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ethiopia arbitrary arrest detention

Ethiopia: The Prototype African Police State

ps2The sights and sounds of an African police state

When Erin Burnett of CNN visited Ethiopia in July 2012, she came face-to-face with the ugly face of an African police state:

We saw what an African police state looked like when I was in Ethiopia last month… At the airport, it took an hour to clear customs – not because of lines, but because of checks and questioning. Officials tried multiple times to take us to government cars so they’d know where we went. They only relented after forcing us to leave hundreds of thousands of dollars of TV gear in the airport…

Last week, reporter Solomon Kifle of the Voice of America (VOA-Amharic) heard the terrifying voice of an  African police state from thousands of miles away. The veteran reporter was investigating widespread allegations of targeted night time warrantless searches of homes belonging to Ethiopian Muslims in the capital Addis Ababa. Solomon interviewed victims  who effectively alleged home invasion robberies by “federal police” who illegally searched their homes and took away cash, gold jewelry, cell phones, laptops, religious books and other items of personal property.

One of the police officials Solomon interviewed to get reaction and clarification was police chief Zemedkun of  Bole (an area close to the international airport in the capital).

VOA: Are you in the area of Bole. The reason I called…

Police Chief Zemedkun: Yes. You are correct.

VOA: There are allegation that homes belonging to Muslim Ethiopians have been targeted for illegal search and seizure. I am calling to get clarification.

Police Chief Zemedkun: Yes (continue).

VOA: Is it true that you are conducting such a search?

Police Chief Zemedkun: No, sir. I don’t know about this. Who told you that?

VOA: Individuals who say they are victims of such searches; Muslims who live in the area.

Police Chief Zemedkun: If they said that, you should ask them.

VOA: I can tell you what they said.

Police Chief Zemedkun: What did they say?

VOA: They said “the search is conducted by police officers; they [the police] threaten us without a court order; they take our property, particularly they focus on taking our Holy Qurans and mobile phones. Such are the allegations and I am calling to get clarification.

Police Chief Zemedkun: Wouldn’t it be better to talk to the people who told you that? I don’t know anything about that.

VOA: I just told you about the allegations the people are making.

Police Chief Zemedkun: Enough! There is nothing I know about       this.

VOA: I will mention (to our listeners) what you said Chief Zemedkun. Are you the police chief of the sub-district ( of Bole)?

Police Chief Zemedkun: Yes. I am something like that.

VOA: Chief Zemedkun, may I have your last name?

Police Chief Zemedkun: Excuse me!! I  don’t want to talk to anyone on this type of [issue] phone call. I am going to hang up. If you call again, I will come and get you from your address. I want you to know that!! From now on, you should not call this number again. If you do, I will come to wherever you are and arrest you. I mean right now!!

VOA: But I am in Washington (D.C)?

Police Chief Zemedkun: I don’t care if you live in Washington or in Heaven. I don’t give a damn! But I will arrest you and take you. You should know that!!

VOA: Are you going to come and arrest me?

End of  interview.

Meles’ legacy: mini Me-leses, Meles wannabes and a police state

Flying off the handle, exploding in anger and igniting into spontaneous self-combustion is the hallmark of the leaders of the dictatorial regime in Ethiopia. The late Meles Zenawi was the icon of spontaneous self- combustion. Anytime Meles was challenged on facts or policy, he would explode in anger and have a complete meltdown.

Just before Meles jailed virtually the entire opposition leadership, civil society leaders and human rights advocates following the 2005 elections for nearly two years, he did exactly what police chief Zemedkun threatened to do to VOA reporter Solomon. Congressman Christopher Smith, Chairman of the House Africa Subcommitte in 2005 could not believe his ears as Meles’ arrogantly threatened to arrest and jail opposition leaders and let them rot in jail. Smith reported:

Finally, when I asked the Prime Minister to work with the opposition and show respect and tolerance for those with differing views on the challenges facing Ethiopia he said, ‘I have a file on all of them; they are all guilty of treason.’ I was struck by his all-knowing tone. Guilty! They’re all guilty simply because Meles says so?  No trial? Not even a Kangaroo court?  I urged Prime Minister Meles not to take that route.

In 2010, Meles erupted at a press conference by comparing the Voice of America (Amharic) radio broadcasts to Ethiopia with broadcasts of Radio Mille Collines which directed some of the genocide in Rwanda in 1994. Pointing an accusatory finger at the VOA, Meles charged: “We have been convinced for many years that in many respects, the VOA Amharic Service has copied the worst practices of radio stations such as Radio Mille Collines of Rwanda in its wanton disregard of minimum ethics of journalism and engaging in destabilizing propaganda.” (It seems one of Meles’ surviving police chiefs is ready to make good on Meles’ threat by travelling to Washington, D.C. and arresting a VOA reporter.)

Meles routinely called his opponents “dirty”, “mud dwellers”, “pompous egotists” and good-for-nothing “chaff” and “husk.” He took sadistic pleasure in humiliating and demeaning parliamentarians who challenged him with probing questions or merely disagreed with him. His put-downs were so humiliating, few parliamentarians dared to stand up to his bullying.

When the European Union Election Observer Group confronted Meles with the truth about his theft of the May 2010 election by 99.6 percent, Meles had another public meltdown. He condemned the EU Group for preparing a “trash report that deserves to be thrown in the garbage.”

When Ken Ohashi, the former country director for the World Bank debunked Meles’ voodoo economics in July 2011, Meles went ballistic: “The individual [Ohashi) is used to giving directions along his neo-liberal views. The individual was on his way to retirement. He has no accountability in distorting the institutions positions and in settling his accounts. The Ethiopian government has its own view that is different from the individual.” (Meles talking about accountability is like the devil quoting Scripture.)

In a meeting with high level U.S. officials in advance of the May 2010 election, Meles went apoplectic telling the diplomats that “If opposition groups resort to violence in an attempt to discredit the election, we will crush them with our full force; they will all vegetate like Birtukan (Midekssa) in jail forever.”

Meles’ hatred for Birtukan Midekssa (a former judge and the first woman political party leader in Ethiopian history), a woman of extraordinary intelligence and unrivalled courage, was as incomprehensible as it was bottomless. After throwing Birtukan in prison in 2008 without trial or any form of judicial proceeding, Meles added insult to injury by publicly calling her a “chicken”. When asked how Birtukan was doing in prison, Meles, with sarcastic derision replied, “Birtukan Midiksa is fine but she may have gained weight due to lack of exercise.” (When Meles made the statement, Birtukan was actually in solitary confinement in Kality prison on the ridiculous charge that she “had denied receiving a pardon” when she was released in July 2007.) When asked if he might consider releasing her, Meles said emphatically and sadistically, “there will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.”

Internationally acclaimed journalists Eskinder Nega, Reeyot Alemu, Woubshet Taye are all victims of arbitrary arrests and detentions. So are opposition party leaders and dissidents Andualem Arage, Nathnael Mekonnen, Mitiku Damte, Yeshiwas Yehunalem, Kinfemichael Debebe, Andualem Ayalew, Nathnael Mekonnen, Yohannes Terefe, Zerihun Gebre-Egziabher and many others.

Police chief Zemedkun is a mini-Me-les, a Meles wannabe. He is a mini tin pot tyrant. Like Meles, Zemedkun not only lost his cool but also all commonsense, rationality and proportionality. Like Meles, Zemedkun is filled with hubris (extreme arrogance which causes the person to lose contact with reality and feel invincible, unaccountable and above and beyond the law). Zemedkun, like Meles, is so full of himself that no one dare ask him a question: “I am the omnipotent police chief Zemedkun, the Absolute Master of Bole; the demigod with the power of arrest and detention.  I am Police Chief Zemedkun created in the divine likeness of Meles Zenawi!”

What a crock of …!

When Meles massacred 193 unarmed protesters and wounded 763 others following the elections in 2005, he set the standard for official accountability, which happens to be lower than a snake’s knee. For over two decades, Meles created and nurtured a pervasive and ubiquitous culture of  official impunity, criminality, untouchability, unaccountablity, brutality, incivility, illegality and immorality in Ethiopia.

The frightening fact of the matter is that today there are tens of thousands of mini-Me-leses and Meles wannabes in Ethiopia. What police chief Zemedkun did during the VOA interview is a simple case of monkey see, monkey do. Zemedkun could confidently threaten VOA reporter Solomon because he has seen Meles and his disciples do the same thing for over two decades with impunity. Zemedkun is not alone in trashing the human rights of Ethiopian citizens.  He is not some rogue or witless policeman doing his thing on the fringe. Zemedkun is merely one clone of his Master. There are more wicked and depraved versions of Zemedkun masquerading as ministers of state.  There are thousands of faceless and nameless “Zemedkunesque” bureaucrats, generals, judges and prosecutors abusing their powers with impunity. There are even soulless and heartless Zemedkuns pretending to be “holy men” of faith. But they are all petty tyrants who believe that they are not only above the law, but also  that they are the personification of the law.

Article 12 and constitutional accountability

Article 12 of the Ethiopian Constitution requires accountability of all public officials: “The activities of government shall be undertaken in a manner which is open and transparent to the public… Any public official or elected representative shall be made accountable for breach of his official duties.”

Meles when he was alive, and his surviving disciples, police chiefs, generals and bureaucrats today are in a state of willful denial of the fact of constitutional accountability. (Meles believed accountability applied only to Ken Ohashi, the former World Bank country director.) The doltish police chief Zemedkun is clueless not only about constitutional standards of accountability for police search and seizure in private homes but also his affirmative constitutional obligation to perform his duties with transparency. This ignoramus-cum-police chief believes he is the Constitution, the law of the land, at least of Bole’s. He has the gall to verbally terrorize the VOA reporter, “I don’t care if you live in Washington or in Heaven. I don’t give a damn! But I will arrest you and take you. You should know that!!”

Freedom from arbitrary arrest and detention, unbeknown to police chief Zemedkun, is guaranteed by Article 17 (Liberty) of the Ethiopian Constitution: “No one shall be deprived of his liberty except in accordance with such procedures as are laid down by law. No one shall be arrested or detained without being charged or convicted of a crime except in accordance with such procedures as are laid down by law.” Article 19 (Rights of Persons under Arrest) provides, “Anyone arrested on criminal charges shall have the right to be informed promptly and in detail… the nature and cause of the charge against him… Everyone shall have the right to be… specifically informed that there is sufficient cause for his arrest as soon as he appears in court. Zemedkun is ready to arrest the VOA reporter simply because the reporter asked him for his last name. What arrogance! What chutzpah!

It is a mystery to police chief Zemedkun that arbitrary deprivation of liberty is also a crime against humanity. Article 9 of the 1948 Universal Declaration of Human Rights decrees that “no one shall be subjected to arbitrary arrest, detention or exile.” Article 9 of the International Covenant on Civil and Political Rights similarly provides: “no one shall be subjected to arbitrary arrest, detention or exile.” The deprivation of physical liberty (arbitrary arrest) constitutes a crime against humanity under Art. 7 (e) and (g) of the Rome Statute if there is evidence to show that the deprivation occurred as  a result of systematic attack on a civilian population and in violation of international fair trial guarantees. The statements of the victims interviewed by VOA reporter Solomon appear to provide prima facie evidence sufficient to trigger an Article 7 investigation since there appears to be an official policy of systematic targeting of  Muslims for arbitrary arrest and detention as part of a widespread campaign of religious persecution. The new prosecutor for the International Criminal Court, Fatou B. Bensouda, should launch such an investigation in proprio motu (on her own motion).

Meles has left an Orwellian legacy in Ethiopia. Police chief Zemedkun is only one policeman in a vast police state. He reaffirms the daily fact of life for the vast majority of Ethiopians that anyone who opposes, criticizes or disagrees with members of the post-Meles officialdom, however low or petty,  will be picked up and jailed, and even tortured and killed. In “Mel-welliana” (the Orwellian police state legacy of Meles) Ethiopia, asking the name of a public official is a crime subject to immediate arrest and detention!  In “Mel-welliana”, thinking is a crime. Dissent is a crime. Speaking the truth is a crime. Having a conscience is a crime. Peaceful protest is a crime. Refusing to sell out one’s soul is a crime. Standing up for democracy and human rights is a crime. Defending the rule of law is a crime. Peaceful resistance of state terrorism is a crime.

A police chief, a police thug  and a police thug state

It seems police chief Zemedkun is more of a police thug than a police chief. But listening to Zemedkun go into full meltdown mode, one cannot help but imagine him to be a cartoonish thug. As comical as it may sound, police chief Zemedkun reminded me of Yosemite Sam, that Looney Tunes cartoon character known for his grouchiness, hair-trigger temper and readiness to “blast anyone to smithereens”. The not-so-comical part of this farce is that police chief Zemedkun manifests no professionalism, civility or ethical awareness.  He is obviously clueless about media decorum. Listening to him, it is apparent that Zemedkun has the personality of a porcupine,  the temper of a Tasmanian Devil,  the charm of an African badger, the intelligence of an Afghan Hound and the social graces of a dung beetle. But the rest of the high and mighty flouting the Constitution and abusing their powers like Zemedkun are no different.

The singular hallmark — the trademark — of a police thug state is the pervasiveness and ubiquity of arbitrary arrests, searches and detentions of citizens. If any person can be arrested on the whim of a state official, however high or petty, that is a police state. If the rights of citizens can be taken or disregarded without due process of law, that is a dreadful police state. Where the rule of law is substituted by the rule of a police chief, that is a police thug state.

For well over a decade, international human rights organizations and others have been reporting on large scale  arbitrary arrests and detentions in Ethiopia. The 2011 U.S. State Department Country Reports on Human Rights Practices (issued on May 24, 2012) reported:

Although the constitution and law prohibit arbitrary arrest and detention, the government often ignored these provisions in practice… The government rarely publicly disclosed the results of investigations into abuses by local security forces, such as arbitrary detention and beatings of civilians… Authorities regularly detained persons without warrants and denied access to counsel and in some cases to family members, particularly in outlying regions… Other human rights problems included torture, beating, abuse, and mistreatment of detainees by security forces; harsh and at times life-threatening prison conditions; arbitrary arrest and detention; detention without charge and lengthy pretrial detention; infringement on citizens’ privacy rights, including illegal searches

In its 2013 World Report, Human Rights Watch reported: “Ethiopian authorities continued to severely restrict basic rights of freedom of expression, association, and assembly in 2012… The security forces responded to protests by the Muslim community in Oromia and Addis Ababa, the capital, with arbitrary arrests, detentions, and beatings.”

Rarely does one hear human rights abusers publicly showing their true faces and confirming their victims’ allegations in such breathtakingly dramatic form. Police chief Zemedkun gave all Ethiopians a glimpse of the arrogant and lawless officialdom of Post-Meles Ethiopia. It is a glimpse of a police state in which an ignorant local police chief could feel so comfortable in his abuse of power that he believes he can travel to the United States of America and arrest and detain a journalist working for an independent agency of the United States Government. If this ill-mannered, ill-bred, cantankerous and boorish policeman could speak and act with such impunity, is it that difficult to imagine how the ministers, generals, prosecutors, judges and bureaucrats higher up the food chain feel about their abuses of power?

But one has to listen to and read the words of those whose heads are being crushed by the police in a police state. When it comes to crushing heads, themodus operandi is always the same. Use “robocops”.  In 2005,  Meles brought in hundreds of police and security men from different parts of the country who have limited proficiency in the country’s official language and used them to massacre 193 unarmed protesters and wound another 763. These “robocops” are pre-programmed killing machines, arresting machines and torture machines. They do what they are told. They ask no questions. They shoot and ask questions later. Hadid Shafi Ousman, a victim of illegal search and seizure, who spoke to VOA reporter Solomon,  recounted in chilling detail what it meant to have one’s home searched by “robocop” thugs and goons who do not speak or have extremely limited understanding the official language of the country:

These are federal police. There are also civilian cadres. Sometimes they come in groups of 5-10. They are dressed in federal police uniform…. They are armed and carry clubs. They don’t have court orders. There  are instances where they jump over fences  and bust down doors… When they come, people are terrified. They come at night. You can’t say anything. They take mobile phones, laptops, the Koran and other things… They cover their faces so they can’t be identified. We try to explain to them. Isn’t this our country? If you are here to take anything, go ahead and take it…. They beat you up with clubs. If you ask questions, they beat you up and call you terrorists… First of all, these policemen do not speak Amharic well. So it is hard to understand them. When you ask them what we did wrong, they threaten to beat us. I told them I am a university student, so what is the problem? As a citizen, as a human being…Even they struggled and paid high sacrifices [fighting in the bush] to bring about good governance [to the people]. They did not do it so that some petty official could harass the people. When you say this to them, they beat you up…

Let there be no mistake. Zemedkun is not some isolated freakish rogue police chief  in the Ethiopian police state. He is the gold standard for post-Meles governance. There are thousands of Zemedkuns that have infested the state apparatus and metastasized through the body politics of that country. For these Meles wannabes, constitutional accountability means personal impunity; illegal official activity means prosecutorial immunity; moral depravity means moral probity and crimes against humanity means legal  impunity.

Cry, the beloved country

In 1948, the same year Apartheid became law in South Africa, Alan Paton wrote in “Cry, the Beloved Country”, his feeling of despair over the fate of South Africa:

Cry for the broken tribe, for the law and the custom that is gone. Aye, and cry aloud for the man who is dead, for the woman and children bereaved. Cry, the beloved country, these things are not yet at an end. The sun pours down on the earth, on the lovely land that man cannot enjoy. He knows only the fear of his heart.”

Cry for our beloved Ethiopia!!

Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.

Previous commentaries by the author are available at:

http://open.salon.com/blog/almariam/

www.huffingtonpost.com/alemayehu-g-mariam/

Amharic translations of recent commentaries by the author may be found at:

http://www.ecadforum.com/Amharic/archives/category/al-mariam-amharic

http://ethioforum.org/?cat=24