ETHIOPIAN HUMAN RIGHTS COUNCIL
Phone. 251-1 514489 / 517704 TeleFax: +251-1 514539 E-mail: sewr
@padis.gn.apc.org P.O.Box 2432 Addis Ababa -ETHIOPIA
ILLEGAL DETENTION
Special Report No. 15
May 27, 1997
Bahtawi Fekade-Selassie Tesfaye was shot dead at St. Estifanos
Church on January 9, 1997. The killers’ identity is not unknown
because the bahtawi (hermit) was killed in front of the
congregation who had gathered there for prayer on the patron
Saint’s day. In connection with this incident several bahtawis
were detained by the police. The identity of the killers has been
reported to EHRCO by eye witnesses.
However, the police left the killers at large and instead
detained several bahtawis, including Bahtawi Gebre-Meskel
Haile-Meskel, who was not around at the time, Bahtawi Sofonias
Gume and other individuals who are said to have connections with
the bahtawis. Bahtawi Sofonias Gume has been detained since the
death of Bahtawi Fekade-Sellassie while Bahtawi Gebre-Meskel has
also been held at a police station since January 18, 1997 without
any court order. Nine of the other detainees have been released
on bail. However, Bahtawis Gebre-Meskel and Sofonias are still
under police custody.
On April 18, 1997 the Federal First Instance Court, 2nd bench,
ruled on file no. 197/89 that both bahtawis be released on bail,
provided they each deposit birr 2,000 (two thousand) or produce
guarantors for this sum. Accordingly, both bahtawis deposited the
surety required for bail and consequently on April 21, 1997 the
Court gave the following order to Addis Ababa Administration
Police Commission to release them:
1st Since Bahtawi Gebre-Meskel Haile-Meskel has deposited a
surety of birr 2,000 (two thousand) as evidenced by Model 85
receipt no. 28405;
2nd Since Bahtawi Sofonias Gume has deposited a surety of birr
2,000 (two thousand) as evidenced by Model 85 receipt no. 28915,
… the Court has ordered that they be released.
However, Addis Ababa Administration Police Commission ignored
the Court order and refused to release the two bahtawis. As a
result the Court again gave the following order to the police on
April 22, 1997.
The Court has ordered that the head of the police department
appear before the Federal First Instance Court, 2nd bench, and
explain the reason why he defied the Court’s order and failed to
release Bahtawi Gebre-Meskel Haile-Meskel et al.
However, the police defied this order, too. Hence, the Court
had to give the following order for the third time:
The Court has again ordered that the head of the police
department appear before the Federal First Instance Court, 2nd
bench, on 30/4/97 and explain the reason why he defied the
Court’s order and refused to release Bahtawi Gebre-Meskel et al.
As usual the police ignored the Court’s order and refused to
release the bahtawis. Without loosing hope the Court gave the
fourth order:
In the criminal case of Bahtawi Sofonias Gume et al. the Court
has ordered that the head of the police department appear before
the Federal First Instance Court, 2nd bench, on 12/5/97 and give
an explanation as to why he has refused to obey the Court’s
order.
The Court’s order was ignored for the fourth time. Hence, the
Court gave the following fifth order:
In the criminal case of Bahtawi Sofonias Gume et al. the Court
has granted bail. However, the police did not inform the Court if
it has discovered new facts. Hence, the Court has ordered that
Lieutenant Ayalew appear before the Federal First Instance Court,
2nd bench, on 20/5/97 and explain the reasons why the police
refused to release them. If he fails to appear, the Court would
hold him responsible for obstructing the judicial process.
However, the police did not take seriously the Court’s order
which was sent to it for the fifth time. Instead they transferred
the bahtawis from Addis Ababa Administration Criminal
Investigation Department to Woreda 18 Police Station and detained
them there. Moreover, they applied to the Federal First Instance
Court, 3rd bench, to allow them to detain the bahtawis on the
ground that they have not yet completed their investigation, in
spite of the fact that the bahtawis have been detained for over
four months, the investigation had been completed and the
bahtawis had been granted bail. However, on May 21, 1997 the
Court rejected the police application for a remand. The Court
gave the following reason for rejecting the police application:
The file shows that a complaint was lodged against the accused
on January 9, 1997. The preamble of the police investigation file
discloses that the first accused had said that he was not at the
scene of the incident and that the second accused has said that
he has already given his statement to Region 14 Police Commission
Criminal Investigation Department and that he has been granted
bail, and thus there was no reason why he should give another
statement again. The case had been instituted against the accused
on January 9, 1997. They had already given their statements to
the police and it had been decided that they be released on bail.
In view of these facts the Court would not accept the police
request for a remand.
In spite of the fact that the 3rd bench of the First Instance
Court has turned down the police request, Bahtawi Gebre-Meskel et
al have not been released to date.
Although the police were thus blatantly violating the basic
rights of citizens, the Federal Police Deputy Commissioner for
Crime Prevention, Major Alemseged Gebre-Yohannes, stated the
following in an interview with the Ethiopian News Agency (ENA):
Members of the police force are working to their level best to
safeguard rights of citizens enshrined in the Constitution. …
There were problems earlier at a time when the judiciary and the
police were not well organised, but prompt corrective measures
were taken to address the problems… Policemen, contrary to
former practices, were recruited following public appraisals for
their discipline and good manners and this by and large has made
their service popular. (see The Ethiopian Herald, Thursday, 22
May 1997.)
On May 8, 1997 at 8:30 a.m. Ato Assefa Maru was killed by the
police on the street, just about a kilometre away from his house,
while he was walking to his office. (See EHRCO’s Special Report
No. 14 issued on May 13, 1997.) Addis Ababa University students
were tortured by the police at Shogele Meda. (See EHRCO’s Special
Report No. 12 issued on March 27, 1997.) Bahtawi Ameha-Yesus
Gebre-Yohannes has been detained by the police since September
13, 1993. (See EHRCO’s Report issued on January 4, 1994.) In view
of these gross human rights violations, the Deputy Commissioner’s
claim that members of the police force are working to their level
best to safeguard the rights of citizens enshrined in the
Constitution is unbelievable.
Article 14 of the Constitution of the FDRE states that
“Every person has the inviolable and inalienable right to
liberty.” Article 19(6) of the same Constitution provides
that “Arrested persons have the right to be released on
bail.” Article 9(2) also states that “All citizens,
organs of the State … have the duty to insure observance of the
Constitution and to obey it” However, these constitutional
provisions have not been respected by the police. The wrongs done
to Bahtawi Gebre-Meskel et al confirm that the police are not
working to their level best to safeguard citizens’ rights
enshrined in the Constitution. Instead they are violating them
deliberately.
Therefore, EHRCO asks the government to ensure that the police
respect in deeds, and not in words, the constitutionally
guaranteed human rights of citizens and to release the illegally
detained bahtawis Gebre-Meskel Haile-Meskel, Sofonias Gume, and
Ameha-Yesus Gebre-Yohannes.
EHRCO also calls on all supporters of human rights to press
the Ethiopian government to release the illegally detained
bahtawis.
CC: Council of People’s Representatives
P. O. Box 80001, Addis Ababa, Ethiopia; Tel: (251-1) 55 30 00
His Excellency Dr. Negasso Gidada
President of the FDRE
P. O. Box 1031, Addis Ababa, Ethiopia; Fax: (251-1) 55 20 30
His Excellency Ato Meles Zenawi
Prime Minister of the FDRE
P. O. Box 1031, Addis Ababa, Ethiopia; Fax: (251-1) 55 20 30
His Excellency Ato Mahteme Solomon
Minister of Justice
P. O. Box 1370, Addis Ababa, Ethiopia; Fax: (251-1) 55 07 22
His Excellency Ato Kemal Bedri
President of the Supreme Court
P. O. Box 6166, Addis Ababa, Ethiopia; Fax: (251-1) 55 07 28