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THE HUMAN RIGHTS SITUATION IN ETHIOPIA 1. Introduction It may be recalled that so far the Ethiopian
Human Rights Council had no cause for complaint. Except for
harassment in the media, nothing of any real significance
happened to EHRCO or its members. But conditions seem to be
changing quite fast. Therefore, the Ethiopian Human Rights
Council would like to bring to the attention of the national and
international public a few facts that seem to indicate new
developments. First, two members of EHRCO, Ato Tesfaye Taddese
and Ato Ashennafi Abeje, disappeared on the same day, May 20,
1993. To this day their families do not have any idea of where
these persons are. Second, the apartment next to the
Chairperson's was broken into and occupied by persons who
presumably are outside and above the law. These facts may be
totally unrelated. But we would like to record them. This is the
fifth time that the Ethiopian Human Rights Council is reporting
on the human rights situation in Ethiopia. It is to be recalled
that the Ethiopian Human Rights Council had, in its previous
reports, outlined various violations of human rights. There is
almost no case of human rights violation which produced
investigation with the purpose of bringing the perpetrators to
justice in accordance with the laws of the country. This is a
clear indication of the fact that human rights violations are
allowed to continue with impunity in this tragic country. We can
talk about the establishment of an independent judicial system
and the rule of law taking root in the country only if and when
wrong-doers are brought to justice for a fair trial. If violation
of human rights are tolerated or are allowed to continue with
impunity, then all talk about the rule of law and due process
becomes meaningless. The Council of Representatives of the Transitional Government in its 67th regular session (April 20, 1993) has ratified two important international instruments for the protection of human rights. These are: a) International Covenant on Economic, Social and Cultural Rights; and b) International Covenant on Civil and Political Rights. The ratification of these two international instruments is a positive step that EHRCO welcomes. In order to make the human rights provisions embodied in these two international covenants operative, they have to be included in the appropriate municipal laws of the country. As EHRCO repeatedly reiterated, its objective in making the human rights violations public is not to discredit the government, but rather to act as a watch-dog in alerting the government to take appropriate rectification measures with regard to violations of human rights. It is to be remembered that the Ethiopian people have undergone untold sufferings under the previous government. Practices which would lead to the same kind of condition have to be brought to a halt. EHRCO believes that it is the primary function of the government to take appropriate legal measures to bring violators of human rights to justice and make conditions favourable for the observance and protection of human rights. This Fifth Report is prepared taking into account
the complaints received from December 10 to May 23, 1993. The
report is based on concrete evidences and it is free from any
kind of hearsay. 2. Defying Court Orders The following persons who were restrained applied
for habeas corpus to the Central High Court and the High Court,
after due consideration of their application, ordered their
immediate release without any bail. Although orders both from the
High Court and the Special Prosecutor's Office (SPO) were given
to Holeta Prison, the unlawfully restrained persons still
languish in the prison.
3. Extrajudicial Execution The following persons have been killed by members of EPRDF forces.
4. Extra-Judicial Killing Of Prisoners Everyone has the right to life, freedom and the
security of person. Everyone charged with a penal offence has the
right to be presumed innocent until proven guilty according to
law in a public trial at which he has had all the guarantees
necessary for his defence. Nevertheless, the following persons
who were detained for unknown reasons in the police station of
Nifas Mewcha (South Gonder Administrative Region) were
extra-judicially killed at different times. These persons were
not even given the right to appear before the Court.
These persons were killed at the place called
Teme Ber on February 16,1992 after being taken out from Nifas
Mewcha Police Station where they were detained.
5. Persons Who Have Died While Under
Unlawful Detention The Universal Declaration of Human Rights under
Article 9 provides that "No one shall be subjected to
arbitrary arrest, detention or exile." Quite a large number
of youngsters from Addis Ababa were detained for mere suspicion
of being involved in the crime of theft. These youngsters were
taken to Shewa Robit and Ziway Prisons without being charged and
given the benefit of appearing before the court of law. Among the
youngsters who were unlawfully detained in Ziway Prison, the
following have been found dead. 6. Victims Of Torture And Physical Abuse The Universal Declaration of Human Rights under
Article 5 provides that "No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or
punishment." Nonetheless the following persons whose
addresses are shown below were subjected to torture and to bodily
affliction by EPRDF forces in contravention to the provision of
the Universal Declaration of Human Rights, which is part of the
Transitional Period Character.
*His whereabouts is unknown. 7. Disappearances It is evident that one could be apprehended or detained in accordance with the provisions of the Criminal Procedure Code. Under these circumstances the lawful apprehending or detaining authority which is designated as such has the legal obligation to inform the apprehended person the reasons why he is apprehended and the place where he is going to stay under detention. This information must be communicated to his family members or persons concerned. The family members, friends or persons concerned have the legal right to know the whereabouts of the detained. To keep a person in a secret place and incommunicado is a violation of human rights. Among those reported to have disappeared in the Fourth Report of EHRCO five persons have been released, the places of detention of four is now known. But we still do not know anything about the sixteen remaining ones. At present the whereabouts and conditions of the following persons is unknown by their family members, friends and persons concerned.br
*Members of EHRCO 8. Illegal Detention It is to be recalled that EHRCO has, in its
previous reports, revealed the number of prisoners in various
parts of the country. The number of persons, who are unlawfully
detained for different and unknown reasons and who languish at
different prisons is still on the increase. The total number of
illegally detained persons in our previous reports was 5406. The
following list contains new information not included in the
earlier reports.
9. Negligent Use Of Firearms On the eve of February 18,1993, while the TPLF
(Tigray People's Liberation Front) was celebrating its 18th
anniversary, there was a volley of firearms shooting throughout
the city of Addis Ababa. As a result the persons whose names and
addresses are indicated below have suffered bullet wounds and one
lady has died: Although it is the right of every one to live in
peace and security, in principle EHRCO finds it difficult to
accept this problem as a deliberate violation of human rights. It
goes without saying that such negligent use of firearms has
responsibilities which the government must bring to bear on its
armed forces. 10. Prisoners Of War In its previous reports EHRCO has requested all
concerned parties to disclose the conditions of prisoners of war.
But no response has been received both from EPRDF and EPLF. The
following list of prisoners of war does not include those
revealed in the previous reports. 10.1. Prisoners of war under EPRDF
11. Violation Of The Right To Freedom Of
Association The Universal Declaration of Human Rights,
Article 20, Provides that "Everyone has the right to freedom
of peaceful assembly and association." This has also been
guaranteed by the Transitional Period Charter. Accordingly, there
are now quite a large number of organisations operating in the
country. Nevertheless, the situation in which the Ethiopian
Teachers' Association finds itself is very alarming. The
Ethiopian Teacher's Association which has a membership of over
120,000 is one of the relatively oldest trade unions in Ethiopia.
During the previous government, it had suffered undue
interference as a result of which it was subjected to serve the
program of the then ruling party, WPE. After the overthrow of the
Menghistu regime the members of the association embarked on an
effort to reorganise their trade union so as to make it truly
independent. Although it did not last long the members of the
association through a long and tortuous struggle managed to have
an independent association. Failure to bring the leadership of
the association under the leading party in power by all sorts of
means has now resulted in an open campaign to close and destroy
the branch offices and the head office altogether. This campaign
has now materialised forcing many of its branch offices to be
closed and making the head office almost inoperative. All the
bank accounts opened in the name of the association are blocked. 12. Violation Of The Rights Of
Demonstration And Of Assembly In accordance with Articles 18 and 19 of the
Universal Declaration of Human Rights every person has the right
"to freedom of opinion and expression." The
Transitional Period charter accepts these same rights.
Proclamation No. 3/1992 also ensures these rights by only
providing prior information to the government. Nevertheless,
Proclamation No. 3 cannot be interpreted to mean the violation of
rights given in the Charter. 12.1 AAPO (the All Amhara People's Organisation)
objecting to the sending of United Nations and OAU observer teams
for the referendum in Eritrea, because it believed it was an
interference in the internal affairs of a member country, wanted
to stage a peaceful demonstration on January 3, 1993 in Mesqal
Square. Although it applied to Region 14's office twice, it was
denied permission. Finally, AAPO appealed to the Council of
Representatives and sent copies of its letter to several
organisations, including EHRCO. 12.2. The dismissed professors of Addis Ababa
University are not allowed to enter the University campus let
alone assemble there. Consequently, they paid for a hall in the
Chamber of Commerce Building to have a meeting on May 24, 1993.
This was banned by the government on May 21, 1993. Such practices
which flagrantly violate the laws that the Transitional
Government itself promulgated is contrary to the rule of law and
will only negatively influence the expected democratic process. 13. Violation Of The Right To Work The following persons have been allegedly
dismissed from their respective jobs in violations of Civil
Service Regulation, the labour laws and other appropriate
legislation.
14. Violation Of Property Right Article 17 of the Universal Declaration of Human
Right provides that "Everyone has the right to own property
alone as well as in association with others and also that"
No one shall be arbitrarily deprived of his property. "But
in Contravention to their Article the properties of the following
persons have been allegedly confiscated. 14.1. Property Allegedly
Confiscated by EPRDF
14.2. Property Allegedly Confiscated by
EPLF The following persons were residents of Assab and
Asmera until EPLF. forces controlled Eritrea in May 1991.
15. On Addis Ababa University The violent disturbances created by the
government security forces on Addis Ababa University students on
January 4, 1993, threatened the normal functions of the
University. The cause of the disturbances was the action of the
armed security forces which violently prevented the students to
exercise their right to demonstrate peacefully. a. that the members of the student council be
allowed to register; When these demands were not heeded to the
students began protesting and demonstrating inside the campuses,
especially in Arat Kilo (Faculty of Science). The students were
not allowed to get out of nor to move about in Arat Kilo campus
for about three days. Over 100 students were arrested and taken
to Sendafa and to the Criminal Investigation Department in Addis
Ababa. The students continued their protest with hunger strikes,
although they were not given adequate food. Groups of students
have been released at different times. Most of the students have
no relatives in Addis Ababa and they have no persons to provide
them with food or to follow developments for them. The government
so far has not come up with the names of the students who are
arrested. This is important because it will save the government
from responsibilities from issues that may arise in the future.
It is difficult to create a just and peaceful solution to
problems by attempting to correct one mistake by another. It is
the responsibility of the government to create peaceful and
stable conditions through legal means, and not to compound the
problems only with the use of force. 16. Conclusion The violations of human rights outlined above are
contrary to the Universal Declaration of Human Rights which is
part and parcel of the Charter. Those government organs which are
responsible for these violations ought to correct themselves
without any attempt to rationalise their violations of the
provisions of the Charter. On the contrary, we expect all
government organs to stand for the democratic process, for peace
and stability and for respect of human rights. EHRCO is convinced
that respect of human rights is the basis for the democratic
process, uninterrupted economic development while violations of
human rights will be the basis for hatred, conflict and
impoverishment. EHRCO is always ready to make its own
contributions in all efforts made for legal and peaceful
solutions of problems. EHRCO appeals to all persons of good will
whether residing in Ethiopia or outside, human rights
organisations, NGOs, governments and international organisations,
political and religious institutions who support the democratic
process, the rule of law and the respect for human rights to do
whatever they can for the promontion of human rights, rule of law
and the democratic process. COMMENT ON 5th REPORT OF EHRCO (From the Office of the Co-ordinator of the Police and Prisons Administration of the Ministry of Internal Affairs) (Published in The Ethiopian Herald on July 18, 1993) The 5th report recently issued by the Ethiopian
Human Rights Council has listed alleged human rights violations
claimed to have been committed in various parts of the country.
The report accuses the Transitional Government of murdering
prisoners and innocent civilians, of inhumane punishment,
kidnapping, torturing prisoners of war, and illegally
dispossessing people of their property. It would clearly be in
the public's interest to take up each one of the alleged human
rights violations. However, we feel it will be sufficient here to
take a closer look at the alleged cases from Addis Ababa, to
illustrate the erroneous nature of the EHRCO's allegations. Before looking at specific instances, it may be
useful to refer to the introductory part of the report, which
concedes that the Transitional Government has endorsed two key
international human rights conventions. At the same time it
claims that the human rights situation in Ethiopia is fast
deteriorating referring, as illustration, to an incident which
occurred near the residence of the EHRCO Chairperson, when a
vacant house was forcibly broken into and occupied by some
individuals. There is an attempt to link this incident to the
allegedly "mysterious" disappearance of Ato Achenafi
Abeje and Ato Tesfaye Tadesse on the same day. It was in fact, an employee of the Committee for
the collection of the Properties of Maritime Transport
Corporation who with a relative broke into the vacant property.
The reason for the forcible entry was, quite simply, the man's
desperate need for shelter, which is a common occurrence in a
city with such an cute shortage of housing. The illegal
occupation of a vacant property was one out of the many petty
offences committed daily, and is being dealt with by the courts
under the appropriate legal provisions. It is extremely difficult
to see the proximity of this incident to the Chairperson's
residence as anything other than a coincidence, or to imagine how
it can render the Transitional Government responsible for failure
to safeguard human rights, or serve as proof of a deterioration
in the overall human rights situation in Ethiopia. It is equally
difficult to see how this can be linked to the case of Ato
Achenafi and Ato Tesfaye, detained under a court warrants issued
on May 18 and May 19, 1993, respectively, who are believed to be
collaborators of Ato Gayim, a leader of the EPRP, an organisation
which has refused to renounce violence during the transitional
period, and who was recently killed while resisting arrest in
Addis Ababa. Omitting the information that Ato Achenafi and
Ato Tesfaye were detained under a court warrant, and claiming
that they mysteriously disappeared, is a puzzling position for
the EHRCO to take. We will now address some of the cases raised in
the report and set the record straight, so the right of the
public to know the truth can be served. 1. On the alleged "defiance of court
order" The report claims that nine people who were
brought to court by the Prosecutor's Office are still in
detention despite a court order to the contrary. However, 1.
There is no one in detention contrary to court orders. All six
hundred and seventy ex-detainees who have been adjudicated free
by the court and the Prosecutor's Office have indeed been freed.
Although a misunderstanding arose between the court and the
Special Prosecutor's Office at the time when pleas for habeas
corpus on behalf of the detainees were reviewed, this had no
impact on execution of the court verdicts. 2. On allegations of extra-judicial
executions The Council's report presents ordinary criminal
offences and police activities to control them as politically
motivated measures. It should be understood that: I. None of the
persons listed by the Council in its 4th and 5th reports as
martyrs have been killed because of their political views. I. Ato Zeleke Leta - Known to have lived in zone
3, Wereda 19, Kebelle 54, as a guard at the Sebestie Negassi
Secondary School in Addis Ababa. Ato Zeleke was observed by a
security guard, who suspected him of stealing from the school,
and ordered him to stop. Ato Zeleke refused to obey, and
subsequently the security guard fired a shot which killed him.
The security guard is now in custody pending investigations into
whether he acted excessively or not. 3. The case of allegedly missing persons
as reported by EHRCO . One of the EHRCO 's allegations is that
individuals have been abducted and their human rights grossly
violated. Its report claims that Ato Tesfaye Tadesse and Ato
Achenafi Abeje disappeared on May 10th 1993. The EHRCO O tries to
present these individuals as victims of a government conspiracy.
In fact, the two men were detained following the issue of a court
warrant for their arrest. The reason for their detention was the
fact that both were caught while apparently preparing to commit
terrorist acts in Addis Ababa, under the leadership of Gayim, who
was Commander-in-Chief and a member of the Central Committee of
the EPRP. To further investigate the case, the court ordered
their detention in warrant issued on May 18 and 19,1993. This can
be ascertained by referring to files no. 2823/85 and 2976/85 at
Kechene Awraja Court. It is curious that these important facts
were omitted from the report. 4. Concerning "illegal
imprisonment" Contrary to EHRCO 's report that many people have
been thrown into jail without court warrants:- I. The EHRCO 's report on the case of the
university students is equally inaccurate. IV.The case of the Zewai Temporary
Detention Centre. It may be recalled that the police, in
collaboration with the residents of Addis Ababa rounded up gangs
of thieves, robbers and murderers, who had been terrorising the
community. The population of Addis Ababa actively co-operated,
both individually and through the Peace and Stability Committees,
with the security forces in subduing the criminal gangs. While
the government was taking measures to rehabilitate the detainees,
there was a sudden malaria outbreak in the Zewai area where the
detainees were being temporarily held. The disease caused deaths
among the residents of the town, members of the police, and,
obviously, the prisoners. Consequently, steps were taken to
protect the detainees, and 325 robbers were released. 5. On the alleged confiscation of a
vehicle The object of the EHRCO's report under this title
is a DAF truck which the EHRCO claims was illegally taken. It was
in fact discovered apparently being smuggled out of the city and
taken by members of the Nefas Silk security forces. The truck is
now held subject to a court order, and is not in the hands of the
EPRDF. Despite the fact that this simple truth could have been
established by the Council, they chose to report it as illegal
dispossession of property. The treatment of prisoners of war is quoted as
another proof of "human rights violations" in the
Council's report. In its bitter struggle against the Derg regime,
the Ethiopian People's Revolutionary Democratic Front (EPRDF)
captured thousands of war prisoners. The majority of these have
been released after rehabilitation. Those still held are under
investigation and awaiting trial accused of crimes committed
against the civilian population. The Commanders of the Third
Division are accused by the people of Northern Shewa, Wello and
Tigray of causing untold destruction and abuses, particularly
against the innocent peasants. Bringing the case of these
Generals to an independent court is a just and humane act. It is
difficult to understand the position of those trying to
pressurise the Government to release suspects of the most serious
crimes. A human rights organisation would normally be expected to
demand the prosecution of wrongdoers and justice for the wronged
as the best mechanism for safeguarding human rights. While it is
clearly valid to scrutinise the human rights record of the
present Government, it seems inconceivable to address this issue
without taking stock of the past.
1. Introduction The Ethiopian Human Rights Council welcomes the
response from the Ministry of Internal Affairs. We believe that
the response given on July, 1993 to EHRCO's Fifth Report of June
10, 1993 indicates a positive step forward in the general concern
for human rights in Ethiopia. It is also a step forward in
generating open dialogue between the government and the Ethiopian
Human Rights Council. From the point of view of the Ethiopian
Human Rights Council, it is differences of views that initiate
thinking and generate new ideas; it is also through such open and
sincere debate that the different social forces in the country
can contribute to the establishment of the democratic process and
to the formation of a democratic culture in the country. The Office of the Co-ordinator of the Police and
Prisons' Administration did not deny the breaking, entering and
occupying the apartment next to EHRCO O's Chairperson. The
apartment was not ownerless as the Office seemed to imply. It is
the Agency for the Administration of Rented Houses (AARH) that
owns, rents, and takes care of the apartment. Nor did EHRCO
directly link the forcible occupation of the apartment with the
disappearance of its two members. A desperate need for shelter is
presented as a justification for breaking into an apartment and
occupying it illegally. But we have to be careful lest we justify
theft and robbery for the same reasons. The Office has revealed
the fact that it was an employee of the Committee for the
collection of properties of Maritime Transport Corporation who,
with a relative, broke into the apartment, and that the offence
is being dealt with by a court of law. But the Office failed to
mention the names and addresses of the persons who broke into the
apartment and did not mention at which court the case is being
dealt with. This has made it difficult for EHRCO to properly
follow up the matter. 3. About Disappearances The Office in its comment on cases of
disappearances underlined that, "the people's right to know
the truth must be protected." As one of the objectives of
EHRCO O is to raise the awareness of the people of their
fundamental rights and freedoms, we uphold that everyone has the
right to information. EHRCO did not receive or find any
information about Ato Ashenafi Abeje and Ato Tesfaye Tadesse's
detention on the basis of the issuance of a court warrant.
Nevertheless, EHRCO has evidence which show that both Ato
Ashenafi and Ato Tesfaye disappeared on May 20,1993 and that
their families tried to find their whereabouts, but to no avail
until after 27 days of detention. The illegality of such acts
cannot be a subject of contention. It must be pointed out that
the families of the two EHRCO O members and others whom EHRCO has
reported disappearing have in fact tried to trace their
whereabouts in police investigation centres and prisons.
Furthermore, in its letter dated June 7,1993, Ref. No.
EHRCO/17/I.R-C/86/85, EHRCO requested the Police Investigation
Co-ordinator Department (Ministry of Internal Affairs) to
disclose the whereabouts and conditions of the two EHRCO O
members and five others. But EHRCO did not receive any response
from the Department. It was after such inquiries were made that
EHRCO included the names of the two EHRCO members and five others
in its Fifth Report as disappearing. In light of the facts
mentioned above, one would wonder how the Office presumed to
comment as if the whereabouts of the victims were known to their
families, friends, lawyers and EHRCO. How is this kind of
information to help the public in learning the truth about
certain events? 4. On Defying Court Orders It is evident that Holeta Prison has been
mentioned in EHRCO O's Fifth Report for defiance of court orders.
Every person, whether natural or juridical, has the obligation to
comply with orders from the courts in as far as they are lawful.
Holeta prison cannot be an exception to this. Any person who
receives a court order is expected to comply with it at the
earliest convenience or on such a date as the court prescribes.
Although orders were issued by the High Court of the central
government that the persons, mentioned Under Item 2 of EHRCO O's
Fifth Report, be immediately released without bail, the orders
were not complied with by the Holeta prison. This is clearly an
act of defying court order. In its comment, the Office stated as
though there was a misunderstanding between the court and the
Special Procurator's office. But viewed from the evidences that
EHRCO has at its disposal, there does not seem to exist such
misunderstanding between the two organs. This is so because the
orders given to release the persons were not only from the court,
but also from the Special Procurator's office. If this is the
fact as it stands, where does the said misunderstanding lie?
Moreover, EHRCO has evidence which indicate that similar
disappearances are still continuing. 5. Concerning Extra-Judicial Executions The Extra-judicial executions mentioned in the
Fifth Report were of two kinds: Those were:- 6. About Illegal Detentions Where there is reason to believe that a person
has committed an offence and the offence is such as to justify
arrest, the investigating police officer shall take such steps as
are necessary to effect his arrest. Where the arrest cannot be
made without warrant, the investigation police officer shall
apply to the court for a warrant of arrest in accordance with
provisions of the Criminal Procedure Code (Arts. 25, 26, 50, 51,
53) Where the police investigation is not completed the
investigating police officer may apply for a sufficient time to
enable the investigation to be completed, but no remand shall be
granted for more than fourteen days on each occasion. [Art 59
(2), (3)] This does not, however, mean that remand will be
granted for all cases. There may be certain complex cases of
investigation which require sufficient time and which necessitate
the granting of a remand. Even under such circumstances remands
are not granted arbitrarily and indefinitely. This is so because
the individual must be protected, lest he languish under custody
in the guise of uncompleted investigations. The other issue which
needs to be raised and discussed is who has the power to detain
an individual and undertake investigation. It is a competent
police officer or a member of the police who can detain and carry
out investigation pursuant to the provisions of the criminal
procedure code. This authority is not something which should be
arbitrarily exercised by other non-police security forces, who do
not have any competence emanating from laws. Furthermore, the
places where persons under investigation stay in custody and
where sentenced persons serve their sentences should be official
and clearly known to the public. Detaining and investigating
persons by men who do not have the legal authority to do so and
placing the same in unofficial places and investigation centres
are both unlawful. Furthermore, to imprison a person for an
indefinite period of time under the pretext of investigation is
to punish a person before charges are brought against him, tried
and sentenced. The law does not provide for the punishment of a
person before he is found guilty and sentenced thereof. It may be
recalled that EHRCO, in its various reports, has repeatedly
appealed for the immediate appearance of detainees before the
court of law for a fair and speedy trial. But so far even charges
are not made against most of the detainees. In this connection,
EHRCO would, once again, like to appeal to all concerned
government authorities that the detainees be charged and brought
to the courts for trial. It is to be recalled that in its Fifth Report,
EHRCO O has revealed the deaths of four youngsters in Ziway
prison while serving unlawful detention. Although it has not
disclosed the exact number of detained youngsters, the Office in
its comment, has unequivocally confirmed the rounding up and
detaining of what it called "gangs of thieves, robbers and
murderers." The office has also revealed the fact that the
youngsters were taken to Zeway temporary detention centre to be
rehabilitated. If the detainees were "gangs of thieves,
robbers and murderers," as the Office has alleged, why were
they not charged and brought before a court of law for trial?
EHRCO would like to point out that one does not have any legal
authority to label persons as "gangs of thieves, robbers,
and murderers," before judgement is given by a court of law.
Because that would be defamation and would also infringe one's
right to be presumed innocent until proved guilty. The Office did
not deny that a number of prisoners died as a result of a sudden
malaria outbreak. It also compared prison guards with that of
detainees whose freedom of movement is curtailed. It is the
responsibility of the government to provide food clothing,
medication etc. to persons under detention or imprisonment. To
present the cases of prison guards who died as a result of
malaria attack as a justification for the deaths of unlawfully
detained youngsters does not seem to be a reasonable argument.
Although the Office has not mentioned what steps have been taken
to protect the detainees at the initial stage it has however
disclosed that it has released 325 youngsters, whom it considered
"robbers," as a step to protect the detainees from
malaria. From the figure given by the Office one can see that the
number of unlawful detainees was over 325. 8. On The Students Of Addis Ababa
University It is to be remembered that EHRCO O has in its
Fifth Report, revealed the overall situation in Addis Ababa
University. It has made public that over 100 students were
arrested and taken to Sendafa and to criminal Investigation
department in Addis Ababa. The Office in its comment has
confirmed the detention of 94 students. The Office has tried to
criticise EHRCO O for raising the number of student detainees to
155. It is not clear from Where the Office got the figure 155.
Nevertheless the important point is the government's confirmation
of detaining a number of students before EHRCO's report was made
public. If the issue is that of numbers then EHRCO would like to
state that it has the list of names of over 155 university
students who were detained in various detention centres prior to
EHRCO's Fifth Report. 9. Regarding Prisoners Of War The list of names of prisoners of war revealed in
the reports of EHRCO O are not denied. It is the responsibility
of EPRDF and EPLF to disclose the names, whereabouts and
condition of the prisoners of war to their families, the
Ethiopian public and to the international community at large. In
its previous reports EHRCO O has requested all concerned parties
to disclose the conditions of prisoners of war. But no response
has been received both from EPRDF and EPLF. If, according to the
statement given by the Office, the prisoners of war are
"accused of crimes committed against the civilian
population", why are they not brought to court for trial?
And why are they not allowed to be visited by their families and
their lawyers? EHRCO would, once again, like to appeal to both
EPRDF and EPLF to disclose the names, whereabouts and conditions
of the prisoners of war to the Ethiopian public. 10. Regarding The
"Confiscation" Of A Vehicle It is to be recalled that in its Fifth Report
EHRCO O has revealed the confiscation of Ato Abdella Mohammed's
truck with its trailer (Plate NOS. A.A. 3-17252, A.A. 3-03710).
The Office has tried to deny the fact by stating that the said
DAF truck was not confiscated by the members of the Nefas Silk
Security forces, but held by court order. Nevertheless the
evidences that EHRCO O has at its disposal clearly show that the
truck was held by the order of Ato Mohammed Nur, chief of Nefas
Silk Security forces, and not by court order. The following
official documents show that the truck was held by the chief of
Nefas Silk security forces. 11. Conclusion The Ethiopian Human Rights Council in its letter dated Oct. 24, 1991 has notified its establishment on Oct. 9, 1991 to the Transitional Government, Ministry of Internal Affairs, with copies to the Council of Representatives, the Prime Minister and to the Ministry of Law and Justice. One of the objectives of EHRCO is to monitor human rights violation by government institutions whenever they occur. The procedure adopted by EHRCO O at its initial stage was to communicate cases of violations to the concerned government institutions for appropriate rectification measures. If the concerned government authority fails to respond at a given period of time, EHRCO's procedure was to go public. Accordingly, EHRCO O sent its first report i.e., before it was made public, to the Ministry of Internal Affairs on Dec. 1, 1991. But the procedure EHRCO adopted could not materialise because His Excellency Ato Kuma Demeksa, Minister of Internal Affairs in his response dated Dec. 6, 1991 Ref.I.A 1/143/ A.9/91, stated that it was difficult for the Ministry to entertain the cases presented to it by EHRCO as the latter did not yet have legal personality. As a result EHRCO began making its findings directly public. The Comment given by the office seems to encourage EHRCO to return to the procedure it adopted at its inception that of communicating its findings to the concerned authorities for confirmation or denial. If there is such an attitude on the part of the government, EHRCO would like to express that it welcomes such an attitude. It will be in the interest of victims of violations of human rights. EHRCO, as it repeatedly expressed on many occasions is a non-political and non-partisan organisation dedicated for peace, the democratic process, the rule of law and respect for human rights. |