THE ETHIOPIAN HUMAN RIGHTS COUNCIL
Tel: ( (251-1) 514489 / 517704
TeleFax: (251-1) 514539 ( 2432 Addis
Ababa - ETHIOPIA
EXTRA-JUDICIAL KILLING, FORCED DISAPPEARANCE
AND ILLEGAL DETENTION
Special Report 19
December 1, 1997
1. EXTRA-JUDICIAL KILLING
The Ethiopian Constitution (Article 15) and the International
Covenant on Civil and Political Rights (Article 6[1]), which has
been ratified by Ethiopia, provide that since every human being
has the inherent right to life, no one shall be arbitrarily
deprived of his life. However, in violation of these provisions,
the governments security forces have killed Ato Terefe
Qumbi, Ato Tesfaye Kumsisa and Captain Gudisa Insa in the evening
of October 8, 1997 in Addis Ababa, near the Vatican Embassy.
Ethiopian Radio and Television as well as the State-owned daily
Addis Zemen have disseminated to the public the press release
issued by Addis Ababa Police Commission concerning the killing.
The news story reported by Addis Zemen on October 10, 1997 states
as follows:
In the evening of October 9, 1997, Ethiopian Radio and Television
broadcasted this same news. Furthermore, they reported that the
deceased men were alleged to have raided the town of Jeldu in
Wayo Woreda and looted money. This last piece of news was omitted
in Addis Zemen. Policemen wearing the regular police uniform
arrived at the scene only 30 minutes later and they photographed
with a video camera the bodies of Tesfaye Kumsisa and Captain
Gudisa Insa as they were lying on the road turning to the Zambian
Ambassadors residence, but they did not take a picture of
the body of Terefe Qumbi where it was lying.
According to the information received by EHRCO, there was a knock
at the gate of Terefes house at 8:15 p.m. Ato Terefes
mother-in-law opened the gate and found Ato Terefe standing
there. Then as he was about to get into his house, a fat
plainclothes man appeared from nowhere and dragged him into a
vehicle. Another plainclothes man thinner than the first one told
Terefes mother-in-law to get back into the house.
Ato T. Qumbis brother called Ato Ayele Qumbi and the late
Ato Tesfaye Kumsisas brother, Ato Fiqadu Kumsisa, brought
from the hospital the bodies of the two men. When they examined
the body, it was clear that Ato Terefe Qumbi was shot on the
forehead and killed with just one bullet. Ato Tesfaye was shot on
the chest with several bullets. The bodies of both men were
buried at St. Josephs church at four oclock on
October 10, 1997.
Ato Terefe Qumbi was a 39-year old man living in Addis Ababa,
Woreda 23, Qebelie 10, House no. 1866. He was married and was the
father of four children called Bereket Terefe (aged 3 years),
Daniel Terefe (aged 4 years), Abeba Terefe (aged 11 years), and
Worqnesh Terefe (aged 20 years). Until 1992, Ato Terefe was
working as a civil servant in the Civil Administration Department
of the Ground Forces Headquarters and after that as head of
General Services in the Oromiya Supreme Court. that he became the
chief of Captain Gudisa Insa, the man with the formal military
training, and led the armed band that attacked Jeldu town is just
incredulous.
Commenting on the attack on Jeldu, President Negasso Gidada told
EPRDFs Amharic monthly magazine, Ifoyta (6th year, no.1,
September-October 1997 issue), that the attack was launched by a
local bandit with the assistance of some individuals and not by
OLF. However, the Addis Ababa Police Commission had claimed that
the attack was carried out by Tesfaye Kumsisa et al. Captain
Gudisa had served under the former First and Second Revolutionary
armies until their disbanding.
According to the information received by EHRCO, all the three men
were killed after they had been captured. None of them were
carrying fire arms at the time and there was no shoot-out. It had
been claimed by the police press release that one policeman had
been wounded during the shoot-out. However, it was checked at the
Police Hospital if any policeman wounded in a shoot-out in
Mekanisa had been admitted there or received medical treatment
and it was found out that there was no evidence indicating such a
case at the Hospital. In the press release by the Police, it was
claimed that when the three
persons were killed, two others were taken into custody and that
the investigation was continuing. Nevertheless, the attempt to
verify this claim by checking with the Addis Ababa Police
Commissions Information and Crime Investigation Departments
showed that there was no record of the detention of such persons
on that day in the daily crime reports and prisoner registration
books.
However, information received by EHRCO shows that Private
Hailemariam Challa, a soldier who served in the army from the
time of Emperor Haile Sellassie until the disbanding of the
former army when the EPRDF took power, was taken into custody on
the day of the incident and his whereabouts is still not known.
Pvt. Hailemariam lived in Woreda 23, Qebelie 13, House no.1571.
Pvt. Hailemariams house was made of walls of corrugated
iron sheet and he made his living as a simple carpenter.
2. FORCED DISAPPEARANCE
2.1. Whereabouts Unknown
On November 6, 1997, at 9:30 a.m., Ato Mulatu Qeneaa was arrested
by security men while he was walking in Addis Ababa, Woreda 25,
Qebelie 16. Neither the reason for his arrest nor his present
condition and whereabouts is known yet. Ato Mulatu was a resident
of Addis Ababa, Woreda 8, Qebelie 35, House no. 871. Ato Mulatu
was a member of the former police force and was transferred to
Flight Security Unit where he was serving until the end of 1983
Eth. C.
2.2. Whereabouts Known After Their Disappearance
The following persons were taken into custody by the security
forces and their whereabouts was unknown for sometime. Now they
have been located at the Central Investigation Coordination
Department.
2.2.1. On September 27, 1997, at 10:00 p.m., Ato Agesa Lemesa,
who is an employee of Qaliti Cooking Oil Factory, was taken away
by the police from his home in Addis Ababa, Woreda 19, Qebelie
57, together with his wife Wro. Saqittu Derbaba, Wrt. Misgana
Derbaba, Teacher Dinqa Beqele and Ato Mulugeta Kussa. Their
condition and whereabouts had not been known until November 24,
1997, on which day they were taken to the Federal First Instance
Court, 2nd Criminal Division, and were remanded for investigation.
2.2.2. On September 27, 1997, at 10:00 p.m., Ato Tekle Qinattie
and his guest Ato Getachew Beqele were taken away from their home
in Addis Ababa, Woreda 7, Qebelie 17, House no. 121. Their
condition and whereabouts had not been known until November 24,
1997, on which day they were taken to the Federal First Instance
Court, 2nd Criminal Division and were remanded for investigation
till December 3, 1997. Ato Tekle Qinattie has written a book,
titled DIRMAMMUU, in Oromiffa, but copies of the book w
2.2.4. On September 21, 1997, at 6:00 a.m., Ato Daba Kumsa was
woken up from his bed by armed policemen who came to his home in
Police Land Rovers, plate nos. 2063 and 1834, and he was taken
away to an unknown destination. His home in Addis Ababa, Woreda
8, Qebelie 02, House no. 1216 was searched by the same policemen
who had threatened him with their arms before taking him away.
Ato Daba is 50 years old and his whereabouts was unknown for 16
days. He was released on October 7, 1997 after he wa
3. ILLEGAL DETENTION
Article 19(3) of the Ethiopian Constitution and Article 29 of the
Ethiopian Criminal Procedure Code provide that arrested persons
have the right to be brought before a court within 48 hours of
their arrest. Article 21(2) of the Constitution also provides
that all persons shall have the opportunity to communicate with,
and to be visited by, their spouses or partners, close relatives,
friends, religious counselors, medical doctors and their counsel.
However, in contravention of these constitutiona Ato Beyene
Abdi, a pensioner who is a member of Mecha and Tulema Association
as well as the Human Rights League, and Chairman of the Board of
Bilisuma Arts and Publishing PLC. Ato Tilahun Hirpasa, member of
Bilisuma Arts and Publishing PLC as well as the Board of the
Human Rights League. Ato Beyene Belissa, an employee of
Telecommunication Corporation, a member of the Executive
Committee of Mecha and Tulema Association as well as the Human
Rights League. His right leg was amputated after he was hit by a
misfired bullet in July 1991 when he was serving in the Peace and
Stability Committee of his Qebelie. Ato Gebissa Lemessa, an
accountant of Save the Children (UK), a member of Mecha and
Tulema Association and the Board of Bilisuma Arts and Publishing
PLC. Ato Hussein Abdi, Public Relations Officer of Mecha and
Tulema Association and a member of the Human Rights League. Haji
Sahlu Kaftie, a pensioner who makes his living as a trader. He is
a member of the Human Rights League and the Executive Committee
of Mecha and Tulema Association. Ato Adissu Beyene, a member of
the Human Rights League and the former Manager of Oromo Relief
Association which has been closed down by the government. Ato
Gadissa Bultossa, an employee of the Oromiya Agriculture Bureau
and a member of the Human Rights League. Ato Hailu Terfassa, an
employee of the Ethiopian Evangelical Mekane Yesus Church and a
member of the Human Rights League. Ato Zewdie Chemeda, a
geography teacher at Addis Ketema Comprehensive Secondary School
and a member of the Human Rights League. Ato Mohammed Wayou, an
employee of Oromiya Civil Service Bureau. Ato Adem Hassen Ato
Adugna Fittie
Although they can receive food from their family, these detainees
are not allowed to be visited by their family, friends and
lawyers. On November 24, 1997 they were taken to the Federal
First Instance Court, 2nd Criminal Division, for the first time
and they were remanded for investigation till December 3, 1997.
The General Secretary of the Human Rights League, Ato Garuma
Bekele, has been in detention since October 27, 1997 allegedly
for violating the Press Law. Ato Garuma is also the General
Manager of Bilisuma Arts and Publishing PLC, a business
organization which publishes the weekly Urji paper and a monthly
magazine by the same title. The Editor-in-Chief of Urji
newspaper, Ato Solomon Nemera, has also been held in detention at
different police stations since October 16, 1997, allegedly for
violating the Press Law. He was detained at Maekelawi from
October 16 to November 6, 1997. From November 6 - 26, 1997 he was
detained at Woreda 9 Police Station. And on November 26, 1997 he
was transferred to Maekelawi and is still held there until
the issuance of this report. The Deputy Editor-in-Chief of Urji
newspaper, Ato Tesfaye Deressa, has also been held in detention
at different police stations since October 16, 1997, allegedly
for violating the Press Law. He was detained at Maekelawi
from October 16 to November 6, 1997 and on November 6, 1997 he
was transferred to Woreda 10 Police Station, where he is held in
detention. Since the above actions violate human rights, EHRCO
requests the Government to: investigate urgently the killings of
Ato Terefe et al and bring the killers to justice; disclose to
their families the whereabouts of Ato Mulatu Qeneaa as well as
Pvt. Hailemariam Chala, and investigate the causes for their
detention in accordance with the law; handle the cases of the
other detainees in accordance with the law.
EHRCO also calls on all human rights organizations, international
NGOs, religious organizations, governments, and individuals
living within or outside Ethiopia who support respect for the
rule of law and human rights to write to the following addresses
and urge the Ethiopian government to respect human rights.
Council of Peoples Representatives
P. O. Box: 80001; Fax: (251-1) 55 09 00, Addis Ababa,
Ethiopia;
His Excellency Dr. Negasso Gidada, President, FDRE
P.O.Box: 1031; Fax: (251-1) 55 20 20, Addis Ababa,
Ethiopia
His Excellency Ato Meles Zenawi, Prime Minister, FDRE
P.O.Box: 1031; Fax: (251-1) 55 20 20, Addis Ababa,
Ethiopia
His Excellency Ato Woredewold Woldie, Minister of
Justice, FDRE
P.O.Box: 1370; Fax (251-1) 55 07 22, Addis Ababa,
Ethiopia
His Excellency Ato Kemal Bedri, President of the Supreme
court
P.O.Box: 6166, Fax: (251-1) 55 02 78, Addis Ababa,
Ethiopia
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