Unlawful Imprisonment In Ethiopia: Intimidated, Tortured And Detained – OpEd
Arrested, jailed and beaten, tortured and imprisoned, this is the recipe for justice that the Ethiopian government serves up to dissenting voices. Men and women peacefully exercising their democratic right, demanding their human rights, crying out for their moral rights. The victimised are not only those living within Ethiopia who attempt to offer an alternative to the current dictatorship, who form and organise political opposition to the Meles regime, but journalists inside Ethiopia and abroad, who dare to speak out in criticism of the governments criminality, human rights violations and policies of indifference.
Amnesty International in its damning report of the Ethiopian government, Dismantling Dissent in Ethiopia (DDE);1 state that from March to November 2011 “at least 108 opposition party members and six journalists have been arrested for alleged involvement with various proscribed terrorist groups.” By November they were all charged with crimes under the internationally criticised Anti Terrorist Proclamation. In addition, Amnesty continues, “six journalists two opposition party members and one human rights defender, all living in exile, were charged in absentia.”
The ‘T’ word as former Secretary General of the UN Kofi Annan, called terrorism, is the umbrella term used by the Ethiopian government (amongst others) to justify the unjust, the dishonest and the criminal. If there is a terrorist organisation flourishing in Ethiopia, committing crimes against humanity and violating the human rights of the people it is State terrorism delivered by the EPRDF government, under the leadership of Prime Minister Meles Zenawi, as this UN definition of terrorism makes clear. “Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable.”2 Fear of the government, fear of reprisal, of violence and [false] imprisonment casts a deep shadow across the people of Ethiopia, whose human rights are being ignored by the Meles regime, that seized power twenty years ago and has brutalised and systematically restricted the peoples freedom and human rights ever since.
Lawless lawmakers
In 2009 the Ethiopian government passed legislation on the highly controversial Anti Terrorism Proclamation. Human Rights Watch (HRW)3 that year looked closely at what was then the proposed law and amongst other recommendations held high within their fury and despair, said, “if implemented this law could provide the Ethiopian government with a potent instrument to crack down on political dissent, including peaceful political demonstrations and public criticisms of government policy” and “It would permit long-term imprisonment and even the death penalty for “crimes” that bear no resemblance, under any credible definition, to terrorism. It would in certain cases deprive defendants of the right to be presumed innocent, and of protections against use of evidence obtained through torture.” Needles to say, the law was passed almost entirely as drafted, duly implemented and has since been used solely to silence dissent. Amnesty in its report found “the prolonged series of arrests and prosecutions indicates a systematic use of the law and the pretext of counter-terrorism by the Ethiopian government to silence people who criticise or question their actions and policies, especially opposition politicians and the independent media.”
It is the utilisation and enforcement of this unlawful law that is enabling the Ethiopian government to quash opposition and free speech within the country and intimidate those voices for fairness, justice and common sense abroad. The legislation allows the government to ban free association and to arrest and imprison anyone who has the courage to speak out against the government and their many human rights violations. The police, who were already commonly acting outside of the law, with little or no knowledge of human rights, were given new and unlawful powers. HRW in its analysis states, “The draft Proclamation grants the police the power to make arrests without a warrant, so long as the officer “reasonably suspects” that the person is committing or has committed a terrorist act. The Ethiopian constitution requires that a person taken into custody must be brought before a court within 48 hours and informed of the reasons for their arrest-a protection that is already systematically violated.” This constitutional requirement as with many articles of decency and good intention is dutifully ignored. Arrested under the Anti Terrorist Proclamation individuals are held in confinement for weeks, sometimes months without charge and denied legal support. Even before this draconian legislation was enforced HRW states “Ethiopian police routinely detain people without charge for months, and sometimes ignore judicial orders for release.”
Five from many
In January five more innocent people were convicted in the Ethiopian Federal High Court, of conspiracy to commit terrorist acts, and money laundering. Evidence against the three journalists an opposition leader and a woman, Hirut Kifle Woldeyesus, was made up primarily of online criticism of the government and plans to stage peaceful political protest. None of which constitute acts of terrorism. This is common as Amnesty found in the 114 cases they investigated in their detailed report, “much of the evidence against those charged involves items that do not appear to amount to terrorism or criminal wrongdoing. Rather many items of evidence cited appear to be illustrations of individuals exercising their right to freedom of expression, acting peacefully and legitimately.”
Two of the journalists tried in January were sentenced to 14 years imprisonment while Elias Kifle (tried in absentia), editor of the web-based journal Ethiopian Review, received his second life sentence [emphasis mine]. These cases are simply the most recent in a long line of miscarriages of ‘justice’, where the outlaw government has exercised an abuse of power and in the name of justice imprisoned the innocent. A further 24 journalists and opposition party members are awaiting trial, many of whom could face the death penalty, for trumped up charges which amount to nothing more than journalists exercising their constitutional and moral right to freedom of speech. The UN Special Rapporteur on human rights defenders, Margaret Sekaggya stated in a meeting of UN human rights investigators in February “journalists, bloggers and others advocating for increased respect for human rights should not be subject to pressure for the mere fact that their views are not in alignment with those of the Government.”4 Indeed. Journalists must be free to speak out against the government, to criticise policies of persecution, to highlight the suffering of the people and to draw attention to the multiple human rights abuses taking place within Ethiopia. UN Special Rapporteur on freedom of expression, Frank La Rue, “Journalists play a crucial role in promoting accountability of public officials by investigating and informing the public about human rights violations, they should not face criminal proceedings for carrying out their legitimate work, let alone be severely punished.” However all those speaking out in anguish and rage at the EPRDF’s criminality and repression are subject not simply to ‘pressure’, or ‘criminal proceedings’, but violent arrest, torture and false imprisonment, or indeed death.
Free the innocent
These five innocent men and women, who were mistreated in custody, falsely imprisoned and like others, including the celebrated writer Eskinder Nega (imprisoned for life in September for writing an on-line blog), denied their liberty, must be released immediately and an independent enquiry instigated to investigate their cases, their treatment whilst in jail and their hollow convictions. During their three-month imprisonment at the Maikelawi detention center before the trial and in violation of Ethiopian and international law, the defendants were denied access to legal counsel and family members, and claim they were beaten and tortured. This is the experience of a great many whilst held in Maikelawi, Amnesty reveals in its report, “many of the [114] detainees were forced to sign confessions and to acknowledge ownership or association by signing items of seemingly incriminating evidence.” The Ethiopian courts have not investigated any of these claims, they are it seems nothing more than servants of the Government, and are as HRW states “complicit in this political witch hunt.” This collusion of the courts contravenes the Ethiopian constitution that states in Article 78/1. “An independent judiciary is established by this Constitution. Article 79/1. “Judicial Powers, both at Federal and State levels, are vested in the courts,” furthermore, 3. “Judges shall exercise their functions in full independence and shall be directed solely by the law.” The UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul “deplored the reported failure to ensure the defendants’ right to a fair trial.” Reports the UN News Centre.
The Ethiopian government cannot be believed or trusted; the international bodies supporting the country should impose independent observers of the judicial system. Amnesty International in its report calls “on the representatives of the international community in Addis Ababa to take up the role of monitoring trials.” This would be an important initial act in placing the EPRDF under international scrutiny and accountability. It is time the international community acting through the UN undertook its responsibility and role as advocate for justice, self-determination, “the suppression of acts of aggression” (article 1) and freedom for the people of the world, in accordance with its charter.
A blind eye to torture
In addition to the suppression of free speech, the use of the death penalty and withdrawing the legal right of presumption of innocence, torture is allowed under the Anti Terrorism Proclamation and information gathered whilst under such duress is admissible in court. HRW again, “The draft Proclamation deems confessions admissible without a restriction on the use of statements made under torture”. This is illegal under international law, The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment does not allow the use of any statements made in a court of law, that where elicited under torture. The use of such information is also prohibited under the Ethiopian Constitution. Article 19 states, “Persons arrested shall not be compelled to make confessions or admissions which could be used in evidence against them. Any evidence obtained under coercion shall not be admissible.” The much-trumpeted constitution in colours green red and yellow, no doubt framed and hung neatly upon a wall of indifference and conceit, unenforced; it means little or nothing to the people and even less to the EPRDF who ignore its charter.
Known unknowables
It is an acknowledged fact within the corridors of the UN and Ethiopia’s donor countries that human rights abuses are occurring daily within the country under the increasingly paranoid gaze of Prime Minister Meles and his ministerial menagerie. How do we as a world community, responsible and alert to the needs of our brothers and sisters, respond to such men, to such injustice and tyranny? Fight fire with fire many would advocate and in the face of such cruelty many of us would perhaps gladly fuel a furnace, however as Mahatma Ghandi said “I cannot teach you violence, as I do not myself believe in it. I can teach you not to bow your heads before anyone even at the cost of your life.” To be silent in the sight of injustice and persecution is to allow tyrants like Meles to maintain their stranglehold over the innocent. It is time intense political pressure from those providing and delivering the much-needed financial and developmental aid, was applied to put an end to the current regimes human rights violations and abuse of the people, including freezing of personal assets and targeted sanctions. The British government give £315 million a year to Ethiopia, a spokesperson from The Department for International Development (DFID) told the Guardian (3/02/2012) “The prime minister, the foreign secretary and the secretary of state for international development have all raised concerns with Prime Minister Meles over the recent arrests of opposition leaders and journalists.”5 ‘Concern’ is all well and good, but all too easy for the arrogant to shrug off, outrage and horror a more apt response from Westminster and more in keeping with the offences being committed. Criticism alone however will not bring change within the abysmal regime and justice to the long-suffering people.
Repeal and release
Prime Minister Meles Zenawi presides over a brutal manipulative dictatorship that restricts all freedom of expression, freedom of association and freedom of the media in Ethiopia. Peaceful dissent is met with violence and false imprisonment. Intimidation and fear are the key tools in such repression, this must end and we the international community must ensure it is so. The Anti terrorist Proclamation is an unjust piece of legislation designed and implemented by a corrupt and violent regime who are in breech of international law and there own constitution. It must be repealed immediately, the many innocent good men and women falsely imprisoned released and those supporting Ethiopia through development aid should insist on the implementation of these legitimate and morally right demands. Sit not in silent appeasement, but raise your bowed heads and act.
Notes:
1. http://www.amnestyusa.org/research/reports/ethiopia-dismantling-dissent-intensified-crackdown-on-free-speech-in-ethiopia
2. 1994 United Nations Declaration on Measures to Eliminate International Terrorism annex to UN General Assembly resolution 49/60 ,”Measures to Eliminate International Terrorism”, of December 9, 1994, UN Doc. A/Res/60/49
3. Human Rights Watch Analysis of Ethiopias Draft Anti-Terrorist Law. http://www.hrw.org/news/2009/06/30/analysis-ethiopia-s-draft-anti-terrorism-law
4. http://www.un.org/apps/news/story.asp?NewsID=41112&Cr=journalist&Cr1
5. http://www.guardian.co.uk/global-development/poverty-matters/2012/feb/03/ethiopia-human-rights-questions?INTCMP=SRCH
To: Ethiopian Government
The petition is important. Click here to find out more and sign:
Graham:
I appreciate your balanced and compassionate piece. One big hurdle is the fact that Ethiopian gov has retained for millions of dollars pr agencies in the US and Europe close to legislators and policy shapers. Unless these agencies are confronted as participating in human rights violations and unless some way of networking is devised the struggle will be an uphill battle. Remember also every Eth consulate is there to counter any criticism and also spy on Ethiopians. Spying on residents in Europe and NAmerica is illegal, of course. Another issue is that scholars from Mr. Meles’ ethnic region are busy [at times anonymously] lending credibility to the gov. Further, most Ethiopians participating either do not have the time or the wherewithal or the ability to engage in the debates. Any way, this is a mouthful but I do appreciate what you are doing. God bless.
Dear Graham
Thank you for articulating the appalling crimes being committed by Meles regime in Ethiopia. Most Ethiopians within the country and abroad are hugely bewildered by the silence of the donor countries with regard to what the Ethiopian government is committing to millions of innocent Ethiopians. It is mind boggling why donor countries are supporting a regime that is causing untold suffering to innocent citizens. Yes there is improvement in infrastructure development, education and health sectors, but the extent of corruption, violence and repression is so rife, there is a widespread despair which is causing tens of thousands of young people endangering their life in a bid to flee the country. The donors’ money is abating this suffering and causing enormous damage to millions. It is totally beyond comprehension to millions in Ethiopia why this is allowed to happen. Britain and America and other allies of the regime are contributing to such suffering by being enablers of this corrupt and violent regime. The Ethiopian public is under so much worsened intimidation and fear, the self immolation of three young Ethiopians in the last 3 months, although such actions caused anguish and massive outcry amongst the Ethiopian Diasporas, has been muffled by the violent reaction from Ethiopian police towards those who tried to even discuss it in the country.
Mr. Graham,
Much of what you say is probably true, but the question one ends up asking after reading this is: so what?
First of all, there is nothing new in the article, nothing that neither Ethiopians nor foreign observers didnt know.
Secondly, what is your aim? what alternative are you suggesting? More liberalism? More democracy?
The problem with that, dear Mr. Graham, is that it would open a pandoras box of ethnic and religious strife, and eventually regress back a dictatorship, again. Already last week, we had large groups of salafi muslims demanding that the government take action against the spreading of a sufi sect inside Ethiopia. Or take this eaxmples from the 2005 elections, when members of the opposition were spreading anti Tigrayan xenophobic messages, or the Orthodox christian slogan “one country one religion”, or how the oppositions was at each others throats in the post-election period and eventually labeled Hailu Shawel (the man that was to lead Ethiopia if the oppos. had won) A DICTATOR.
Dear Graham, we symphatize with your western idealistic motives, yet ypu failed to understandthe context. HOW CAN YOU HAVE LIBERAL DEMOCRACY WITHOUT DEMOCRAS? I would like you to ask some of the people you wrote about, who were tortured, about their views on homosexuality. There you would understnd that todays victims will undoubtably become tomorrow’s perpatrators.
Mr. Peebles: Excellent piece. Fact based, unapolegetic and incisive analysis. It is obvious that you have spent a great deal of time researching the issue and writing the piece. Thank you very much.
P.S. Ignore the 50-centers who are paid by the Meles regime to scour the internet and make derogatory comments about unflattering reports and comments on Meles and his regime. After all, they have to eat too– though by selling their souls.
Dave Goldberg,
I had just about enough of your kind. With that I am referring to western journalists, academic, development workers etc. who wrote their disserattion on African affairs, took a 6 month internship somewhere in Africa,went to work in Oxfams london office and then brand themselves as Africa “experts”. The fascinating thing about you lots is that you know the continent better than the Africans themselves. Your kind will speak with authority on famine, conflict, economic growth, climate change on all the 53 countries of the continent. Experts of everything lol
And then there is the moral aspect, you want to take part in deciding the fate of the continent, as if you are stakeholders. Sometimes despite what other Africans (actual stakeholders)might feel. You have codified your own culture and prejudice as universal moral laws. Which consequently make us stupid if we dont agree with you.It seems you belive that no one in their right mind could ever disagree with you?!?
Simply a rather intelectually shallow group of people.
And also you said something about “they have to eat too”, mate, you, Graham, and others like you, have built up fancy careers and get formidable paychecks on AFRICAS MISERY! You are the LORDS OF POVERTY. You would all be unemployed if Africa became peacefull and prosperous.
You called this article well researched, I dare you to point out one original argument, please.
Now to my Ethiopian compatriot (jonas),
First of all, xenophobeia was everywehere. I expereinced it myself. It was on radio and internet, that is no secret. Did the TPLF like that, of course they did. But it was there, thats the point. Various newsppaer articles and opposition statements made public all testify to this.
Regarding strife, yes of course the oppos. have the right to fighteach other and have whatever personality trait they choose. The point I was trying to make was that, they are not particularly more liberal than the government. The opposition themselves labeled Hailu Shawel a dictator, had the ooposition won in 2005 Ethiopia would have changed one dictator for another.
And I also want to point out that Ethiopia was not a prosperous democracy prior to the TPLF, it was a poor nepotistic autocracy, and the autocracy and illiberal attitudes are still present amongst the diaspora, all our political elites, and the avarage joe (or abebe). Ask any Ethiopian what he thinks about homosexuality, the use of force, tolerance,ethnic and religious equality, invading Somalia etc. and you would find unpleasant answers. Hence, getting rid dictatorship in Ethiopia requires more than getting rid of the TPLF.
Regarding your coment: “Which, if there is any, recorded human history witnessed when real democracy caused strife, division and instability?”
There is plenty of evidence, mate. Read Columbia professors Mansfield and Snyders “Electing to fight: Why democracies go to war”. Its a large-N statistical study that shows that democratic transitions before strong institutions are present in most cases end up in inter or intra state conflict (often with an ethnic element).
But then again, a simplistic black and white picture, which ignores many unconveneient facts, and with a bad guy (we can all hate) versus the good people, is much more romantic and appealing than everything that I just said.
Unpopular Dude:
It is good you recognize you are unpopular. The current rulers in Ethiopia are very unpopular and as are their agents.
It is also interesting you chastise Goldberg and Peebles for not providing “original” argument and yet you miserably failed to provide one yourself. I hope you are not arguing only Africans [Ethiopians] know what is best for Africa [Ethiopians]. That is silly really if, as you seem to suggest, you hail from academia. Why then is the Ethiopian gov receiving so much aid if it is wrong for donors to have a say in how the aid is disbursed? In fact, that is exactly what is happening; you agree to a plan before receiving funding. We do realize Ethiopian rulers have been pocketing the money and using it for political ends since the mid-1980s! FYI that is what Peebles is saying in this and similar articles.
Below is a quote from your comment that is now becoming a standard gov cover for not wanting to be censured for massive abuses. It used to be Mengistu was the scapegoat until 2005 and now Salafis? And that plays well into fears of donor nations and serves the satanic purpose of illegally putting challengers in jail. If you happen to be one of those who believe and on a mission to convince the world Ethiopia is not a police state, then you need your head checked. Could there be any worse dictatorship than to have a ban on opposition, free press, and ethnic nepotism? Think again and may be, just may be, a light could shine on that dark corner.
“The problem with that, dear Mr. Graham, is that it would open a pandoras box of ethnic and religious strife, and eventually regress back a dictatorship, again. Already last week, we had large groups of salafi muslims demanding that the government take action against the spreading of a sufi sect inside Ethiopia.”
As for “opening the pandoras box” that was exactly what people like you said before the fall of Haileselassie’s and Mengistu’s governments. You seem to be incapable of learning from history!!
Thankyou Mr Graham. You tried to explain how much the leading Ethiopian government tortured free Ethiopian citizens but explaining by itself is not enough all Ethiopians need a help from a journalists like you. Please lets stand together to remove this kind of human right violation from our world.
Berhe H,
Thank you for your coment, it is the most reasonable so far.
Im not saying that Africans alone should coment on African affairs. What I have a problem with is, when a foreigner (in this case Dave Goldberg) who is not a stakeholder in this country’s destiny, and in the worst case scenario if something like anarchy, ethnic or religious strife were to take place, can sit back in his comfortable london office and analyse the situation, when I and other Ethiopians have to pay the price.
When someone like that dismisses (in a rather rude way) my coment on things that actually concern me, I naturally think who the hell do these people think they are? From personal expereince, many develop this attitude (an expert on everything african) only after an MSc and a 6 month internship, so my message to them is really: chill the %&(&% out, Ethiopia is complicated country, it takes time to develop in-depth knowledge, those (older generation) foreign observers like, Christopher Clapham or Donald Levine, who studied Ethiopia, living in Ethiopia for decades, do not display the arrogance these youngsters are displaying, they articulate themsleves with modration (a sign of wisdom).
I also think that you misunderstood me. Ethiopia is very much a police state, there is imense repression. This is old news, the question is, what should be done?
Regarding the pandoras box and Haile Selassie regime. In that case the pandoras box brought us the Red Terror, and cost us a generation of educated Ethiopians. After the Derg pandoras box was a bit better, but still it brought us 100 000 dead fronm the war with Eritrea and as you claim yourself a repressive autocracy. So if we areto learn from history, mate, then we learn that getting rid of individuals and political parties does not equal getting rid of autocratic practice!!
So the statistical data, Ethiopian history and other case studies teach us that, A TRANSITION TO DEMOCRACY (OR REGIME CHANGE) WITHOUT STRONG INSTITUTIONS AND POLITICAL CULTURE WILL LEAD TO MORE VIOLENCE and one certainly does not become a liberal democracy like Denmark.
And if we had a strong united proncipled opposition, then this all would have made sense, we get rid of EPRDF, and install the good opposition. But as the situation is today…
Arguments for not opening the pandora’s box have always been forwarded to frustrate change; the possibility that people get killed in the process hardly registered high. Incumbents and their supporters always resort to such disinformation tactics. After all, despots kill by the thousands [as you indicated] and could not remain in power without killing or jailing or exiling citizens. The reality is this: any change to a tyrannical rule could get some killed.
Berhe, you are perfectly right that despots kill to remain in power, and you are also right in that any change to a tyranical rule could some killed. Fair enough that change requires sacrifice, and that it could include any of us. The problem is however that people automatically asume that a transition from autocracy is a transition to liberal democracy (that one miraculously becomes something like Denmark). That is not the case! Ethiopia had two revolutions none resulted in liberal democracy or prosperity. Again the statistical litarature also illuastrate that is often not the case on a global scale. So the question is, if the EPRDF would go today, what sort of people would take over? Would they be able to hold the country together? (i.e. handle conflict between the Ethiopianists vs. secessionists; salafis vs. sufis; orthodox vs. protestant; amhara vs. tigray vs. oromo vs. southerners vs…) Will they be liberal? (how will they deal dissent and different oppinions?) Will there be corruption?
Based on the previous and current bwehaviour of the opposition (and also our political culture), I suspect the answers to these questions are unfortunatwely negative. Thats why, I and many other Ethiopians are (after 2005) thinking what the hell is the point of revoluationary behavior and thinking? Why fight and die to change one group of bastards for another? And in the process sacrifice x amount of people…
unpopular dude:
I agree with your statements. And please don’t start me with the opposition!
Dear Mr un popular dude,
I see lots of confusion within you Mr. You got to get facts straight. There has never been any private or independent radio transmission in Ethiopia. All Ethiopia had and has now is the TPLF mouthpiece. And not anyone of the independent newspapers ever advocated strife between ethnicities or propagated xenophobic statements against Tigryans. None of the opposition parties or figures with in them ever did this too.. by the way that was why many local and international organizations and the public as a whole considered and referred all journalists and opposition politicians as Prisoners of Conscience. What you and the TPLF dictators allege is just absurd. Or, are you referring to the factual reports of VOA & DW Radio? Funny.
Get courage and Call a spade a spade.. don’t try to cover up serious failures of the TPLF regime by bringing unrelated issues and blaming the blameless people ..it only makes you look delusional. What on our good earth has the Ethiopian people’s attitude towards homosexuality got to do with the unlawful imprisonment, intimidation, and torture being perpetuated by the tyrannical TPLF regime on innocent people that they deem are security threats only because they exercised their God given rights which are within the domain of rules tyrants themselves set? Come up with your conclusive evidence if you got any to counter what Mr Graham reported. After all, that is the issue in discussion here. On unrelated thing: The attitude/opinion of massive population of Ethiopia on homosexuality is no different from the people in most established democracies in the West or East.
in ethiopia,the easiest thing is getting into gail..if you violate a visa low for instance this means imprisonment with the thieves and the killers!!!