THE HUMAN RIGHTS SITUATION IN ETHIOPIA
FOURTH REPORT
January 21, 1993

1. Introduction

It is now over a year since the Ethiopian Human Rights Council was established. During this period EHRCO has three times revealed the human rights situation in Ethiopia both to the national and to the international public. The present report is the fourth one. It is sad, indeed, to note that this report, like all the previous reports, contains gross violations of human rights which continue unabated.

From the time of its inception to date, the Transitional Government has not stopped reiterating that it firmly stands for the protection of human rights and the democratic process. It does this almost daily through the mass-media and on various international as well as national fora. Had the human rights situation in Ethiopia been in harmony with what has been promised by the Transitional Government, then one would have safely said that the age-old desire of the people is being tackled and the miseries and sufferings of the millions redressed. But to our dismay that is not what the hard facts as they unfold before our eyes indicate. There is still a contradiction between rhetoric and practice.

It is a well established fact that respect for human rights is the basis for democracy, peace and uninterrupted development. On the other hand, the violation of human rights results in hatred, conflict absence of peace and poverty. Our own recent history is a living example of this assertion.
It must be noted that it is the desire of the people to see their human dignity, fundamental rights and freedoms being guaranteed by applicable laws.

It is also the earnest wish of the people to live in peace without being intimidated and terrorised. Viewed from our one year experience, the human right situation is far below what has been expected. The Fourth Report of EHRCO which is detailed below consists of complaints submitted to the Council between June and December of 1992. EHRCO's staff and members have done their best to verify all the facts outlined in the report. Names, dates and places are cited with accuracy. In this connection we would like to reassure all concerned that EHRCO's reports are far from hear-says or unfounded allegations. They are results of hard and dedicated work to substantiate every case brought to the attention of EHRCO.

2. Violations Of Due Process And The Rule Of Law

2.1. Direct Interference With Due Process

It was with great dismay that EHRCO learned that violations of human rights have reached the highest institutional level. Direct interference with the judicial process is almost becoming the norm. When those in the highest positions of authority abuse their power to violate the independence of the judicial process, it will be extremely difficult if not impossible to control those at lower echelon not to follow the lead. In this respect the Prime Minister's own directive to the Minister of Justice attacks directly the very heart of due process.
In a letter No. M80-867\3 dated 24\07\92, the Prime Minister instructs the Minister of Justice on two issues: first, that henceforth and until further notice, the courts "shall not decide on matters related to property that was illegally confiscated by the defunct regime." Second, the Prime Minister's directive asserts that "the implementation of all cases on such issues that have already been decided upon by the courts will be suspended." In the former part of the instruction the Prime Minister leaves no doubt that the courts are to function as the instruments of the executive and not as independent entities.
In the second part of his instruction the Prime Minister underscores that whatever the courts will decide outside the executive directive shall not be implemented. In both instructions he violates the foundations of due process and the rule of law without which there cannot be any claim to any right. We hope this will not be the last straw that will break whatever confidence there may have been in the sincerity of the Transitional Government to introduce the democratic process and the rule of law.

2.2. Ignoring Court Orders

2.2.1. Ato Aregawi Belay had been in prison since July 1991. His case was brought to the High Court which ordered the release of Ato Aregawi Belay on 23/11/91, letter No. W/M/No. 2009/84; then on 22/09/92 by order No. W/M/No. 2010. In spite of repeated court orders Ato Aregawi Belay was kept in prison until December 24, 1992.
2.2.2. The Aqaqi Wereda Court ordered the release of Ato Belete Mekonnin and Ato Muluwork Taddese by order No. W/M/No. 481/84 on 24/09/92. In spite of that order the two persons are still in detention.
2.2.3. The Addis Ababa High Court on 21/04/92, by order No. F/M/No. 980/84, ordered the release of Ato Ghirma Shibeshi and Ato Abraham Mulugheta, who have been detained since November 1991. They still remain under detention.
2.2.4. Ato Goshu Ababa and seven others have been detained since March 27, 1992. The prosecutor of the Addis Ababa Administrative Region requested in vain for the files of these detained persons by a letter No. 1158/K/A/84 on 28/04/92. The High Court in Addis Ababa by order No. W/M/No. 193/84 on 31/07/92 and again by order W/M/No. 193/84 on 17/09/92 instructed the Criminal Investigation Department of the Addis Ababa Police to release the detainees. All of the detainees are still in prison.
2.2.5. Ato Milkiyas Tekle Ghiorghis was taken from his home on 10/10/92 and remains in detention ever since. The High Court in Addis Ababa by orders No. F/B/M/No. 215/85 of 16/10/92 and by No. M/No. 215/85 of 19/10/92 instructed the Criminal Investigation Department of the Addis Ababa Police to produce the prisoner in court. So far these orders remain disregarded.
2.2.6. Ato Tesemma Darchew has been in detention since 21/12/91. By orders No. W/M/No. 116/84 of 09/04/92, No. W/M/No. 116.84 of 20/03/92 and by No. W/M/No. 116/84 of 21/03/92 the Addis Ababa High Court ordered the release of the detainee on bail. Ato Tesemma remains in prison.
The detainees enumerated above are living testimony to the problem of the rule of law in Ethiopia. The Ethiopian Human Rights Council would like to remind the Transitional Government that these cases of refusal to obey the courts are not only illegal acts that are liable to prosecution, but they are also cases which undermine the rule of law and due process and, ultimately, the confidence the people should have on both the judiciary and the law enforcement authorities. Those who defy court orders must urgently be brought to justice.

3. Extra-Judicial Executions

Article 3 of The Universal Declaration of Human Rights which the Charter adopted without any limitation states that "everyone has the right to life, liberty and security of person." This fundamental right of Ethiopians has been violated continuously. There is often an attempt to compare the general situation in Ethiopia with that under the Derg regime and to pronounce the present regime as much better. Those who engage in such comparison, wittingly or unwittingly, err by making the Derg regime the standard for human rights in Ethiopia. The Ethiopian Human Rights Council takes The Universal Declaration of Human Rights as its standard. Respect for human life and human dignity is still wanting.
The most serious violations of human rights in Ethiopia continue to be those affecting human lives, extra-judicial killings of individuals and groups.
The following sections detail persons who are known to have allegedly been killed by members of EPRDF forces without any legal basis or due process of law.

3.1. Mass-Massacre At Areka By EPRDF

On July 14th 1992 a group of ex-soldiers who staged a peaceful demonstration demanding for their due stipends which they were denied for a long time were brutally attacked by EPRDF forces. Demonstration is a legal right allowed by the Charter. But the demonstrators at Areka were attacked with hand grenades and machine guns. As a result several unarmed persons were killed and wounded.
The Council of Representatives of the Transitional Government sent a mission to investigate the matter. The investigation committee came up with its 81-page report and declared that EPRDF forces killed 31 persons and wounded 29 others. EHRCO's investigation reveals that many more persons may have died.
EHRCO reiterates that such kinds of unlawful acts should be brought to a halt and those who were responsible for such criminal acts should be brought to justice as soon as possible. Some of the persons who were involved in the Areka massacre are known.

3.2. Other extra-judicial killings reportedly committed by EPRDF men

NOTE: A) No. 8 was arrested from his home at about 2 a.m. on July 14, 1992 by armed EPRDF men and the following day at about 7 p.m. The same EPRDF men went to his home to tell the family that he had "fallen from the Star Restaurant" building and killed himself.
B)Nos. 26&27 are members of OLF who had surrendered to EPRDF and were in prison in Shambu.
Some of the EPRDF men responsible for the enumerated extra-judicial executions could be identified with proper investigation and the Transitional Government must do its utmost to bring them and all those who committed similar acts to justice.

4. Victims Of Torture And Physical Abuse

The following are cases of torture and brutal physical abuse of helpless persons.
4.1. Father Tesfaye Haile Michael, a priest, is resident of Elamu-Tajeb Peasant Association in Alem Ghena Awraja, and serving the Ghelan St. Michael Church in that locality. On June 12, 1992 he was accused of not paying a "contribution" of five Birr levied on all residents to cover the transport cost of Ato Teshome Tola, a representative of EPDRF. Father Tesfaye was forcibly taken from the Church by armed men and brought in front of a crowd where he was told that "the people's verdict" was that he receive fifteen lashes which was instantly executed.
4.2. Tsegaye Aberra, a young man, resident of Qebele 02 of Kotebe Awraja was taken from Kotebe Selam Orphanage at about 11 o'clock in the morning of 22/07/92 by EPRDF armed men and subsequently shot with two bullets, one on his hip and one on his left hand, and left alone.
4.3. Ato Biqila Dirriba, is a resident of Kefitegna 24, Qebele 16, House No. 049 in Addis Ababa. He is also the owner of Biqila Hotel. At about 8:20 p.m. in the evening of 6/08/92 three EPRDF men from the camp of the former Infantry Division came to the Hotel, accused Ato Biqila of overcharging for beer and beat him up and broke his left hand.
4.4. Ato Ghetachew Rorisa, is a resident of Elamu-Tajeb Peasant Association of Alem Ghena Awraja. He had taken the case of his illegally expropriated property to the High Court in Addis Ababa and gave the Court's summons to the EPRDF officials. Upon his refusal to drop the charges he was imprisoned and beaten, and still remains in prison.
4.5. Ato Zerihun Gebreyes and Ato Teferra Belachew were waiting for a taxi on the Debre Zeyit road at about 8:30 p.m. in the evening of 22/11/92. Without any provocation on their part, they were taken by EPRDF men to the Nifas Silk Awraja police station, beaten and imprisoned for two days.
4.6. Weizerit Aynalem, is a resident of Yebbu, House No. 373, in Mennaqersa Awraja in Illubabor working in home of Ato Ambissa Burqa, husband of the victim No. 5 under 3.2 above. When EPRDF forces opened fire on the house, Weizerit Aynalem was wounded on her leg.
4.7. Gheta Mesay Taye, a resident of Kefitegna 24, Qebele 10 in Addis Ababa, was shot on the hip by an EPRDF militiaman on October 26, 1992. He is seriously hurt.
4.8. Ato Melaku Kasa's younger brother was detained by EPRDF in the compound of Birhanina Selam Printing Press. He went there to deliver food to his brother on December 17, 1992. He was suspected of being an OLF member, detained for a whole day and beaten.

5. Disappearances And Appearances

EHRCO would like to bring to the attention of the public that any person arrested and his (her) family have the right to know the reason and the place of detention.

5.1. Persons Whose Whereabouts Were Not Known And Released

.2. Persons Whose Places Of Detention Were Known After A Long Time

5.3. Detained Persons Whose Whereabouts Still Remain Unknown

6. Prisoners of War

Many states accept the International Humanitarian Law which ensures the respect for human dignity and security in times of war. When the war is internal there is even more reason to abide by the international rules concerning prisoners, not only to ensure the safety of the prisoners but also to reduce the suffering of their relatives. The Ethiopian Human Rights Council has the following list of prisoners allegedly captured by the different opposition groups who are now in power. From reports reaching their relatives some of them have been subjected to especially harsh treatment because they refused to embrace the cause of their captors.

6.1. War Prisoners Under EPL

6.2. War Prisoners Under TPLF

6.3. War prisoner under EPRDF

7. Other Prisoners

There are still thousands of prisoners who are languishing in jail in different parts of the country without any due process, without any charge and with no right to get out on bail. According to Article 9 of the Universal Declaration of Human Rights "No one shall be subjected to arbitrary arrest, detention or exile." Although the Transitional Government has repeatedly promised to bring these prisoners to justice, it has still not started the process. As a result the number of prisoners has been increasing rather than decreasing. In the Third Report of EHRCO the number of prisoners brought to its attention was 2147. The number of prisoners enumerated in this Fourth Report does not include that. It is only for convenience and economy that EHRCO comes out with numbers of prisoners instead of names. But EHRCO has all the names of these prisoners.

8. Various Human Rights Abuses

8.1. The Ineffective Petition Of The People Of Menz

Proper administrative system entails a clearly known hierarchy with different powers and responsibilities. In Ethiopia, there are customary as well as civil service rules and regulations that have been in place for a long time.
In northern Shewa, the people of Menz opposed the new EPRDF policy of land redistribution in that area and complained to various levels of authority, including to the Prime Minister. Although the Prime Minister repeatedly ordered in writing that the land redistribution be stopped in accordance with the wishes of the people, the local authorities continue to reject the order of the Prime Minister. Moreover, as punishment for taking their complaints to the Prime Minister, several farmers are forced to pay fines and are thrown in prisons. Such actions deny the legitimate rights of people to complain peacefully and legally to higher authorities whenever they have grievances.

8.2. Violations Of The Right To Work

The following persons have been allegedly dismissed from their respective jobs in violations of civil service regulations, the labour laws and other appropriate legislation's.

Name - Place of Work

1. Fisiha Tebeje(priest) - Orthodox Church Adm.
2. Taddese Ayalew - Council of Representatives
3. Kebbede Mamo - Council of Representatives
4. Masresha Abate - Wello, Attorney General Off.
5. G/Igziabher G/Hiywet - Ministry of Finance
6. Abebe Balcha - West. Shewa Administration
7. Kitaba Waqjira - West. Shewa Administration
8. Biramo Yora - Sidamo administration
9. Amare Beqele - Canvas and Shoe Factory, A.A.
10. Melku Azaghe - Canvas and Shoe Factory, A.A.
11. Feleqe Sinu - Canvas and Shoe Factory, A.A.
12. Ghetachew Moghese - Ministry of State Farms
13. Alemghena Mamo - Hamaressa Flour and Oil Fac.
14. Aseffa Abahumna - East. Shewa Administration
15. Mola Ghesesse - Science and Technology Com.
16. 9000 Workers Building - Construction Authority

8.3. Persons Disallowed To Regain Their Previous Jobs
The persons listed below complain of being unduly forbidden from regaining their former jobs.
8.3.1. Five police officers accused of and imprisoned for participating in the attempted coup d'etat against the previous regime were released by government order, but not allowed to return to their jobs.
8.3.2. About three hundred former policemen who were serving in Eritrea, Tigray, Assab, Wello and in Addis Ababa have not still been allowed to return to their jobs.
8.3.3. All policemen who were employed after 1974 still remain out of their jobs.
8.3.4. About 158 military officers with various professions and holding B. Sc., M. Sc. diplomas have not been reinstated to their former jobs.

8.4. Directives That Violate Rights

8.4.1. The Wereda 18 Office of Addis Ababa Administration has gone beyond the limits of its authority in Kefitegna 18 Qebele 33, House No. 234, occupied on properly effected contract No. D.I.S.A.S. 994/91 of September 1, 1991 between The Ethiopian Review and the diplomatic section of the Agency for the Administration of Rented Houses and issued a written order No. W18/Q33/080/85 on October 1, 1992 instructing Ato Kifle Seife Mikael, the legal agent of the Ethiopian Review, to evacuate the house. Moreover, armed EPRDF men came into the premises repeatedly and violated his right to peace and security.
8.4.2. A civil servant is entitled to promotion and pay increase in accordance with his performance and demonstrated sense of responsibility. But the Vice Minister of Finance, in a directive he signed on 11/3/92 No. 1/7/1/48/77, ordered that all former WPE members should not get any promotion and if there were some who already had promotion, it should be nullified and they be paid their previous salaries. This is discriminatory.

8.5. Denial Of Pension Rights

Some 37 civil and military prisoners in Qalliti, suspected of red terror, have been without their pension for over a year. Not only are they in prison without due process, but have also been denied their pension rights without due process.

9. Violations Of Property Rights

9.1. Property Allegedly Confiscated by EPRDF

9.2. Property Allegedly Confiscated by EPLF

Persons whose names are listed below were forced to leave all their property when the port of Assab was occupied by EPLF in May 1991.

11. Conclusion

The concerned officials of the Ethiopian Transitional Government should take note that the violations of human rights detailed in this report are violations of rights and freedoms which are guaranteed by the Charter and by the Universal Declaration of Human Rights. EHRCO appeals on behalf of the victims that those violations be immediately rectified and the victims be redressed without any lame excuses. EHRCO would like to express its willingness to participate in any endeavour which aims at resolving problems by peaceful measures. The Ethiopian Human Rights Council also requests individuals residing in Ethiopia or abroad, human rights organisations, governments, international organisations, political and religion organisations, to support and promote the cause of human rights, the democratic process and the rule of law in Ethiopia and to write to the addresses stated hereunder requesting the rectification of the violations outlined in the report.