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international covenant on civil and political rights art. 14 (2)

Ethiopia: The Politics of Fear and Smear

fs2011: Dictatorship, corruption and the politics of fear and smear

In December 2011, I wrote a commentary entitled, “Ethiopia: Land of Blood or Land of Corruption?” contrasting two portraits of Ethiopia. At the time, the portrait painted by Transparency International (TI) (Corruption Index) and Global Financial Integrity (GFI) showed Ethiopia as a land blighted by  systemic corruption. GFI reported that “Ethiopia, which has a per-capita GDP of just US$365, lost US$11.7 billion to illicit financial outflows between 2000 and 2009. In 2009, illicit money leaving the economy totaled US$3.26 billion, which is double the amount in each of the two previous years.” TI gave Ethiopia a score of  2.7 on the Corruption Index (on a scale of 0 – 10, where 0 means “highly corrupt” and 10 means “very clean”).

At that time, the dictatorial regime, which is still in power today, sought to portray Ethiopia as a country under siege by traitorous terrorists. In a fear-mongering three-part propaganda “documentary” entitled “Akeldama” (or Land [field] of Blood, taken from  Acts 1:19 referring to a field said  to have been bought by Judas Iscariot with the thirty pieces of silver he got for betraying Jesus)  shown on ruling party-owned television service, the regime sought to depict Ethiopia as a country under withering terrorist attack by Ethiopian Diaspora opposition elements and their co-conspirators inside the country and other “terrorist” groups. “Akeldama” began with a proclamation on the arrival of a bloodbath doomsday in Ethiopia: “Terrorism is destroying the world. Terrorism is wrecking our daily lives, obstructing it. What I am telling you now is not about international terrorism. It is about a scheme that has been hatched against our country Ethiopia to turn her into Akeldama or land of blood. For us Ethiopians, terrorism has become a bitter problem….”

“Akeldama” stitched revolting and gruesome video clips and photomontage of terrorist carnage and destruction throughout the world to tar and feather all opponents of the late Meles Zenawi as stooges of Al-Qaeda and Al-Shabaab in Somalia. Gratuitously horrific images of dead bodies of babies and little children lying on the ground, fly-infested corpses of adults oozing blood on the asphalt, severed limbs scattered in the streets, burned vehicles, bombed buildings, doctors treating injured victims and footage of the imploding Twin Towers in New York City on September 11, 2011 were blended in a toxic video presentation to hypnotize and paralyze the population with fear and loathing. Following an orgiastic presentation of carnage and destruction, that “documentary”  pointed an accusatory finger at “ruthless terrorists” who are “destroying our peace” and “massacring our loved ones”. In a haunting voice, the narrator exhorts, “Let’s look at the evidence. In the past several years, there have been 131 terrorist attacks; 339 citizens killed; 363 injured and 25 kidnapped and killed by terrorists.”

By weaving deceitful, deceptive and distorted narratives between grisly spectacles of alleged terrorist atrocity, cruelty, brutality, bestiality and inhumanity from the world over, “Akeldama” hoped to create rabid public hysteria against Ethiopia’s opposition elements and justify the regime’s violent crackdowns on opposition elements. That propaganda hogwash gained little traction in the public mind.

2013: Dictatorship, corruption and the politics of fear and smear

Fast forward to February 2013. A recent exhaustive 448-page World Bank report revealed that Ethiopia has one of  the most corrupt-to-the-core regimes in the world.  According to this report, Ethiopia’s “Telecommunications Sector” is Corruption Central, the Ground Zero of Corruption: “Despite the country’s exceptionally heavy recent investment in its telecoms infrastructure, it has the second lowest telephone penetration rate in Africa. Amid its low service delivery, an apparent lack of accountability, and multiple court cases, some aspects of the sector are perceived by both domestic and international observers to be deeply affected by corruption.” Ethiopia’s “Construction Sector exhibits most of the classic warning signs of corruption risk, including instances of poor-quality construction, inflated unit output costs, and delays in implementation.” Corruption in the “Justice Sector” rears its ugly head in the form of “political interference with the independent actions of courts or other sector agencies, or payment or solicitation of bribes or other considerations to alter a decision or action.” Corruption in the “Land Sector” is built into the law itself: “The capture of state assets by the elite can occur through the formulation of policy that favors the elite.”

On February 5, 2013, the ruling regime in Ethiopia broadcasted a one hour “documentary” entitled “Jihadawi Harakat” (“Holy War Movement”) purportedly aimed at exposing Islamic extremists and terrorists preparing for a “holy war” to establish an Islamic government in Ethiopia. This “documentary” is nothing less than a declaration of an unholy war against Ethiopian Muslims. “Jihadawi Harakat” is a maliciously conceived and executed propaganda campaign right down to the diabolical title which seeks to portray Ethiopian Muslims peacefully demanding respect for their human rights as the handmaidens of such jihadist terrorist movements as Hamas (Harakat al-Muqawama al-Islamiyya), Harakat al-Jihad al-Islami al-Filastini and the Abu Sayyaf (terror group in the southern Philippines) group’s Al Harakat al-Islamiyya.

“Jihadawi Harakat” is very similar in tone and content to “Akeldama”. The principal difference is that “Jihadawi Harakat” targets Ethiopian Muslims for persecution and vilification. The “documentary” as a whole argues that Ethiopian Muslims who asked for  nothing more than respect for their basic human rights and non-government interference in their religious affairs are merely local chapters of  blood thirsty terrorist groups such Boko Haram (Nigeria), Ansar al Din (Mali),  Al Qaeda, Al Shabaab, Hamas… Despite the lip service disclaimer that the “documentary” is about a “few terrorists taking cover behind the Islamic faith to commit terrorism” in Ethiopia, this “documentary” stands as an ugly testament to official state religious intolerance and persecution rarely seen anywhere in Africa.

There are lies, naked lies, damned lies and sleazy lies. “Jihadawi Harakat” is all four. After viewing this revolting  “documentary”,  I recalled the furious words of the late Meles Zenawi when the European Union Election Observer Group confronted him with the truth about his theft of the May 2010 election by 99.6 percent. Meles was so angry that he got caught, he condemned the EU election report as “trash that deserves to be thrown in the garbage.” This phony, vile, shallow, pretentious, noxious and histrionic docutrash is such a pile of crap that it deserves to be flushed into the sewer.

First, let us establish the facts on the demands of Ethiopian Muslims. According to the U.S. Commission on International Religious Freedom, an independent body constituted by the Congress and the President of the United States to monitor religious freedom worldwide:

Since July 2011, the Ethiopian government has sought to impose the al-Ahbash Islamic sect on the country’s Muslim community, a community that traditionally has practiced the Sufi form of Islam. The government also has manipulated the election of the new leaders of the Ethiopia Islamic Affairs Supreme Council (EIASC).  Previously viewed as an independent body, EIASC is now viewed as a government-controlled institution.  The arrests, terrorism charges and takeover of EIASC signify a troubling escalation in the government’s attempts to control Ethiopia’s Muslim community and provide further evidence of a decline in religious freedom in Ethiopia. Muslims throughout Ethiopia have been arrested during peaceful protests: On October 29, the Ethiopia government charged 29 protestors with terrorism and attempting to establish an Islamic state.

The jihadists are coming, again?!

“Jihadawi Harakat” is not the first time the regime in power in Ethiopia has pulled the jihadist bogeyman out of their back pockets to scare the people of Ethiopia. Back in November 2006, a month before Meles Zenawi’s tanks “blitzkrieged” their way into Mogadishu killing tens of thousands of innocent Somali civilians and displacing over a million, I wrote a commentary  entitled, “The Jihadists are Coming!” I argued that Meles Zenawi had fabricated the Somali jihadist terrorist threat out of whole cloth to deflect attention from his dismal human rights record and repression and to buy the good will and diplomatic support of the U.S.:

Here we go again! Trot out the Somali jihadist bogeyman (aya jibo). Get out the smoke machine and mirrors. Show time! Act I. Narrator Zenawi: “Somalia is becoming a haven for terrorist. The sheiks of terror have declared an unholy war on Ethiopia, and the U.S. of A. They are on the outskirts. Patriots and countrymen, defend the homeland!…

But the whole jihadist business smacks of political fantasy. It’s surreal. Mr. Zenawi says the Somali jihadists and their Al Qaeda partners should be opposed and defeated because they are undemocratic, anti-democratic, oppressive and authoritarian. The jihadists don’t believe in human rights and do not allow political or social dissent. They are fanatics who want to impose one-party rule… Duh!!! Has Mr. Zenawi looked at the mirror lately?…

… Mr. Zenawi says the Somali jihadists are lurking behind every desert rock and boulder. He wants Ethiopians to come out and fight them in every hamlet, town and city. We want Ethiopians to come out of the jails and prisons and rejoin their families. We want them to come out into the streets and peacefully express themselves, show their opposition to government policies and actions, engage in constructive dialogue with their fellow citizens and enjoy basic human rights… Now, we have a choice to make. We can follow along the Zenawi Road Show and entertain ourselves with stories of the Somali jihadist bogeyman, Mickey Mouse and the Easter Bunny. Or we can stay focused on the real issues of human rights, civil liberties, the rule of law and democracy in Ethiopia.

Meles used the jihadist bogeyman in 2006 to plunge Ethiopia into the civil war in Somalia. In 2013, his disciples hope to use same jihadist bogeyman to plunge Ethiopia into internecine sectarian civil war.

“Jihadawi Harakat” or the art of Islamophobia

“Jihadawi Harakat” is such a revoltingly amateurish piece of propaganda  that one could easily dismiss it as dimwitted cartoonish gibberish and sophomoric fear mongering melodrama. But that would be a serious mistake because this vicious docutrash scandalizes, villiainizes, slanders and vilifies Ethiopia’s Muslim community. As lame and as cynical as this docutrash is, its tacit propaganda aim is to present a “morality play” of “evil” Muslims against “good” Christians. It is intended to scare Christians into believing that the same Muslims with whom they have coexisted peacefully for a millennia have now suddenly been transformed into “Islamic terrorists” and are secretly planning to wage a jihadist war on them to establish an Islamic government. Just as “Akeldama” sought to demonize, dehumanize, anathematize, demoralize and barbarize all of Ethiopia’s dissidents and opposition groups as a confederation of blood thirsty terrorists, “Jihad Harekat” seeks to do exactly the same thing to Ethiopian Muslims by creating Islamophobic hysteria in Ethiopia.

Careful review and analysis shows the ruling regime sought to accomplish a number of propaganda objectives with this docutrash: 1) tar and feather all Muslims who demand respect for their basic human rights and regime non-interference in their religious affairs as blood thirsty terrorists, fanatical jihadists and homicidal maniacs, 2) inflame Christian passions to incite hatred and spread distrust and suspicion against Muslims; 3) vilify Muslims and create a climate of fear, loathing and intolerance which the regime hopes will trigger mass hysteria, persecution and discrimination against Muslims; 4) divert the attention of the population from the desperate  economic, social and political issues of the day by feeding them ugly fantasies of jihadists Ethiopian Muslims planting bombs and planning terrorist acts to create an Islamic state, and 5) establish the moral justification for ruthlessly cracking down and clamping down on Muslims who have asked for nothing more than respect for their religious liberties and official non-interference in the administration of their religious affairs. Of course, the regime desperately wants to divert public attention from its massive corruption documented in the World Bank’s exhaustive 448-page report.

Anatomy of a Docutrash

For those who do not wish to waste their time viewing this pile of bull manure (make sure to hold your nose if you must watch it) passing off as a “documentary”, here is a summary. The docutrash opens with a text-image insert announcing, “An evidence-based documentary on a few individuals who have used the Islamic faith as a cover to conduct terrorist activities. A documentary prepared in collaboration with the national intelligence service, federal police and Ethiopian television and radio organization. It presents evidence on how a few  individuals have taken cover behind the Islamic faith and tried to implement the terrorist plans of Al Qaeda and Al Shabaab in Ethiopia.”

For 13 seconds, the text image insert slowly recedes on the screen; and without warning the face of a menacing “terrorist” set against a pitch black background emerges and scrolls to the right on the screen for 8 seconds to inspire a foreboding sense of fear and panic in the viewer. The same man whose picture has been photoshopped to make him look wild-eyed and sinister appears  and gives the first “evidence” by “confessing” in a soft voice and gentle demeanor, “The jihad is between Muslims and those who are not Muslims.”

The “evidence” presented consists of  “confessions” (mostly 2 0r 3 sentence incriminating admissions by the “suspects” unaccompanied by the questions of the interrogators) of some of the 29 terror suspects mentioned in the report of the U.S. Commission on International Religious Freedom referenced above. (The terror suspects giving “confessions” are currently on trial and the regime broadcasted  the “documentary” in flagrant violation of a court order not to do so.)

Following the “confession” of the man admitting to a jihad between Muslims and non-Muslims, a video clip of riotous young men (insinuating that they are Muslim rioters) running away  from something is shown. Video clips likely scarfed from the internet immediately follow showing turbaned and disguised jihadists from all over the world wreaking havoc in unnamed places.  A text-image follows announcing, “Boko Haram in Ethiopia.” Young Ethiopian Muslim men are briefly shown at a peaceful gathering protesting. A  young Muslim leader is shown speaking to a group and claiming that Muslims are being “accused of being terrorists, criminals and seeking power.” More photos of turbaned and armed terrorists are shown followed by a video clip of Muslim terrorists digging up a cache of arms from a hole in the ground. A bearded Muslim man appears and states, “We have prepared the weapons and the manpower needed for the war against the government and our aim is to establish an Islamic government.” Photomontage of terrorists from other parts of the world brandishing AK47s and RPGs  follow along with more video clips of terrorists blowing up buildings. Civilians are shown running away from scenes of terrorists attacks. Unnamed terrorists are shown marching in the bushes. Photoshopped pictures of the same bearded suspects shown at the very beginning of the video are scrolled time and again across the screen to give the creepy impression that the “confessing” suspects are stalking the viewer like beasts  of prey. For another 58 minutes, the same theme is repeated over and over again with snippets of “confessions” sandwiched between scenes of armed terrorists and terrorist devastation.

Rule of Law or Rule of Ignoramuses

Leaders of the ruling regime often trumpet their allegiance to and defense of their Constitution. Last September propaganda meister Bereket Simon, after telling and retelling the world the Big Lie about Meles’ health and death, waxed eloquent day after day about constitutional succession and the game of official musical chairs to be played in the post-Meles period. As “communications minister”, Simon authorized the broadcasting of the “Jihadawi Harekat” docutrash. One really wonders how these “champions of the Ethiopian Constitution” seem to be enlightened only about those provisions they like but are willfully benighted about the parts they don’t like such as the rights of the accused.  It reminds one of a line from Shakespeare, “The devil can cite Scripture for his purposes.” Are they cunningly malicious or just plain ignorant? For years, I have been saying that preaching constitutional law (the rule of law) to the regime in Ethiopia is like preaching Scripture to a gathering of heathen. These vacuous imposters  would not recognize the Constitution if it ran them over like a Mac truck.

What needs to be doubly underscored in the case against the 29 Muslim “terror suspects”, including those who allegedly confessed in “Jihadawi Harakat”  are three important facts: 1) All of the “suspects” are pretrial detainees entitled to full procedural due process protections provided in the Ethiopian Constitution and various other binding international human rights conventions. 2) There is substantial evidence to show that the “suspects” who allegedly confessed did so under coercion. In the case of one “suspect”, for instance, a video of the interrogation and “confession” shows him  handcuffed.  3)  All  of the 29 “terrorism suspects” in custody are political  prisoners.

In terms of the flagrant disregard for the constitutional and human rights of the suspects, one cannot be unimpressed by the abysmal depth of ignorance and depraved indifference of the regime leaders. The  Ethiopian Constitution under Art. 20 (3) provides: “During proceedings accused persons have the right to be presumed innocent.” They seem to be totally clueless (or don’t give a damn) of their obligation under international human rights conventions which are incorporated expressly into the Ethiopian Constitution under Article 13. The Universal Declaration of Human Rights (UDHR) provides under Art. 11: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.” The International Covenant on Civil and Political Rights (ICCPR) under Art. 14 (2): “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” The African Charter on Human and People’s Rights (ACHPR) provides under Art. 7 (b): “The right to be presumed innocent until proved guilty by a competent court or tribunal.” The presumption of innocence requires that there be no pronouncement of guilt of the defendant by responsible public officials prior to a finding of guilt by a court of law.  Moreover, the “confessions” obtained in this docutrash are in flagrant violation of the prohibition on coerced  admissions and confessions and the exclusionary rule in Article 19 (5) which provides that  the accused “shall not be compelled to make confessions or admissions which could be used in evidence or against them. Any evidence obtained under coercion shall not be admissible.”

The sad irony in the case against the Muslim “terror suspects” is that the kangaroo court which issued the injunction against the broadcasting of the docutrash will not have the integrity or the guts to throw out all of the “confessions” or impose  other sanctions including criminal contempt citations against those who willfully disobeyed its order and/or dismiss with prejudice the case against the defendants for such an egregious and outrageous violation of their fair trial rights.

Frankly, I must confess that I take a bit of perverse pleasure in being fully vindicated. For years, I have been saying that there is no rule of law in Ethiopia and the courts are kangaroo courts puppet-mastered by the political bosses. Is there any doubt now that the miscarriage of justice has become justice in Ethiopia?

A desperate dictatorship and the art of sewage politics

With this docutrash, the dictators in Ethiopia have proven not only that they can get lower than a snake’s belly in a wagon rut but also that they are the grandmasters of  sewage politics. The fact of the matter is that the only proven cases of terrorist carnage in Ethiopia were committed by the regime. In “Akeldama”, the regime claimed “131 terrorist attacks; 339 citizens killed; 363 injured and 25 kidnapped and killed by terrorists” over the preceding decade. However, the official Inquiry Commission established by Meles Zenawi determined that in just a few days following the election in May 2005, security troops under the personal control and command of Meles Zenawi  massacred 193 unarmed protesters in the streets and severely wounded another 763. The Commission concluded the “shots fired by government forces [which were intended] not to disperse the crowd of protesters but to kill by targeting the head and chest of the protesters.” In September 2011, the world  learned “Ethiopian security forces (had) planted 3 bombs that went off in the Ethiopian capital Addis Ababa on September 16, 2006  and then blamed Eritrea and the Oromo resistance for the blasts in a case that raised serious questions about the claims made about the bombing attempt against the African Union summit earlier this year in Addis Ababa, Ethiopia.” It was the U.S. Embassy in Addis Ababa which conducted its own “clandestine reporting” and fingered “GoE (Government of Ethiopia) security forces” for this criminal act. If all other acts of state terrorism committed against Ethiopian civilians were to be included, the body count would be in the hundreds of thousands. Those who point an accusatory index finger to tar and feather others with charges of terrorism  should be careful to see which way the other three fingers are pointing.

“Jihadawi Harekat” is a smear campaign designed to vilify, malign, demean and marginalize Ethiopian Muslims. It is a vicious propaganda effort aimed at poisoning the centuries-old peaceful relations between adherents of the Islamic and Christian faiths in Ethiopia. It is an outrageous piece of propaganda designed to promote irrational fears of Muslims and Islam in Ethiopian society and facilitate the creation of conditions that will eventually lead to the  persecution, discrimination and exclusion of Muslims  from the political, social, economic and  public life of the nation. “Jihadawi Harekat” is out-and-out Islamophobia.

We should never tolerate or yield to Islamophobia in Ethiopia!

Release all political prisoners in 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 

    

  

Ethiopia: Kangaroo Justice for Two Swedish Journalists

Alemayehu G. Mariam

Johan Persson and Martin Schibbye in Kangaroo Court 

The old adage is that “ignorance of the law is no excuse.” Could it be said equally that arrogance excuses ignorance of the law? Dictator-in-chief Meles Zenawi recently proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while visiting Norway. He emphatically declared that the duo had crossed into Ethiopia from Somalia with insurgents of the Ogaden National Liberation Front (ONLF) as terrorist accomplices and collaborators: “They are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.”

At a “court” hearing last week, Persson denied the charges: “My intention was to do my job as a journalist and describe the conflict. Nothing else. Not guilty.” Schibbye admitted “entering the country without proper documentation. For that I am guilty and I apologize to the government of Ethiopia. But I am not guilty of terrorist activity.” Shimeles Kemal, the “chief prosecutor” was full of hyperbole when he laid out his “legal” case in a press conference. He claimed the two journalists “entered the country with a gang of terrorists. They have even been trained in using weapons. They are accused of abetting and rendering professional assistance to terrorists. Their activities go a bit beyond just journalistic news gathering.”

Criminalizing, demonizing and dehumanizing journalists, opposition leaders and dissidents as “terrorists”, “insurrectionists”, “treasonous” traitors, etc. isZenawi’s signature M.O. (method of operation). When Zenawi jailed editors of several newspapers following the 2005 elections, he described them in much the same way: “For us, these are not just journalists. They will not be charged for violating the press laws. They will charged, like the CUD leaders, for treason.” This past June, Zenawi ordered the arrest and detention of two young and dynamic journalists, Woubshet Taye, deputy editor of the weekly Awramba Times and Reeyot Alemu, columnist for the weekly Feteh, on fuzzy accusations of terrorism. Last month, Zenawi’s “chief prosecutor” ordered the arrest and detention of the distinguished Ethiopian journalist Eskinder Nega “for conspiring with terrorist organizations such as Ginbot 7 and other foreign forces who wanted to wreak havoc in the country through their terrorist activities.” When Zenawi wants to jail journalists, he simply brands them as “terrorists” or smears them with a similar label and carts them off to jail.

The Committee to Protect Journalists roundly condemned Zenawi’s statement as “compromising” the Swedish journalists’ human right to a “presumption of innocence and for predetermining the outcome of their case”. But much more is compromised, including the rule of law, principles of due process and fair trial, the universal principle that it is the accuser, and not the accused, who bears the burden of proof in a criminal case, the principle that guilt is proven in a court of law with an independent judiciary and not before a full court press or the court of international opinion. Ultimately, Zenawi’s statement compromised justice itself.

When Zenawi tagged these two journalists as “terrorist messenger boys” and “participants in the actions of a terrorist organization”, he had in fact sealed their fate and pronounced the final word in kangaroo justice. There is no way that Persson and Schibbye could possibly get a fair trial or not be convicted following such an outrageous and egregiously depraved statement by Zenawi.

Difference Between Journalists and Terrorists 

Zenawi sarcastically mocked the two Swedish journalists by rhetorically asking if what they did is “journalism, I don’t know what terrorism is.” Zenawi is entitled to some basic clarification by means of concrete examples. War crimes (“the wanton destruction of cities, towns and villages, and any devastation not justified by military or civilian necessity [Geneva Convention]” are acts of state terrorism. So are crimes against humanity (“widespread or systematic attack directed against any civilian population, murder, forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, torture, [Rome Statute]”.  The “systematic use of violence to create a general climate of fear in a population and thereby to bring about a particular political objective” by an “extremely powerful political police against an atomized and defenseless population” is plain old-fashioned terrorism that is familiar to the average Ethiopian citizen.

When journalists are embedded with a regular or an irregular military unit and go into a conflict or war zone, they are engaged in “combat journalism”. When journalists dig for facts in places where there is an official news blackout, they are engaged in investigative journalism. When journalists undertake dangerous assignments and cover stories firsthand from a war zone, they are often called war correspondents. When independent reporters, writers and photojournalists accept specific assignments to cover particular stories, they are engaged in freelance journalism. It is because of freelance journalists that the world has come to know so much about the war crimes and human rights abuses that took place in such places like Kosovo, Angola, Sierra Leone, Lebanon, Afghanistan, Iraq, Liberia and many other places.

Oftentimes insurgent and rebel groups distrust professional journalists affiliated with established news organizations. They are more likely to cooperate with freelance journalists who often take great risks to their own safety to undertake firsthand investigations by entering a country at war or in conflict without a visa. Schibbye has been a foreign correspondent and freelance journalist for several newspapers, including The Times, Amelia and Proletären. He has worked in Algeria, the Philippines, Cuba, Syria and Vietnam, among other countries. Persson has worked with Kontinent, a Swedish photojournalist agency, for several  years and taken many dangerous assignments in various countries including the Democratic Republic of Congo and South Sudan. Both are professional journalists, and until now have never been suspected of any terrorist activity or involvement of any kind by any other country or international agency.

The Human Right to a Fair Trial 

Zenawi seems to be uninformed, willfully ignorant or recklessly indifferent to the human rights of the two journalists. The fact of the matter is that Persson and Schibbye are presumed to be innocent of any and all charges of “terrorism” until they have been given a fair chance to defend themselves and their guilt proven beyond a reasonable doubt by their accusers in court.  So says the Ethiopian Constitution under Art. 20 (3): “During proceedings accused persons have the right to be presumed innocent.” So says the Universal Declaration of Human Rights (UDHR) under Art. 11: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.” So says the International Covenant on Civil and Political Rights (ICCPR) under Art. 14 (2): “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” So says the  African Charter on Human and People’s Rights (ACHPR) under Art. 7 (b): “The right to be presumed innocent until proved guilty by a competent court or tribunal.” Art. 13 (2) of the Ethiopian Constitution provides double guarantees: “The fundamental rights and freedoms enumerated in this Chapter shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.” (Also art. 9 (4).) Ethiopia ratified the UDHR in 1948, the ICCPR in 1993 and the ACHPR in 1998.

Article 13(1)  mandates Zenawi to respect and enforce the provisions of the Constitution, including Article 20 (3). He violated his constitutional duty under Art. 9 (2) by publicly declaring the guilt of  Persson and Schibbye and characterizing them as “messenger boys of terrorists”, “participants in terrorism” and terrorist accomplices before they have had a chance to present a defense and a determination of their guilt made by a fair and neutral tribunal.

The presumption of innocence is the “golden thread” in the laws of all civilized nations. It is the gold standard of fundamental fairness which places the entire burden of proof in a criminal case on the state. It is the singular duty of the prosecution representing the state to present compelling and legally admissible evidence in court to convince the trier of fact that the accused is guilty of the charges beyond a reasonable doubt. Persson and Schibbye guilt is not to be proven in a press conference in Oslo or in the court of public opinion.

The presumption of innocence requires that there be no pronouncement of guilt of the defendant by responsible officials likely to have a role or influence the judicial process prior to a finding of guilt by a court. Even when prosecutors make statements concerning the defendant to inform the public on the status of their investigation or articulate their suspicion of guilt, they have a legal and ethical duty to do so in a factual manner and narrowly limited to the allegedly violated laws, while always exercising reasonable care not to unduly prejudice the defendant’s right to a presumption of innocence or improperly influence the fact finder. 

Trial by Diktat 

Expecting a fair trial in kangaroo court is like expecting democracy in a dictatorship. Persson and Schibbye will be convicted by Zenawi’s diktat just as the journalists and opposition leaders were convicted before them. Following the 2005 election, Zenawi publicly declared: “The CUD (Kinijit) leaders are engaged in insurrection — that is an act of treason under Ethiopian law. They will be charged and they will appear in court.” They appeared in “court” and were convicted. In December 2008, Zenawi railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, to prison on the bogus charge that she had denied receiving a pardon. She was not even accorded the ceremonial kangaroo court proceedings. Zenawi sent her  straight from the street into solitary confinement by diktat and sadistically delcared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.”  He “pardoned” her in October 2010.  In 2009, Zenawi’s right hand man labeled 40 defendants awaiting trial “desperadoes” who planned to “assassinate high ranking government officials and destroying telecommunication services and electricity utilities and create conducive conditions for large scale chaos and havoc.” They were all “convicted” and given long sentences. For Zenawi, court trials are nothing more than circus sideshows staged for the benefit of  Western donors who know better but go along to get along.

No Fair Trial Possible for the Swedish Journalists in Kangaroo Court 

Everyone knows the charge of “terrorism” against Persson and Schibbye is bogus. It is a trumped up charge made by prosecutors who are directed, pressured, threatened and politically manipulated. Everyone knows there are no independent judges who preside in cases involving defendants facing “terrorism” and other political charges. Everyone knows the so-called judges in terrorism “trials” are party hacks and lackeys enrobed in judicial regalia. This is not the conclusion of a partisan advocate but the considered view of the U.S. Government and various international human rights organizations. Human Rights Watch concluded in its 2007 report: “In high-profile cases, courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because  of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.” The  2010 U.S. State Department Country Reports on Human Rights Practices concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence.”

Everyone also knows that there is no such thing as the rule of law in Ethiopia because dictatorship is very antitheses of the rule of law. Zenawi’s diktat is “The Law”, which trumps the constitution and all  international human rights conventions. Ethiopia’s former president and parliamentarian Dr. Negasso Gidada described the so-called antiterrorism law as a tool of legalized terrorism which “violates citizens’ rights to privacy” and the “ rights of all peoples of Ethiopia…Such laws are manipulated to weaken political roles of opposition groups there by arresting and prosecuting them using the bill as a cover. Another major opposition leader, Bulcha Demeksa, described the same “law” as a “a weapon designed by the ruling party not only to weaken and totally eliminate all political opponents.” In other words, the “anti-terrorism law” under which the two Swedish journalists are charged is a weapon of mass incarceration and intimidation of political opponents and journalists, mass persecution of the political opposition and mass oppression of the civilian population.

The Silence of Sweden

Swedish Foreign Minister Carl Bildt has been severely criticized for his apparent indifference and failure to help the two Swedish journalists or even publicly demand their release in light of the bogus terrorism charges. Critics argue that Bildt dragged his feet and failed to secure their release in the crucial first days of the detention of the two journalists because of a potential conflict of interest as the two journalists were also investigating the activities of a company affiliated to Lundin Petroleum, a Swedish oil group which has natural gas operations in the Ogaden. Bildt is said to have served as board member of Lundin Petroleum, prior to becoming foreign minister. In January 2009, Swedish International Development Cooperation Minister Gunilla Carlsson issued a statement declaring that the “imprisonment of Birtukan Midekssa is a source of great concern both for her personally and for democratic development in Ethiopia. The scope for democracy and pluralism is shrinking in Ethiopia. The imprisonment of Mrs Midekssa and the recently adopted law regulating the activities and funding of NGOs (non-governmental organisations) are examples of this negative development.”

Swedish journalist and writer Bengt Nilsson has argued that Sweden for decades has turned a blind eye as its development aid has been used to support dictatorships and finance wars in Africa. The Swedish government’s “new policy for Africa” claims to be based upon “economic growth, deeper democracy and stronger protection of human rights as  the basis for development in Africa.” How the Swedish government will “deal” its way out of the “crisis” of the two journalists will show if  Sweden will continue to support African dictatorships or use it aid dollars to help democratize Africa and protect the human rights of the African peoples.

What is the Kangaroo Trial of the Swedish Journalists Really About? 

Back in August 2010, Zenawi announced he will close his embassy in Sweden because “there is no development cooperation program of any substance between us and Sweden. There is no major trading relationship between us and Sweden, and no significant investment coming from Sweden to Ethiopia. It was not worthwhile to have an embassy [in Sweden]”. Diplomacy for Zenawi is striclty business. Without being too cynical, one could surmise that the terrorism charge against the two Swedish journalists is intended to provide a diversionary cover for Zenawi’s real agenda. Given Zenawi’s past M.O., it is manifest that he aims to use this opportunity to extract some major concessions from the Swedes:  “If they want Persson and Schibbye freed, it’s gonna cost ’em. What are the Swedes willing to pay? How about reopneing the aid pipeline? After all, Ethiopia is the first country to have received Swedish aid back in 1954. How about some cash loans? Increased trade? Perhaps new investments? It is said that the largest investor in the whole of Sweden is an Ethiopian.” Let’s make a deal!

There is no way Zenawi could jail Persson and Schibbye for fifteen years as terrorists. He will galvanize Swedish and European Union public opinion against him personally and very possibly trigger devastating sanctions that will completely paralyze his regime. Even the Americans who have been turning a blind eye for all these years may finally take a look and tell Zenawi enough is enough. So, there is no question that after the kangaroo court circus is over Persson and Schibbye will be released. As usual, Zenawi will grandstand and declare the two journalists have been pardoned and released after they admitted guilt, expressed remorse and so on. The Swedes and some of the Western countries will play their part and congratulate him for doing the right thing and acting magnaimously; and he will continue with business as usual—more Ethiopian journalists will be jailed and threatened, dissidents harassed and opposition leaders persecuted. But the lesson remains the same: By manufacturing a bogus crisis, Zenawi, true to form, would have once again outwitted, outfoxed, outsmarted, outmaneuvered, outpoliticked, outtricked, outfinessed and outplayed his timorous Western benefactors. As the old saying goes, one has to give the devil his due for a job well done!  Bravissimo!

Release all political prisoners in Ethiopia, NOW!

Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ andhttp://open.salon.com/blog/almariam/