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ETHIOPIAN HUMAN RIGHTS COUNCIL
(EHRCO)
P.O. BOX 2432, ADDIS ABABA, ETHIOPIA
TEL. 251-1-514539 OR 514489, FAX. 251-1-
514539
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THE HUMAN RIGHTS SITUATION IN ETHIOPIA
SEVENTH REPORT – August 26, 1994.
1. INTRODUCTION
In Ethiopia today it is a moral imperative to think of peace, to
work for peace and to act in peace. The
complacency of those in power and the despondency of their rivals
for power is nearing a level of brutal
confrontation. The rigid, self-righteous and uncompromising
position of those in power and their apparent
determination to hold the monopoly of power by any means is
matched by the thwarted peace efforts and
frustrated ambitions of the opposition parties.
It is often heard from Government officials that all is well in Ethiopia
and that there is, consequently no need
for reconciliation and peace. (It is well to remember that this was the
position of the previous regime until a
few years before its collapse.) But the facts as they stand at present
do not bear out such bold
pronouncements. There is no doubt that some of the private
newspapers blow rumors out of proportion and
exaggerate conflicts. It is not possible, however, to discount them
totally. Even if one discounts the
prevailing view of armed conflicts in various parts of the country,
the extremely tight security in Addis
Ababa, especially when the high officials are traveling, is an
obvious indication that all is not well. The
recent abduction and eventual release of an expatriate employee of
CARE by an armed group is another
evidence for the growing concern for peace in Ethiopia. The war
cries are in the air. It is essential to
recognize that fact in order to combat it.
EHRCO feels the time is now to reverse the derailed democratic
process and to put it back on course. The
prevalent inclination of taking persons who have different views
from those in power as well as their
political opponents as enemies betrays a lack of understanding of
political combat and a propensity to turn
political combat into armed struggle. Such lack of confidence and
of paranoia are obviously harmful to the
effort for institutionalizing the democratic culture in the country. It
is important, therefore, to make a
determined effort to alter radically such attitudes if democracy and
democratic culture are to take root and
flourish in Ethiopia. It goes without saying that internecine blood-
letting must be avoided and that all
concerned should take the responsibility to extricate the nation
from the senseless quagmire and vicious
circle of dictatorial misrule, on one hand, and armed struggle, on the
other, that has been the lot of the
people during the past several decades. In order to do so, the
government and opposition groups must be
willing to come to terms with one another and should, through a
series of negotiations, arrive at a
consensus regarding the basic rules and conditions of the game.
That is the only way for the establishment
of peace and durable system of democratic governance, since
sustainable peace and development can only
be attained in a democratic atmosphere in which basic human rights
are respected.
EHRCO stands opposed to any policy of hatred, especially that of
ethnic and religious type. Hatred of any
kind cannot be the foundation for any social good and for any
social reconstruction. Hatred is a poison that
consumes its own fortress before it reaches its target. It is an
emotion that paralyses both the mind and
spirit of human beings. Those who deny that hatred is becoming a
dominant emotion in Ethiopian social life
today are burying their head in the sand and waiting to be shocked
to the ugly reality into which it is leading
the society. The traditional Ethiopian sense of decency is being
eroded fast by unhealthy ethnic feelings. It
is apparent that ethnic alliance and rivalry have become facile
substitutes for the deficiency of political
ideas. EHRCO urges all leaders in all spheres of Ethiopian life to
fight against hatred and bigotry. The media
have a special responsibility in this regard.
EHRCO is committed to a democratic process, to the peace effort
and to peaceful struggle. This means that
EHRCO is opposed both to the determination of those in power to
maintain their position by force and to
the tendencies of the opposition to engage in armed struggle. Only
the Ethiopian people, not guns, should
be the source of political power. The Ethiopian people deserve
peace to put their house in order and to
overcome the scourge of periodic famines and the resulting
dehumanization and continued dependence on
international food assistance. Continuous appeal to international
donors for relief assistance has
characterized three successive and outwardly different
authoritarian regimes.
Everyone has the right to life; obviously, human beings need food,
clothing and shelter in order to live.
Today there are over 6.7 million people in Ethiopia whose very right
to life is seriously threatened and
affected by the famine and may thus perish unless help in the form
of food, medication, clothing and shelter
is forthcoming without delay. First and foremost, it is the duty of a
responsible government to make certain
that the rights of its citizens are protected. In this regard the
Transitional Government of Ethiopia (TGA) is
expected to take all appropriate measures to save the lives of its
citizens from the impending catastrophe
which, if not attended to urgently and with total effectiveness, will
result in the loss of a vast number of
human lives.
EHRCO would like to make and appeal to the Ethiopian people, the
international community, religious and
humanitarian organizations, political groups and trade unions to
actively seek ways and means and join
hands with the Transitional Government to avert the threatening
famine. While relief assistance must go on
to save the lives of those in danger, it must also be recognized that
fundamental solutions are required for
resolving the nagging problem of food shortage in the country for
almost three decades now.
It is the moral duty and responsibility of the TGE to facilitate efforts
and to assist actively such groups in
their humanitarian endeavors to reach the starving victims of the
famine. Regulations and directives with
regard to the distribution of aid to the starving victims of the famine
must be designed with victims in mind,
and most of all should be free from political considerations.
In a situation where the question of peace and stability has
received primary and vital importance more than
ever before, and the danger of famine looms over each citizen in
every part of the country, the dismissal of
employees from their jobs and the consequent exposure of their
families to starvation in the name of
restructuring the economy will surely and clearly aggravate their
already delicate and fragile situation.
Dismissal actions taken against the employees of the Ethiopian Air
Lines, workers of Mito Agricultural
Enterprise and various government ministries and organizations are
some of the recent cases in point.
2. THE RULE OF LAW
The Ethiopian people have been struggling for a change from a rule
of persons to a rule of law. It is
unfortunate that even with the daily public rhetoric on the rule of
law, the practice still remains frightening
and shameful. The law must serve all impartially and must not be
used only as a political instrument for
those in power. We are forced to raise this issue of the rule of law
because three years after its
establishment, the Ethiopian Human Rights Council remains an
unregistered Non-Governmental
Organization. EHRCO is not alone in this institutionalized
discrimination; there are many other NGOs that
have been refused registration. There is no legal basis for such a
denial of recognition. The Charter, the
Universal Declaration of Human Rights which the Charter accepts
without any limitation, and the Ethiopian
Civil Code provide ample legal basis for the right to establish
organizations and for acquiring legal
recognition .
While EHRCO welcomes and appreciates the EPRDF’s declared
intentions to conduct the affairs of
government in accordance with national and international laws, it is
the practice that consistently seems to
send the wrong signal. In practice the existing national and
international instruments are not used however,
without discrimination. Registration and providing legal recognition
to organizations has become a political
instrument to bring all in line with the policies of EPRDF. Those
who have different views are denied their
right to legal recognition. This is a very clear and obvious attempt
to disadvantage those that are not
perceived to be in line with the policies and practices of EPRDF.
Again it is important to remember that this
was the practice under the previous regime. Very often the
unofficial excuse given is some motive, often of
a political nature, that EPRDF ascribes to these organizations,
including EHRCO.
All human rights issues that EHRCO raises have some political
implications. Moreover, one of its
fundamental objectives is to promote the democratic process and to
monitor aberrations from the stated
goal. In the formal sense, therefore, EHRCO deal with some political
issues. it is, however, important to
distinguish between dealing with political issues and being
involved in political struggle which is a struggle
for power. More than that EHRCO has never entered into
substantive politics and compared political or
economic programs of different parties and expressed any
preference for any. That would be partisan
politics. EHRCO deals only with the process and the procedures,
that is, with the rules of the game that will
transform the society into a civil society. In a nutshell, EHRCO is
committed to the empowerment of the
Ethiopian People , to free and open competition between all political
parties, to free and fair elections, to a
free, independent judicial system, including the law enforcement
agencies such as the police, operating
not
under a party but under the law, to free and unhindered expression
of ideas in speech or through writing and
to a public media that is independent of any political party and
ready and willing to serve all parties and
organizations with fairness and equality. These are all political
issues with which EHRCO deals, but without
taking sides.
Nevertheless, EHRCO is outside political combat. It has no political
view other than advocating the
democratic process as briefly described above. It has no Marxist
view, nor a Capitalist view. It has no
monarchical view, nor a republican view. EHRCO does not have
any ethnic or religious view other than
insisting that all must be treated equally. Moreover, EHRCO’s
membership is international and, therefore,
cannot engage in the struggle for power.
The rule of law serves to regulate the conduct of all, ordinary
citizens and public officials as well as
institutions and organizations. The rule of law is also the
foundation for legitimate expectations and for
relying on one another in view of the law. When public officials,
out of their paranoia, ascribe motives and
deny a legal right, the whole foundation of the rule of law crumbles
and it is difficult to rely on the law and to
expect anything. Public officials have no right to ascribe any motive
to any organization, other than what is
stated in the statutes of that organization. They are, however, free
to act in accordance with the law if and
when that organization goes beyond its stated objectives. But to
preempt the legal right of anyone or any
organization on the basis of some assumed motive is both illegal
and wrong. That issue should be left for
the courts to decide, since it is not an issue of fact but an issue of
law.
There is another point that needs clarification. Individual members
of EHRCO, wherever they are, are free to
engage in substantive politics and even engage in political combat
if they so desire. That is their right. But
no member of EHRCO must advocate armed struggle or join an
organization that advocates armed struggle.
In fact members of EHRCO may be members of different and
competing political parties. The individual
political convictions and actions of the member must be
distinguished from the Council’s collective
convictions and actions. It is this simple point that escapes many
public officials and some Western
Embassies who have fallen prey to the propaganda barrage of
EPRDF. Ato Meles, occupying the Chair in
the Council of Representatives, often advocates EPRDF’s
positions. If one understands and accepts such
irregular and wrong action, it is difficult to see the problem of
distinguishing between the views of individual
EHRCO members at different form from that of EHRCO. The
members of EHRCO do not lose their political
and other rights automatically as they join it. Nor is it desirable that
they do so. No member of EHRCO
however, may express any partisan inclinations in the name of
EHRCO. Moreover, it is important to bear in
mind that no member of the Executive Committee belongs to any
political organization. EHRCO is totally
independent from any influence of political parties or their political
and economic programs.
The mere fact that EHRCO’s reports often deal with EPRDF should
not be misconstrued as a bias against
EPRDF . This is simply because that group is now in power. What
EHRCO calls violations of human rights
are those committed by government agencies and security forces.
Under similar circumstances EHRCO will
certainly report in exactly the same way if another group comes to
power. That is a promise.
EHRCO has also been accused of being an ethnic organization by
those in power. Nothing could be further
from the truth. EHRCO’s membership application forms do not
include any question on ethnic identity. The
members of EHRCO not only come from the length and breadth of
the country, they are also non-Ethiopians.
It is a human organization, not an ethnic one. The only persons that
are excluded from membership are those
who belong to organizations that have armed wings. EHRCO does
not only not believe in violence, it
condemns violence as a means of both maintaining political power
by force and as a means of acquiring
political power by force. That is the truth.
Another accusation against EHRCO is that its membership is made
up of WPE (the Derg’s Workers Party of
Ethiopia) members. EHRCO’s accusers know that there is not a
single WPE member in EHRCO. We may very
soon consider the question of accepting former WPE members. For
the moment and until some strictly legal
issues are resolved and because WPE was a party that had a
military wing, EHRCO does not accept former
WPE members. That is the truth.
So far the tenacious propaganda against EHRCO has been an
almost total failure. Actions speak louder than
words. But the continued denial of EHRCO’s legal right to
registration as an NGO has reached a point where
recourse to the court may be necessary.
In this connection one final point that should be mentioned is that
systematic attempts are also being made
to victimize members of EHRCO in very different ways. We are
following developments very carefully
without being paranoid. Moreover, it is now over one year since
the Chairman of the Ethiopian Human
Rights Council was asked to post bail of birr 20,000. So far he has
not been charged for any offense and
continues on bail. This is against the law.
3. FREEDOM OF EXPRESSION
3.1. In its Sixth Report EHRCO had indicated the real
threat for the freedom of the
press, the harassment and detention of journalists. This systematic
attempt to stifle the freedom of the press
manifests itself in two ways; first, the harassment and detention of
journalists, editors and publishers; and
secondly, the effective prevention of the distribution of the
newspapers and magazines.
The following Table may provide some basic facts on the
magnitude and intensity of harassment of
journalists.
Journalists under detention, without charge 2
Journalists sentenced to 6 to 24 months in prison 7
Journalists fined from Birr 500 to 20,000 13
Journalists released on bail 21
Journalists whose cases on appeal at Supreme Court 5
Journalists on suspended jail sentence of 12 to 18 months 6
Journalists acquitted by court 9
Journalists still on litigation 10
The total fine amounts to Birr 120,500.
As a result of the financial burden incurred from the
harassment of journalists and newspaper vendors
and of the heavy fines they paid many newspapers and magazines
have suspended their operations. As of
the first week of August, 1994 fifty-four monthlies and twenty-three
weeklies had stopped their
operations.
The strict control of the distribution of the private papers and
magazines has effectively blocked them out of
the regions outside Addis Ababa. The attempt to isolate Addis
Ababa, or rather to insulate the regions from
its influence is a pattern that one observes in the distribution of
newspapers, in the problems of teachers
and the Ethiopian Teachers Association, the political parties and
ethnic organizations.
3.2 It is a sad fact today that most of the prominent and
popular singers of Ethiopia are not in the
country. The practice of banning, or as commonly described, of
detaining what officials considered
offensive songs continued through the Derg period and is still the
practice today. In Ethiopia, as elsewhere,
songs may be expressions of popular feelings. Those who hold the
monopoly of the media, especially
television and radio, make a great effort to exclude songs that do
not serve their propaganda.
In addition there are plays that have not been allowed to be
performed in government owned theaters. This,
too, is not different from the Derg period when it was the official
policy that art ought to be the instrument of
ideology.
There is no better evidence for the stifling of free expression of
ideas than what is happening to the creative
arts in Ethiopia today. Not only are the creative arts denied access
to public facilities, but these same public
facilities function as private enterprises of the party in power.
4. OTHER HUMAN RIGHTS VIOLATIONS
The human rights conditions in Ethiopia since the Sixth Report
do not indicate favorable and positive
improvements in the areas of the rule of law, democratic process
and respect for human rights. The Seventh
Report covers complaints received by EHRCO from 10 December
1993 to 7 June 1994. Numerous additional
complaints have since been received, but these have not been
included in the present report due to the fact
that investigations into the cases have not yet been finalized.
Furthermore, EHRCO would like to state that the names of the
victims of extrajudicial killings as well as of
those who have disappeared were submitted to the Ministry of
Interior and the Attorney General’s office of
the central government. The latter, in its letter of 3 may 1994, has
responded by stating that it has not come
across such cases, while no response has so far been received from
the Ministry of Internal Affairs.
4.1 EXTRAJUDICIAL KILLINGS
The human rights report of the US Department of State for the
year 1993 has the following: ” There
were no reports of officially sanctioned political or other
extrajudicial killings by TGE security forces or by
opposition during 1993.” It is difficult to imagine that the
Department of state of The United States
Government lacks the necessary expertise to grasp the accepted
definition of extrajudicial killing or
execution. It may be a case, as the Ethiopian proverb has it, of one
who is feigning to sleep cannot be
awakened.
What does there “were no reports” mean? From whom did the US
State Department expect such reports,
from the police or the militia ? The Ethiopian Human Rights Council
has reported the names of human beings
who were executed outside the law by security forces together with
the places and the dates. The State
Department, through its Embassy in Addis Ababa, could have
attempted to verify EHRCO’s reports of
extrajudicial killings. Even if government officials denied or
condemned such extrajudicial killings privately, it
still does not change the fact that there were extrajudicial
killings.
A Law Dictionary defines extrajudicial as ” that which is done
outside of a court’s jurisdiction; not founded
upon or dependent upon the authority of a court.” The UN special
Rapporteur on summary or arbitrary
executions gives the following definitions:
A. Summary execution can be defined as the deprivation of life
after some sort of legal proceedings which
falls short of international minimum procedural or substantive
standards.
B. Arbitrary execution is the deprivation of life as a result of the
killings of persons carried out by the order
of a government or with its complicity or tolerance or acquiescence
without any judicial or legal process.
C. Extra legal execution refers to killings committed outside judicial
or legal process, and at the same time,
illegal under relevant national and international laws. Accordingly,
in certain circumstances, arbitrary
executions as defined above can be extra legal executions.
What is “officially sanctioned extrajudicial killing” ? If it means
summary executions as defined above, this
did not happen. If officially sanctioned means that the Transitional
government is, like its predecessor,
brutal frankly, that is not true, either. If it means that the
Transitional Government officially disassociated
itself from extrajudicial killings by taking legal actions against all
members of security forces who were
responsible for violating the right to life; that, too, did not happen
so far. EHRCO believes that the State
Department does not have a different standard for Ethiopian life nor
a different standard of the right to life.
The so-called human rights report of the US Department of State on
Ethiopia, therefore, is a gross
misrepresentation of the facts that violates the right of the
American people to correct information. Such
obvious attempts to cover-up gross human rights violations will
encourage more violations, and that is a
grave responsibility for the US State Department.
The Ethiopian Human Rights Council follows the generally
accepted definition of extrajudicial killing in the
cases it reports.
The following persons were killed, allegedly by members of EPRDF
forces.
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No. Name of Deceased Date Killed Place
Killed
===============================================
=========================
4.1.01 Jeldessa Golisa 27/4/93
YabelloW.AdelchechoQ.**8P/A
4.1.02 Ghababo Rari > > > >
4.1.03 Bule Halake > > > > >
>
4.1.04 Adefris Yadmity 09/11/93 Jihur – Korekor Q.
4.1.05 Alemayehu Tekle 15/9 93 A/A W. 11 Q. 16
4.1.06 Zelealem Aynadis 03/10/93 Harer W. 2 Q. 14
4.1.07 Teferra Qagnew 16/10/93 Shewa Robit 02 Q.
4.1.08 Fantu Jarra 25/10/93 Welayita Soddo- Q. 05
4.1.09 Qittata Qoricha 07/11/93 Woliso – Dilala Ketema
4.1.10 Hunde Bedada > > > > > >
> >
4.1.11 Hasen Kelil 13/11/93 Jimma W. 3 Q. 01
4.1.12 Belayneh Taddese 21/12/93 Guraghe Zone-Ado Tadele
P/A
4.1.13 Birhanu G/Mariam 04/1/94 Attaye 01 Q.
4.1.14 Qitaw W/Tsadiq 08/2/94 Efratana Jile – Shewa Robit
4.1.15 Yonas Yirga 12/2/94 Dese 1st Police Station
4.1.16 Mamo Ashine 17/2/94 Mafud
4.1.17 Zenabu Lechemo 10/3/94 Hosaena – Police Station
4.1.18 Ahmed Omera 18/4/94 Mafud – Kure Beret P/A
4.1.19 Siraj Mohammed(Shiek)a > > > > >
> > >
4.1.20 Mohammed Siraja 18/4/94 > > > > >
>
4.1.21 Yitaghesu Wubisheta 19/4/94 Qewet – Simet Qebele
P/A
4.1.22 HailuYirdawa > > > > > >
> >
4.1.23 Tesfaye melakea 03/5/94 Qewet – Guwacha
4.1.24 Ashennafi Tilaye 05/05/94 Qellem – Qaqe Ketema
4.1.25 Zennebe Ayelea 12/5/94 Mezezo – Mar – Marefia
4.1.26 Mammuye H/Mesqela 13/5/94 Mafud –
Meqagno
4.1.27 Zebene Yitna(LT.) 16/5/94 Menz – Molale
Town
4.1.28 Mindaye H/Sillasea 23/5/94 Dire Dawa
Woreda 1 Q02
4.1.29 Samuel Asfaw*** –
4.1.30 Tammire Kebbede 27/5/94 Menz – Molale Town
4.1.31 Meseret Astatq(cap.)e 03/5/94 Gonder -W. 2Q. 09/136
4.1.32 Ayelech Cherinnet(w/t) 06/6/94 A.A.- W.15. Q. 33/520
4.1.33 Ashenanfi Beqele(LT.)a 07/6/94 D/Birhan -Chole Peasant
Association.
Note: It may be important to note that nearly one-half of those
killed are from northern Shewa: Yifat and
Menz in particular. Those names marked with a were killed
allegedly by EPRDF forces because they were
believed to be members or supporters of AAPO (the All Amhara
People’s Organization).
No.4.1.28. Ato Mindaye H/Sillase was Deputy Chairman of Dire
Dawa AAPO branch. The whereabouts of
the Chairman, Ato Melaku Yirdaw since he was taken by security
forces on September 8, 1992 is still not
known. He is listed under, forced disappearance,
No 4.3.06 Captain Mesret Astatque was a member of EDU
(Ethiopian Democratic Union.)
a. Persons indicated under nos.4.1.01. – 4.1.04 were killed after being
taken out of prisons.
b. Persons indicated under nos. 4.1.15 and 4.1.17 died in prisons
due to torture inflicted upon them.
c. The person indicated under no. 4.1.28 was killed by security
forces after having been taken out of his
house.
* Wereda
** Qebele
***Ato Samuel Asfaw, who lived in exile in the United States for
many years and returned only about two
years before his death, was apprehended by security forces on 7
may 1994 at about 7:45 p.m. as he was
walking to his house (Wereda 20 Qebele 40 House No. 621).
According to eye witness accounts Ato
Samuel was beaten and was taken away a vehicle with plate no 2 –
09151. Two out of the four persons who
apprehended him were in police uniforms. On 29 May 1994 at about
9:00 p.m. a person from Qebele 40 told
the owners of the house in which Ato Samuel lived that Ato
Samuel had passed away and that his corpse
can be found in Paulos Hospital and that this information be
passed to his relatives so as to enable them
take his corpse. As he did not have any known relatives in the
qebele his corpse was handed over to the
municipality, which carried out the burial.
xNo. 4.1.32 is a woman
4.2. COMPLAINT SUBMITTED BY I.F.L.O
The Islamic Front for the Liberation of Oromo (IFLO) in its
letter dated 19/2/94 has complained that the
E.P.R.D.F forces have killed 35 civilians from 9/1/94 to 29/1/94.
EHRCO has submitted the list of names of
the alleged victims of murder to the Ministry of Internal Affairs and
the Office of the Attorney General.
4.3. AAPO’s (ALL AMHARA PEOPLE’S ORGANIZATION)
HARASSMENT
A) As indicated under 4.1. several officials, members and
sympathizers of AAPO have been
extrajudicially executed.
B) Professor Asrat was sentenced to two years of imprisonment
and isn ow in jail. With him five others
have received jail sentences in connection with AAPO.
C) After the verdict was handed down the office of AAPO and the
residence of Professor Asrat were
searched. Had this happened before the verdict it would have
raised less suspicion than it has done now.
Obviously, the harassment and intimidation of members of
opposition political parties and the free press is
still continuing. It is important to note, however, that while theparty
in power can have members of the
opposition on verbalthreats of conflict, the extrajudicial killings
committed by its own security forces is
considered still outside the law.
4.4. INVOLUNTARY DISAPPEARANCES
In its previous six reports, EHRCO has registered the names of
74 persons under involuntary
disappearances. Out ofthis total forty persons have been released
from detention,for ten others their places
of detention have been revealed totheir families. The remaining
individuals still continue underinvoluntary
disappearance.
The names of the individuals whose whereabouts is still unknown
are the following:
=================================================
No Name Date Place
===============================================
==
4.4.01 Teacher Dereje Qeneni 19/02/92 Ghimbi from his
home
4.4.02 Lt. Mulugheta Birhanu 12/04/92 A.A – W.23 Q.16/100
4.4.03 Col. Befeqadu Disasa 21/04/92 > > 10 > >
02/275
4.4.04 Wz. Sara Mekonnin 19/06/92 > 1 > > 08
4.4.05 Ato Retta Mosissa 19/07/92 > > > >
5 > > 5
4.4.06 Ato Melaku Yirdaw 08/09/92 Dire Dawa
4.4.07 Lt. Yibeltal Atnafu 03/01/93 A.Abeba
4.4.08 Maj. K/Mariam Bekure 30/03/93 > W. 20
Q.51
4.4.09 Maj. Bisrat Filfilu 31/03/93 > > >
>
28
4.4.10 Ato Taddese W/Aregay 07/02/93 Merhabete –
Laybet
4.4.11 Col. Mekonnin W/Hawariyat27/04/93 Nazret – W. 3 Q.
13
4.4.12 Ato Efrem fantaye 29/04/93 A.A.
4.4.13 Ato Waquma Seboqa 06/05/93 > > – W. 5
4.4.14 Co.Lt Ghirma Asfaw 16/09/93 > > 4
4.4.15 Teacher Ghetinnet Asnaq 18/09/93 > > > >
16
4.4.16 Ashennafi Menghistu 19/09/93 > > > >
14
4.4.17 Corp. Enanu Koru 31/10/93 > > > > 24 Q.16
4.4.18 Pvt. Abebe Ghirma 1/10/93 > > > > > >
Furthermore, EHRCO has received new complaints that the
whereabouts of the following persons, who were
apprehended by security forces, are not known.
===================================================
==============
No. Name Date Place
===============================================
===================
4.4.19 Maj. Worqu Gudaye 04/09/92 A/A Wereda 20
Q.42
4.4.20 Maj. Hailu Fufa > > > > > >
4.4.21 Ato Abbebe Aynekullu 03/12/93 > >
AroundAmanuel church
4.4.22 Ato Abayneh Shiferaw 16/04/94 > > Woreda 10
Qebele 04
4.4.23 Ato Ayalew Abate 22/04/94 18 06
4.4.24 Ghetachew Werqineh 29/04/94 13 05
4.4.25 Ghetachew Abebe 30/04/94 17 20
4.4.26 Birhanu Semu 24/05/94 2 17
4.4.27 Dereje Deme 24/05/94 19 56
4.4.28 Aklilu Ayele 25/05/94 15 26
4.4.29 Mitiku Wedajo 30/05/94 8 06
4.4.30 Adane Argaw 01/06/94 14 07
4.5. DEFIANCE OF COURT ORDERS
There is no real judicial process where the courts serveonly
the interests of those in power and are
otherwise ignored. Disregarding or ignoringcourt orders is
tantamount to a declaration of the negation of
the rule oflaw. In the following cases, although the courts have
passeddecisions for the release of the
persons listed, the executivebranch has repeatedly defied the
orders of the courts bypresenting all kinds of
excuses. If the persons are to becharged for other fresh offenses
then charges must be broughtagainst them
in accordance with the criminal procedure code. Out of some
eleven such cases, acquitted by the courtsbut
still detained, three have been released, six convicted and the
following two remain in jail.
4.5.01 Col. Mekuria Aberra – Holeta Prison – under detention
4.5.02 Ato Aberra Yemane Ab* – A.A – > >
* Ato Aberra Yemane Ab resides with his family in Washington,
D.C. and came to Addis Abeba from the
United States for the Conference of Peace and Reconciliation held
in December of 1993. He was one of
several detained at the Airport. In spite of court order to release him
he still remains in jail.
4.6. ILLEGAL DETENTION
Principle 32 of the United Nations Body of Principles forthe
Protection of All Persons Under Any Form
of Detention orImprisonment (UN General Assembly Resolution
43/173 of 9 December 1988, adopted
without a vote) states the following:
A detained person or his counsel shall be entitled at any time to
take proceedings according to domestic
law before a judicial or other authority to challenge the lawfulness
of his detention in order to obtain his
release without delay, if it is unlawful.This Principle cannot be
applied in Ethiopia today and it is one of the
problems of the rule of law. It is now over a year since habeas
corpus has been suspended and thousands
of prisoners languish in jail in various parts of the country.Some of
them have been in jail for over three
years now. Prosecution of these prisoners has been postponed
severaltimes. The last three public
announcement have been forFebruary 1994, then for June of 1994,
and the most recentannouncement is for
September, 1994. Meanwhile the detention of new ones without
any dueprocess continues. EHRCO has
received complaints that a numberof detainees who are incarcerated
in various prisons,detention centres
and police stations are languishing withoutbeing formally charged.
The Present list does not includethose in
the previous reports.
EHRCO has the names of these prisoners.
============================================
No. Name of Prison No of Prisoners
============================================
4.6.01 Gonder Prison 62
4.6.02 Qalliti 52
4.6.03 Hurso Military Camp 50
4.6.04 Goro wereda Police Station (Guraghe Zone) 32
4.6.05 Debre Zeit Police Station 19
4.6.06 Central Investigation Organ18
4.6.07 Welayita Soddo Prison 16
4.6.08 A/A – Wereda 18 (Police Station 15
4.6.09 Aseko, Arba Gugu Police Staion 11
4.6.10 A/A Prison 11
4.6.11 Asella Prison 10
4.6.12 A/A Wereda 17 Police Station 9
4.6.13 Dire Dawa Prison 8
4.6.14 A/A – 2nd Police Station 7
4.6.15 Sheno Police Station 7
4.6.16 A/A – Wereda 19 Police Station 6
4.6.17 Shewa Robit Prison 6
4.6.18 Air Force Headquarters – (D/Zeit) 6
4.6.19 Neghele – Walelign Army Division Camp.3
4.6.20 Sidama Zone Prison 3
4.6.21 Harer Police H.Q. 3
4.6.22 Shire “Bado Sidist” Prison 2
4.6.23 A/A 1st Police Station 2
4.6.24 Aqaqi Police Station 1
4.6.25 Navy Headquarters 1
4.6.26 Ghideo Police Dept. 1
4.6.27 Bahir Dar Prison 1
4.6.28 Emergency Security Force 1
4.6.29 Awasa Wereda Police Station 1
4.6.30 Maychew Prison 1
4.6.31 Holeta Prison 1
4.6.32 Masha Police Station (Shekicho) 1
Total 364
4.7. PERSONS DISMISSED FROM THEIR JOBS
The following persons have filed complaints that they were
dismissed from their jobs without due
process and in contravention of the laws governing such
dismissals.
===============================================
No. Name Place of
Work
===============================================
4.7.01 Ato Ayalew Halefom Mekele – ERA
4.7.02 Cpl. Afewrk Demisse Arsi – Prison
4.7.03 Ato Demisse Kidane Region 14
Prosecutor’sOffice
4.7.04 Sirak Teshome 3
4.7.05 Dr. Demeqw Lemma Coffee
plantationDevelopment Corp.
4.7.06 G/Mariam Shekur Tea Development &
Marketing Enterprise
4.7.07 Cpl. Moghes Qitaw Police Garage
4.7.08 Pvt. Awghechew Shemelis
4.7.09 15 workers Southern Wollo
RegionalAdministration
4.7.10 22 workers Tigray Courts
4.7.11 37 workers Ethiopian AirLines
4.7.12 251 workers Mito Agricultural
Enterprise
4.8. DENIAL OF PENSION RIGHTS
The following persons have filed complaints because they
havebeen deprived of their rights to
pension. Accordingto Ethiopian Civil Service Law, all civil servants
have the right to pension to which they
have contributed from their salaries.
===============================================
No. Name Place of
Work
===============================================
4.8.01 Capt. Ghetachew Argaw Ground Force
4.8.02 Sgt. Yalew Simegn
4.8.03 Capt. Mulu Sewinnet Police Force
4.8.04 Lt. Tadesse Tareqegn
4.8.05 Ato Seleshi Mulatu Pension withdrawn
4.9. PRISONERS OF WAR
The following persons were taken captives by E.P.L.F and are
still languishing in prison cells. EHRCO
has several times in the past raised the issue of prisoners of war
and it urges again the international
community, especially those who are actively engaged in such
humanitarian roles, to take up the issue with
the authorities concerned and provide some relief to the families of
these victims. EHRCO also appeals to
the Transitional Government toplay a more active role in this matter
as a gesture of humanitarian concern for
its citizens. The following is a newlist of names of prisoners of
war.
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===
No. Name Date Captured Place
Captured
===============================================
=======
4.9.01 Capt. Aimro Gettu May, 1991 Asmara
4.9.02 Mandefro Filate Asseb
4.9.03 Melaku Seyum Asmara
4.9.04 Lt. Shishigu Ghissilla > >
4.9.05 Pvt. Aberra Mammo
4.9.06 Lt. Kebede Hagos
4.9.07 P/M Melaku Jenbere
4.9.08 Atnafu Channe
4.9.09 Maj. Ghirma Dilnessahu
4.9.10 Capt. Taddese Bejigha
5. CONCLUSION
The Ethiopian Human Rights Council would like to bring to the
attention of the authorities of the
Transitional Government that the reported violations are violations
of rights as provided for in the Universal
Declaration of Human Rights and embodied in the Charter, and
other relevant laws ofthe country. Serious
steps must, therefore, be taken to study and thoroughly investigate
illegal practices of security forces
whose purpose ought to be the protection of human rights. EHRCO
hopes that after proper investigations
necessarysteps will be taken to institute legal actions against
violators of human rights. EHRCO urges the
Transitional Government to make sure that the laws of the country
are implemented without
discriminationand are not used as the political instrument of one
party. EHRCO expects the registration of
many NGO’s, including EHRCO,to be resolved in accordance with
the law. As of the last week of August,
1994 the TGE does not seem to have the intention or desire to
create a favourable condition for the
development and maturity of the privatepress.
EHRCO would like to appeal to the TransitionalGovernment to
change its unfavourable policy of
suppressingthe private press. In this connection, EHRCO would
like tonote that the plight of the performing
artists, especiallywith the use of the public media and of the public
theatres,is a matter of a fundamental
right of expression. In a situation of widespread famine, which
according tomany observers is feared will
exact a heavy toll of humanlives, and the existence of thousands of
internally displacedpersons, the
Transitional Government is expected to give this national problem
top priority and divert a sizable part of
thefinancial resources of the country towards tackling
theimpending catastrophe. It is evident that respect
for human rights is the basisfor democracy, peace and
development. EHRCO appeals to theauthorities of the
TGE to rectify current practices ofviolations of human rights
prevalent in the country and toreaffirm their
commitments to international standards of humanrights. It is the
duty of all political parties and ethnic
orother organizations to give a chance to the democratic processby
recognizing each other’s rights to have
access to people intheir respective regions and to struggle for
these rights in apeaceful and legal manner.
The TGE and other political organizations should learn totolerate
and respect each other’s political views
andopinions, develop a mechanism for avoiding
unnecessaryconfrontations and create a forum for
continuous dialogueswhich will have a positive impact in creating a
democraticculture. A political
organization which shies away fromdebates cannot be said to have
confidence in its program andthe people
it claims to represent. The Ethiopian people havesuffered the evil
consequnces of wars and not, therefore,
want to go through another one. EHRCO has repeatedly
andconsistently advocated peaceful political
struggles and hasalways urged all political parties to follow such
policies.
EHRCO appeals to all human rights organizations as wellas
governments and international agencies who
believe in thecause of human rights, the democratic process and
the rule oflaw to write to the following
officials of the TransitionalGovernment and to influence them to
take corrective actions.
9.1. The Transitional Government of Ethiopia, Council of
Representatives, P.O.Box 80001, Addis Abeba,
Ethiopia.
9.2. H.E. Ato Meles Zenawi, President of The Transitional
Government of Ethiopia P.O. Box 1031, Addis
Abeba, Ethiopia.
9.3. H.E. Ato Tamirat Laine, Prime Minister, Transitional
Government of Ethiopia, P.O. Box 1031, Addis
Abeba, Ethiopia.
9.4. Ministry of Internal Affairs Transitional Government of
Ethiopia, P.O. Box 5721, Addis Abeba,
Ethiopia.
9.5. The Ministry of Justice Transitional Government of Ethiopia,
P.O. Box 1379, Addis Abeba,
Ethiopia.
9.6. The Attorney General’s Office Transitional Government of
Ethiopia, P.O. Box 1379, Addis Abeba,
Ethiopia.
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EHRCO NEEDS YOUR MORAL AND FINANCIAL SUPPORT.
PLEASE SEND YOUR DONATIONS TO:
ADDIS ABABA COMMERCIAL BANK, FINFINE BRANCH
ACCOUNT NO. 1835-607-8357-4EHRCO.
IT ALSO NEEDS A TV SET AND A VIDEO FOR EDUCATIONAL
PURPOSES.
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