ETHIOPIAN HUMAN RIGHTS COUNCIL
Tel. 251-1 514489 / 517704, TeleFax: 251-1 514539,
E-mail: sewr @padis.gn.apc.org, POBox 2432, Addis Ababa, ETHIOPIA
THE PERSECUTION OF WRO. SVETLANA MAMEDOVA
Special Report No. 17 June 6, 1997
1. How Wro. Svetlana Came to Ethiopia
Wro. (Mrs.) Svetlana Mamedova, a Georgian by birth and
originally a citizen of the former Union of Soviet Socialist
Republics, had come to Ethiopia in 1978, together with Ato (Mr.)
Belay Dechassa, whom she had formally married in Moscow in 1976.
Her official residence is in Addis Ababa, Woreda 2, Kebelie 09,
House No. 262/07. Wro. Svetlana had a son by her husband Ato
Belay Dechassa and his name is Bikila.
Article 2 of the Ethiopian Nationality Law of 1930 provides
that a lawful marriage of an Ethiopian subject with a foreign
woman confers the Ethiopian nationality upon the married woman.
Article 3 of this law further provides that the following
marriages are deemed lawful.
(a) A marriage contracted in Ethiopia with a foreign woman, in
accordance with the form of an Ethiopian Religion, or with the
form of an Ethiopian Civil marriage, creating between wife and
husband a community of goods.
(b) A marriage contracted abroad of an Ethiopian subject with
a foreign woman, in accordance with the law and the forms of the
place where the marriage is contracted.
Wro. Svetlana and Ato Belay were formally married in Moscow
according to the marriage law of the land and their marriage was
registered there on the Book of Register under No. DOZ019899.
Since the Ethiopian Nationality Law cited above is still in force
and Ato Belay Dechassa had married Wro. Svetlana formally, his
wife is automatically entitled to become an Ethiopian
national.Notwithstanding such clear provisions of the law she was
not immediately granted Ethiopian nationality because it had been
decided by the Public Prosecutor of the Derg regime that she
could not be granted Ethiopian nationality unless she renounced
her Soviet nationality. Hence she fulfilled the condition and
submitted to the then Ministry of Foreign Affairs her application
for an Ethiopian nationality on January 15, 1985. Accordingly,
her application was accepted and she was given an Ethiopian
citizenship identity paper, No. 6898/Tn487, confirming her
Ethiopian nationality. Thus she finally became an Ethiopian
national.Wro. Svetlana used to run her own private business. She
has a retail shop of ready made clothes in Addis Ababa, Woreda 2,
Kebelie 09, House No. 262/8. Her trade licence for the business
has been renewed for the 1996/97 fiscal year. She also used to
teach music in Ethiopia.
2. The Injustices Done to Wro. Svetlana
Wro. Svetlana had been living peacefully with her husband
Belay and her only child, Bikila, when she received a letter on
November 29, 1991 from the Special Security Department of the
Transitional Government of Ethiopia. The letter was written on
the same date and reads as follows:
Mrs. Svetlana Mamedova
Kefetenya 2, Kebelie 09
Addis Ababa
We would like to talk to you about business matters. So, you
are hereby summoned to appear before the Special Security
Department on November 29, 1991 at 11:00 a. m.
With best regards
Getachew Teferi
Head, Special Security Department
As instructed, Wro. Svetlana went to the Special Security
Department escorted by the security man who brought her the
letter. She was detained immediately on her arrival and five days
later, on December 4, 1991, she was deported to the
Sudan.However, after staying abroad for 61 (sixty-days) she
returned to Ethiopia on January 13, 1992. Still, on her arrival,
she was detained at Bole International Air Port and again
deported to Moscow. Wro. Svetlana was determined not to stay
abroad stateless and separated from her husband and son. So, she
came back to Ethiopia on March 10, 1994, but on her arrival she
was again detained and remained under police custody at the
Central Investigation Co-ordination Department, popularly known
as “Ma’ekelawi”.
She remained under police custody for 57 (fifty-seven) days and
was deported for the second time to the Sudan, Khartoum, on May
6, 1994. Officials of the Sudan government did not want her stay
in the country. They kept her at the air port for a day and sent
her back to Ethiopia on May 7, 1994. She was arrested on her
arrival at Bole Air Port and taken to the Central Investigation
Co-ordination Department. She remained there under detention for
more than one year (505 days). Then she was deported to Turkey on
September 24, 1995. Wro. Svetlana returned to Ethiopia for the
fourth time with the belief that the authorities would reconsider
their position and treat her fairly, but she was again picked up
by the police and detained at the Central Investigation
Co-ordination Department.
Wro. Svetlana remained under custody: from April 18 to
September 1, 1996 (for 137 days) at the Central Investigation
Co-ordination Department; from September 2 to September 15, 1996
(for 14 days) at Woreda 10 Police Station; again from September
16, 1996 to January 16, 1997 (for 123 days) at the Central
Investigation Co-ordination Department; from January 17 to May 5,
1997 (for 109 days) at the Woreda 14 Police Station; from May 6,
1997 to date at the Woreda 3 Police Station. She has therefore
suffered for 985 days (two years and eight months) under police
custody without ever appearing before a judge. To date, she has
never been charged for committing any crime.
Moreover, Wro. Svetlana was forced to stay stateless in
foreign countries separated from her husband and son for two
years and nine months. All in all, she has been made to remain
stateless and without liberty for a total of five years and six
months. Wro. Svetlana was taken to the Immigration Department on
May 22, 1997 and told that she will be deported for the fifth
time. EHRCO has received a report that she might be deported to
an unknown country to day.
3. Court Actions to secure Wro. Svetlana Mamedova’s liberty
On 12 May 1994, the 1st Woreda Court granted bail to Wro.
Svetlana and gave order to the Central Investigation
Co-ordination Department to release her. The police defied the
order. Citing its file no. 297/87, the Region 14 (Addis Ababa)
Public Prosecutor wrote a letter on 17 March 1995 (ref. no.
k14/881/279/87) to the Central Investigation Co-ordination
Department and asked for an explanation as to why Wro. Svetlana
has not been released in accordance with the order of the Woreda
Court. The Central Investigation Co-ordination Department did not
respond. On 6 September 1996 Wro. Svetlana’s Counsel applied to
the Federal First Instance Court, 1st Civil Bench, stating that
she has been unlawfully detained by the Central Investigation
Co-ordination Department and asking the Court to issue a writ of
habeas corpus. The Court examined the application (see civil case
No. 1426/88) and ordered the Central Investigation Co-ordination
Department to bring Wro. Svetlana as well as the investigation
file to the Court on September 13, 1996 and to explain why it was
detaining her.
However, the Central Investigation Co-ordination Department
defied the Court’s order and failed to produce her on the
adjourned day. The Court again ordered the Central Investigation
Co-ordination Department to produce Wro. Svetlana on September
25, 1996 and explain the reason for her detention. The Central
Investigation Co-ordination Department defied the Court’s order
again. Then the Court adjourned the case for January 20, 1997. On
January 20, the case was adjourned again for February 3, 1997. On
February 3, the case was again adjourned for February 10, 1997.
On February 10, 1997 the Court gave the following order:
Wro. Svetlana Mamedova’s Counsel has presented an affidavit
stating that she was arrested by the Central Investigation
Co-ordination Department and has been detained at Woreda 10
Police Station since April 1996. She has been prevented from
presenting her case to the Court and also been denied access to
counsel. Since this is illegal and a flagrant violation of the
provision of Article 17 of the Constitution, the Court orders
that the Department produce her before the Court on 24/2/97. It
is also ordered that it bring the investigation file and explain
the reason why she is being held.
The Court also wants to know why the order it gave on September
5,1996 has not been complied with. In order to determine who is
responsible for this failure and take appropriate action, it is
ordered that the Head of the Investigation Department personally
appear before the Court on the adjourned date and explain the
reason why the Court’s order has not been complied with. If he
cannot come for reasons beyond his control, anyone delegated by
him and is capable of giving clarification shall come before the
Court on the adjourned date and shall give an explanation. On
February 21, 1997, the police again defied the Court’s order and
the Court was forced to give another adjournment for March 11,
1997. On March 11, 1997, the case was again adjourned for the
eighth time for March 17, 1997. On March 17, the case was
adjourned for the ninth time for April 16, 1997. On April 16,
1997, the Court ordered Colonel Immiru Tessemma, the Federal
Police Commissioner, to arrest and bring the Head of the Central
Investigation Department or, if he is not present, his deputy
before the Court on 27 May 1997. On May 27, 1997, the Police
Commissioner instructed the Head of the Investigation
Co-ordination Department, Ato Taddesse Messeret, to appear before
the Court and explain the reason why Wro. Svetlana is detained
and sent a copy of the letter to the Court. However, the Head of
the Investigation Co-ordination Department defied the order and
failed to appear before the Court. As a result the Court gave the
following order:
1. On 16/4/97 the Court had ordered the Federal Police
Commissioner to arrest the Head of the Investigation
Co-ordination Department and bring him to the Court because the
latter had repeatedly defied to execute the Courts order and
failed to produce at court Wro. Svetlana Mamedova and the
investigation file. However, the Police Commissioner, instead of
complying with the Court’s order and bringing the Head of the
Investigation Co-ordination Department or his deputy before the
Court, sent a copy of his letter dated 19/4/97 (Ref. no. 3/:p
7/8/17) and addressed to the Investigation Co-ordination
Department in violation of the procedure. Hence, in view of the
Police Commissioner’s failure to comply with the Court’s order,
the Court orders that his salary for the month of June should be
withheld until an alternative order is given. Similarly, since
the Head of the Investigation Co-ordination Department, Ato
Taddesse Tessemma, has repeatedly failed to obey the Court’s
order, let his June salary be withheld until an alternative order
is given. Let this order be sent to the Ministry of Finance for
execution. 2. Let a copy of this order be sent to the Federal
Police Commissioner for his execution of the order given on
16/4/97. The case is adjourned for 27 June 1997.
4. The Difficulty Encountered by Bikila due to the Detention
and Deportation of His Mother
When his mother was detained on November 29, 1992 and deported
to Sudan, Bikila was 15 years old and attending Grade Nine at the
Indian National School. Bikila was forced to abandon his school
and suffer a lot due to his mother’s detention and deportation.
On the other hand, his father Ato Belay Dechasa applied to the
7th Bench of Region 14 Zonal Court stating that his wife’s
disappearance for over 2 years and asking the court to declare
his wife’s absence. The court’s order that Wro. Svetlana should
appear before it on July 22, 1993 was printed on the July 8, 1993
issue of Addis Zemen. However, as Wro. Svetlana had been deported
at the time, she was not in a position to read the paper and
comply with the court’s order. According to Article 154(1) of the
Civil Code, “Where a person has disappeared and has given no
news of himself for two years, any interested party may apply to
court to declare his absence.” However, Wro. Svetlana was
taken by the police from her home, whereshe was living with her
husband, on November 29, 1992 whereas Ato Dechasa applied to the
Court to declare her absence before July 1993. This means that
she was by then absent from home for only a year and seven
months.
5. The Illegality of the Police Action and its Violation of
Human Rights
Article 17(1) of the FDRE Constitution provides: “No one
shall be deprived of his or her liberty except on such grounds
and in accordance with such procedure as are established by
law.” The police from the Central Investigation
Co-ordination Department have violated this constitutional
provision. Article 19(3) of the FDRE Constitution and Article 29
of the Ethiopian Criminal Code provide that anyone arrested has
the right to appear before a court within 48 hours of the arrest.
The police who detained Wro. Svetlana did not observe these legal
provisions. According to Article 33(1) of the FDRE Constitution,
“No Ethiopian national shall be deprived of his or her
nationality against his or her will.” Article 15(2) of the
Universal Declaration of Human Rights provides that “No one
shall be arbitrarily deprived of his nationality.” Wro.
Svetlana has been deprived of her Ethiopian nationality against
her will and arbitrarily. Her Ethiopian citizenship identity
paper has been taken away from her. Not only this, her passport,
too, was taken away from her and, on September 6, 1994, she was
issued a white paper, No. EM699/87, which states: “Emergency
document of identity issued to a non-Ethiopian national who
cannot obtain or, owing to emergent circumstances, has no time to
obtain a national passport or renew an expired one.” This
action, too, constitutes a violation of the constitutional
provisions and Wro. Svetlana’s rights. Article 9 of the
International Covenant on Civil and Political Rights, which
Ethiopia has ratified, provides that “Everyone has the right
to liberty and security of person. No one shall be subjected to
arbitrary arrest and detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such
procedures as are established by law. Anyone who is deprived of
his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that the court may decide
without delay on the lawfulnessof his detention and order his
release if the detention is not lawful.”
Article 12(4) of the same Covenant also provides that “No
one shall be arbitrarily deprived of the right to enter his own
country.” These provisions of the Covenant which has become
part of the Ethiopian law have not been observed in the case of
Wro. Svetlana.
The application for habeas corpus submitted to the Federal
First Instance Court in accordance with Article 19(4) of the FDRE
Constitution and Article 177 of the Civil Procedure Code did not
produce any tangible result. In view of the Central Investigation
Co-ordination Department’s repeated defiance of its order, the
Court did not go one step further and order the release of Wro.
Svetlana Mamedova as is required by Article 179(2) of the Civil
Procedure Code. It merely confined itself to demanding an
explanation from the police. According to Article 13 of the
International Covenant on Civil and Political Rights even a
foreign national would not be deported before his/her case has
been decided on by a court. Although Wro. Svetlana is an
Ethiopian national, her case was not treated even according to
this provision.
The case of Wro. Svetlana and that of Bahtawi Geber-Mesqel
(see EHRCO’s Special Report No.15) prove that the Ethiopian
courts actually have very little power to protect the human
rights of Ethiopian nationals. On the other hand, these cases
also show that the Federal government’s police are above the law
and can arbitrarily arrest and detain anyone. In fact, they can
even kill anyone on the street without regard for due process, as
was shown in the case of Ato Assefa Maru’s death (see EHRCO’s
Special Report No. 14). On the one hand, the Derg’s atrocities
are condemned day and night; on the other hand, similar
violations of human rights are committed. This practice makes it
clear that all the fanfare about the brutality of the Derg regime
is only for the sake of appearances. It makes one think that the
law and the courts are there as show pieces and are not meant for
practical application. The government must not tolerate such
atrocities against its citizens. It must take the proper measures
to ensure respect for the law as well as the rights of its
citizens.
Therefore, EHRCO asks the Ethiopian government to get the
immediate release of Wro. Svetlana Mamedova, who has been
detained for a long period and suffered from the flagrant
violation of her rights, and to ensure that her rights as a
national of this country are respected. EHRCO also urges all
supporters of human rights in general and women’s rights in
particular to write to the following FDRE government officials
and ask for the release of Wro. Svetlana Mamedova as well as her
reunion with her family.
CC:
Council of People’s Representatives
P. O. Box 80001, Tel: (251-1) 55 30 00 Addis Ababa, Ethiopia;
His Excellency Dr. Negasso Gidada
President of the FDRE
P. O. Box 1031, Fax: (251-1) 55 20 30, Addis Ababa, Ethiopia
His Excellency Ato Meles Zenawi
Prime Minister of the FDRE
P. O. Box 1031, Fax: (251-1) 55 20 30 Addis Ababa, Ethiopia
His Excellency Ato Seyoum Mesfin
Minister of Foreign Affairs
P.O.Box 393, Fax: (251-1) 51 43 00, Addis Ababa, Ethiopia
His Excellency Ato Mahteme Solomon
Minister of Justice
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 07 28, Addis Ababa, Ethiopia
His Excellency Ato Kinfe Gebre-Medhin
Head, Security, Immigration and Refugee Affairs Authority
P.O.Box 5721, Fax: (251-1) 51 59 79, Addis Ababa, Ethiopia _PAGE
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