this subordination is
loose in
practice. Local militias also operated as local security forces largely
independent of the police and military. Corruption remained a problem,
particularly among traffic police who routinely solicited bribes.
Impunity also
remained a serious problem. According to sources at government agencies,
the
government rarely publicly disclosed the results of investigations into
abuses
by local security forces, such as arbitrary detentions and beatings of
civilians. The federal police acknowledged that many of its members as
well as
regional police lacked professionalism. In July the Addis Ababa Police
Commission fired 444 staff members, including high-ranking officials,
for
involvement in serious crimes including armed robbery, rape, and theft.
There
were no prosecutions of those dismissed.
The government continued efforts to train police and army recruits in
human
rights. During the year the government continued to seek assistance from
the
ICRC, JFA-PFE, and EHRC to improve and professionalize its human-rights
training and curriculum by including more material on the constitution
and
international human rights treaties and conventions. JFA-PFE conducted
human
rights training for police commissioners and members of the militia.
Arrest Procedures and Treatment While in Detention
Authorities regularly detained persons without warrants and denied
access to
counsel and family members, particularly in outlying regions. Although
the law
requires detainees to be brought to court and charged within 48 hours,
this
generally was not respected in practice. While there was a functioning
bail
system, it was not available in murder, treason, and corruption cases.
In most
cases authorities set bail between 500 and 10,000 birr ($40 and $800),
which
was too costly for most citizens. Police officials did not always
respect court
orders to release suspects on bail. With court approval, persons
suspected of
serious offenses can be detained for 14 days and for additional 14-day
periods
if an investigation continues. The law prohibits detention in any
facilities
other than an official detention center; however, there were dozens of
unofficial local detention centers used by local government militia and
other
formal and informal law enforcement entities. The government provided
public
defenders for detainees unable to afford private legal counsel, but only
when
their cases went to court. While in pretrial detention, authorities
allowed
such detainees little or no contact with legal counsel. Police continued
to
enter private residences and arrest individuals without warrants (see
section
1.f.). Opposition party members consistently and credibly reported that
in
small towns, authorities detained persons in police stations for long
periods
without charge or access to a judge, and that sometimes these persons'
whereabouts were unknown for several months. Opposition parties
registered many
complaints during the year that government militias beat and detained
their
supporters.
On April 24, security officials detained 32 persons allegedly
affiliated
with Ginbot Seven, an external opposition group, for their suspected
involvement in a terrorist assassination plot. Those charged included
several
current and retired army officers, including two generals, along with
senior
opposition political figures. Those detained were held for more than a
month
without charges while police gathered evidence, during which time family
members were not informed of their whereabouts. The detainees were
denied
pretrial access to legal counsel, and several alleged mistreatment while
in
detention. On August 6, the Federal High Court found 13 other defendants
guilty
in absentia, one not guilty in absentia, and the 32 who were detained
were
ordered to present their defense cases. Of the 32, the court acquitted
five
defendants on November 19. On December 22, the court sentenced 40 Ginbot
Seven
defendants: five to death, 33 to life terms, and two to 10 years'
imprisonment.
On May 27, customs authorites detained Ethiopian Human Rights Council
(EHRCO) chairman and prominent human rights lawyer Abebe Worke and Voice
Of
America (VOA) reporter Meleskachew Amha for allegedly attempting to
illegally
sell imported duty-free publishing equipment that belonged to Addis
Broadcasting Company (ABC), of which both were shareholders (see section
2.a.).
Meleskachew and Abebe were detained at the Customs Authority compound,
not a formal
detention facility, for 12 days before being released on bail. Abebe
fled the
country for fear of persecution. On July 15, the Federal First Instance
Court
dropped all charges against Meleskachew due to lack of evidence. Abebe
was
sentenced in absentia to one year's imprisonment and fined 1.4 million
birr
($112,000).
ABC General Manager Amelework Tadesse and three others were arrested
on the
same date. Amelework was charged with attempting to illegally sell
duty-free
equipment to a third party. The other cases were dropped due to lack of
evidence. Amelework's case was pending at year's end.
On June 1, Werebabo woreda, Bistima, town officials (South Wollo
zone,
Amhara region) arrested EHRCO investigator Mulugeta Fentaw. Mulugeta was
returning home after investigating alleged cases of harassment of
opposition
political party Unity for Democracy and Justice (UDJ) members in Bistima
town.
While waiting at a bus stop, Werebabo woreda Security Chief Makonnen
Hussein
confiscated Mulugeta's notebook, which contained sensitive summaries of
his
interviews. Immediately thereafter, police accused Mulugeta of stealing
2,000
birr ($160) and arrested him. At the police station he was searched, and
when
police found only 200 birr ($16) in his possession, they modified the
charge to
claim that he stole only 200 birr ($16). Mulugeta was arrested and
jailed for
three days. He was brought to the woreda court on June 3, where he was
convicted and sentenced to eight months' imprisonment. He appealed to
the zonal
high court. On July 17, the high court dismissed the case, stating that
such
acts by the woreda court eroded public confidence in the judiciary. The
woreda
administration appealed and brought another charge of "tarnishing the
reputation of woreda officials by bringing false witnesses." Mulugeta
again appealed to the high court, which dismissed the case.
One of Mulugeta's defense witnesses, Alemu Abaineh, was arrested a
couple of
days after testifying in court. He was accused of stealing and carrying
antitank grenades and plotting to attack the militia. He was sentenced
to four
years' imprisonment. He appealed to the high court and was released on
bail.
The trial continued at year's end.
According to government reports, of those opposition AEUP members
arrested
at a Chendiba wedding in 2008, Wagnew Tadesse, Demissie Yehualla,
Kolagie
Jegne, Teffera Akemu, and Setegne Tadege were released, while Mekuanent
Seneshaw, Alehegne Mekuanent, Kifle Tadege, and Endale Tadege remained
in
prison at year's end, charged with holding an illegal political
gathering in
the form of a wedding.
There were no developments in the 2007 case in which Kenyan
authorities
turned over to the Ethiopian National Defense Forces (ENDF) 150
suspected
fighters in Somalia, at least 10 of whom remained in ENDF custody.
In October 2008 officials arrested at least 53 ethnic Oromos
(possibly as
many as 200) for alleged support of the banned OLF. Of the 53 persons
arrested,
38 were released, and the cases of the remaining 15 were pending at
year's end.
In 2007 security forces arrested approximately 450 individuals, many
of whom
were opposition party members, suspected of supporting the OLF or
carrying out
terrorist activity. Of the 148 who remained in jail at the end of 2008,
35 were
sentenced during the year to four to 14 years' imprisonment, while the
remaining 113 were released.
Following a 2008 investigation on prison conditions, the EHRC
reported that
the overwhelming majority of detainees in prisons were held on pending
charges.
For example, only 10 percent of prisoners in Gambella prison had been
convicted
and 46 percent of those in Addis Ababa. Some prisoners reported being
detained
for several years without being charged and without trial. A lack of
modern
record-keeping systems resulted in prisoners sometimes not benefiting
from
parole and not receiving credit for time served.
In May the director general of the Federal Police reported that 65
percent
of the 45,000 criminal cases filed at the federal first instance court
in 2008
were eventually dropped due to lack of evidence or witnesses.
Amnesty
On September 10, regional authorities in the Amhara and Oromiya
regions
granted amnesty to 9,612 prisoners.
On October 5, the government granted amnesty to 384 prisoners based
on a
recommendation from the National Pardon Board.
On December 15, the government granted amnesty to 10 leaders and
members of
the former Coalition for Unity and Democracy based on a recommendation
from the
National Pardon Board.
e. Denial of Fair Public Trial
The law provides for an independent judiciary. Although the civil
courts
operated with independence, the criminal courts remained weak,
overburdened,
and subject to significant political intervention and influence.
Constitutional
interpretation remains solely the responsibility of the upper house of
parliament, consisting exclusively of ruling party members, which also
handles
judicial appointments and reviews judicial conduct. In practice courts
have
discretion to convict defendants on charges not raised by the
prosecution.
The government continued to decentralize and restructure the
judiciary along
federal lines with the establishment of courts at the district, zonal,
and
regional levels. The Federal High Court and the Federal Supreme Court
heard and
adjudicated original and appeal cases involving federal law,
transregional
matters, and national security. The regional judiciary was increasingly
autonomous.
Regional offices of the federal MOJ monitored local judicial
developments.
Some regional courts had jurisdiction over both local and federal
matters, as
the federal courts in those jurisdictions had not begun operation;
overall, the
federal judicial presence in the regions was limited. Because of this,
many
citizens residing in rural areas did not have reasonable access to the
federal
judicial system at any level and were effectively forced to rely on
traditional
conflict-resolution mechanisms such as the Elders' Councils. Several
women
complained of lack of access to free and fair hearings in the
traditional
justice system because they were excluded from participation in the
Elders'
Councils and because there was strong gender discrimination in rural
areas.
Some local officials believed they were not accountable to a higher
authority.
The judicial system severely lacked experienced staff, sometimes
making the
application of the law unpredictable. The government continued to train
lower
court judges and prosecutors and made effective judicial administration
the
primary focus of the training. To address overcrowding, in October the
government allocated 147 million birr ($11.76 million ) to construct
five new
courthouses in Addis Ababa and Dire Dawa.
In the country's judicial system, there are federal and regional
criminal
courts. There are federal first instance courts, high courts, and the
Supreme
Court. There are also regional first instance courts and high courts.
The
Supreme Court maintains appellate authority over all courts.
The law provides legal standing to some preexisting religious and
traditional courts and allows federal and regional legislatures to
recognize
decisions of such courts. By law all parties to a dispute must agree to
use a
traditional or religious court before such a court may hear a case, and
either
party can appeal to a regular court at any time. Shari'a (Islamic)
courts may
hear religious and family cases involving Muslims. In addition other
traditional systems of justice, such as Councils of Elders, continued to
function. These customary courts resolved disputes for the majority of
citizens
who lived in rural areas and generally had little access to formal
judicial
systems.
The federal first instance court's seventh criminal branch, headed by
three
judges, handled cases involving juvenile offenses and cases of sexual
abuse of
women and children. There was a large backlog of juvenile cases, and
accused
children often remained in detention with adults until officials heard
their
cases. There were also credible reports that domestic violence and rape
cases
were often significantly delayed and given low priority.
On July 7, the parliament passed the Anti-Terrorism Proclamation to
address
growing terrorist threats. Several human rights organizations raised
concerns
over the law's broad definition of terrorism, severe penalties, broad
rules of
evidence, and discretionary powers afforded police and security forces.
Criminal matters related to the military are handled by military
tribunals.
Military tribunals may not try civilians except in cases of national
security.
The military justice system lacked adequately trained staff to handle a
growing
caseload.
On November 10, the Federal Supreme Court sentenced Judge Girma Tiku,
former
president of the First Instance Court for Urban Affairs of Lideta
subcity,
Addis Ababa, to seven years' imprisonment and a fine of 1,000 birr ($80)
on
corruption charges.
There were no developments in the two 2008 MOJ corruption cases
against
judges.
Trial Procedures
According to the law, accused persons have the right to a fair public
trial
by a court of law within a "reasonable time," a presumption of
innocence, the right to be represented by legal counsel of their choice,
and
the right to appeal. However, in contrast with previous years and in
limited
cases, closed proceedings took place, and at times authorities allowed
detainees little or no contact with legal counsel The court system does
not
practice trial by juries. In principle those charged have a presumption
of
innocence until proven guilty.
Judicial inefficiency, lengthy trial delays, and lack of qualified
staff
often resulted in serious delays in trial proceedings. The Federal High
Court
remained open for a month and a half during its regular recess period in
August
and September to try to reduce the backlog of cases. The Public
Defender's Office
provides legal counsel to indigent defendants, although its scope and
quality
of service remained limited due to the shortage of attorneys. Although
the law
explicitly stipulates that persons charged with corruption are to be
shown the
evidence against them prior to their trials, several credible sources
reported
that authorities routinely denied defense counsel pretrial access to
such
evidence. The government did not establish an execution date for the 19
former
Derg officials sentenced to death in 2006 for crimes of genocide,
treason, and
murder. All remained on death row at year's end, except Colonel
Mengistu, who
was in exile in Zimbabwe. According to a May government report,
religious
leaders requested that the government reduce the sentences of former
Derg
officials. The government had not responded at year's end.
Political Prisoners and Detainees
Domestic and international NGOs estimated there were several hundred
political prisoners and detainees. There were numerous credible reports
of
unlawful detention of opposition candidates and their supporters.
In September several opposition party leaders reported an
intensification of
arrests of opposition supporters, especially in the Oromiya and Amhara
regions.
Opposition parties published lists of members and supporters arrested in
the
past three months, including more than 360 in the Oromiya region and 230
in the
Amhara region.
On July 4, Nimona Tuffa, a student at Hayume Medical College in Ambo
and an
opposition OPC member, was picked up by Oromiya Regional Security
officials
dressed in civilian clothes in Guder town. Nimona reported that security
officials, including Head of Security of West Shoa Zone Tesfaye Sime,
beat him,
first in a nearby forest and later at the Ambo Oromo People's Democratic
Organization
(part of the EPRDF coalition) office, where they pressured him to sign a
statement admitting he was a member of the OLF. He eventually signed.
When
released, Nimona was hospitalized for severe nerve-ending damage,
hearing
damage, and back injuries. The case was raised with the government, but
no
action had been taken at year's end.
In November 2008 Lema Merga, Secretary General of OPC in Southwest
Shoa zone
(Oromiya Region, central Ethiopia), reported he was picked up by local
security
officials from Wolisso town without a warrant and transported 54 miles)
to
Sebeta town, where he was detained. He was released on November 21
without ever
appearing in court.
In mid-October 2008 approximately 20 persons, including prominent
Oromo
Federalist Democratic Movement (OFDM) member Makonnin Dheressa, were
arrested
and placed under the custody of the Federal Army at the Army Camp in
Dembe
Dollo. All were released before year's end.
In late October/early November 2008, police, local authorities, and
ruling
party cadres arrested 16 second-tier leaders from various opposition
parties
engaged in community outreach or opening new offices throughout the
country. On
August 12, one of the defendants was found not guilty, and the remaining
15
were ordered to present their defenses. Their cases remained pending at
year's
end. For example, OFDM secretary general Bekele Jirata was charged with
recruiting and organizing OLF members, promoting OLF terrorist
activities, and
financially supporting the OLF. Bekele Jirata was released on bail on
February
4, but his case was pending at the end of the year.
There was no development in the March 2008 arrest of opposition CUD
supporter Chaka Robi. He remained in police custody at year's end. No
charges
were known to have been filed.
Popular singer Tewodros Kassahun (known as Teddy Afro)
appealed his
2006 manslaughter conviction, and the court reduced his sentence from
six to
two years. He was released from prison on August 13. Some of Tewodros'
songs
were critical of the government.
Opposition UDJ party president Birtukan Mideksa, whose pardon was
revoked
and life sentence reinstated in December 2008, remained in prison
throughout
the year. She was held in solitary confinement until June, despite a
court
ruling that indicated it was a violation of her constitutional rights.
She was
also denied access to visitors except for a few close family members,
despite a
court order granting visitor access without restrictions. There were
credible
reports that Birtukan's mental health deteriorated significantly during
the
year.
At year's end several hundred other political detainees, including
CUD,
ONLF, and OLF members, remained in prison.
In 2007 the government pardoned 71 individuals arrested following
demonstrations in 2005. The pardons permitted the defendants' future
political
participation, but in practice the government continued to limit that
right.
Of the 52 individuals arrested in 2006-07 for alleged membership in
the
insurgent Ethiopian Patriotic Front, 48 were sentenced during the year
to one
to 15 years' imprisonment, three died while in prison awaiting trial,
and one
was acquitted.
Civil Judicial Procedures and Remedies
Civil courts, which provided judicial remedy for alleged wrongs, were
generally viewed as independent and impartial. The law provides citizens
the
right to appeal human rights violations in civil court; however, no such
cases
were filed during the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law requires authorities to obtain judicial warrants to search
private
property; however, in practice, particularly outside Addis Ababa, police
often
ignored this law. Opposition party representatives claimed that police
sometimes used fraudulent search warrants to enter homes and commit
criminal acts,
including extorting money. There were reports that members of local
militias
robbed persons during the year in locations throughout Oromiya.
There continued to be reports of police forcibly entering civilian
homes
throughout the year.
For example, on April 16, Tirch kebele (Dejen woreda, Amahara region)
and
woreda officials searched the house of Waltenegus Abate, vice chairman
of the
AEUP in that woreda, without a warrant. Although officials accused him
of
hiding armaments, none were found. Before leaving, local police
reportedly beat
his seven- and 12-year-old daughters while inquiring about his
whereabouts and
fired shots into the air. Waltenegus has been in hiding since May. This
incident marked the second attack against Waltengus' family. In November
2008
kebele officials and woreda police reportedly abducted Waltenegus and
tied his
hands while he was herding cattle, searched his house without a warrant,
found
an AEUP card, beat him with rifle butts, and threatened to kill him if
he did not
stop accusing woreda police of torturing persons.
In July 2008 at 6 p.m., reliable reports established that, police,
Bahir Dar
City Administration, and kebele officials unlawfully searched the house
of
Yeshi Tekle-Giorgis, resident of kebele 13 of Bahir Dar town, following a
disagreement with her landlord. The officials tried to force her to
vacate the
house, but she told them she could not vacate the house so late in the
day. One
of the police officers grabbed her and allegedly tried to strangle her
with the
scarf she was wearing. He then pushed her, and she fell down and
fractured her
arm. She reported the case, but no action was taken against the police
officer
who attacked her.
In November 2008, police and local militia reportedly searched the
house of
Tiringo Mengist without a warrant, a resident of Tirch kebele (Dejen
wereda,
Amhara region), and accused her of aiding and abetting bandits. She
denied the
accusation, and one of the police officers allegedly hit Tiringo with
his rifle
butt on her side while another police officer repeatedly hit her with a
club.
She reported the abuse to a local human rights organization. No action
was
taken against the police officers.
All but three electronic communications facilities are state owned.
Political party leaders reported incidents of telephone tapping and
other
electronic eavesdropping. In May a former employee of ETC, the state-run
monopoly telecom and Internet provider, reported from self-imposed exile
that
the government had ordered ETC employees to unlawfully record citizens'
private
telephone conversations.
The government used a widespread system of paid informants to report
on the
activities of particular individuals.
Security forces continued to detain family members of persons sought
for
questioning by the government. Kebele officials have been reported to go
from
house to house demanding that residents attend ruling coalition
meetings.
Residents are not arrested or harassed if they do not attend party
meetings;
however, those persons who do not attend party meetings reportedly have
difficulty obtaining basic public services from their kebeles. Reliable
reports
establish that unemployed youth who are not affiliated with the ruling
coalition have trouble receiving "support letters" from their kebeles
necessary to get jobs, and that unaffiliated poor residents have trouble
receiving subsidized wheat or other materials.
g. Use of Excessive Force and Other Abuses in Internal Conflicts
During the year fighting continued between government forces,
including government-backed
and -affiliated militia, and the ONLF, an ethnically based, nationalist,
insurgent movement operating in the Ogaden area of the Somali region,
triggering widespread allegations of human rights abuses by all parties
to the
conflict. Credible reports of human rights abuses continued, including
extrajudicial killings, torture, rape, abductions, and arbitrary arrest
by
government soldiers. Deliveries of food and medicine were restricted as a
result of insecurity, lack of capacity, and military restrictions.
Since it was outlawed in 1994, the ONLF has engaged in low-intensity
armed
conflict with the government. The regional conflict in Somalia that
began in
late 2006 spread to the Somali region and, allegedly fueled by support
from the
Eritrean government, resulted in greatly increased armed activity by the
ONLF,
whose members share ethnic ties with Somalis. During the year another
insurgent
group, the United Western Somali Liberation Front (UWSLF), had a limited
presence in the region.
Since the military began significant counterinsurgency operations in
the
Ogaden region in response to the April 2007 slaying of Chinese and
domestic oil
exploration workers, the government has continued to limit the access of
diplomats, NGOs, and journalists to the Somali region, citing serious
security
concerns. Human rights groups and others asserted that the government
denied
access to the region to prevent potential critics and observers from
monitoring
ENDF operations. The government allowed some humanitarian access but
restricted
the ability to investigate human rights abuses. Reports of human rights
violations largely have come from interviews with second-hand sources or
alleged victims who have fled the Somali region. NGO personnel have been
compelled by ENDF and regular police officials to report ONLF activity
and
faced beatings and death threats from these entities if they did not
comply.
Some villagers reported that local authorities threatened to retaliate
against
anyone who reports ENDF abuses.
Reliable sources reported increasingly violent ONLF attacks on police
and
military elements during the year. Civilians, international NGOs, and
other aid
organizations operating in the region reported that both the ENDF and
the ONLF
were responsible for abuses and harsh techniques used to intimidate the
civilian population. Development workers reported being frequently
stopped for
questioning by the ONLF. However, ONLF fighters were reported to be
generally
supportive of development efforts and encouraged development workers to
continue their work. The UWSLF, in contrast, had a more hostile attitude
towards development workers