Sunday March 14, 2010
Arrests and unlawful killings in Ethiopia:
Annual Human Rights Report
US Bureau of Democracy, Human Rights, and
Labor
Ethiopia is a
federal republic led by Prime Minister Meles Zenawi and the Ethiopian
People's Revolutionary Democratic Front (EPRDF) coalition. The population is
estimated at 77 million. In the 2005 parliamentary elections, the EPRDF won
a majority of seats to remain the ruling party for a third consecutive
five-year term. In local and by-elections held in April 2008, the EPRDF and
allied parties took virtually all of the more than three million open seats
contested nationwide. Prior to the vote, ruling coalition agents and
supporters used coercive tactics and manipulation of the electoral process,
including intimidation of opposition candidates and supporters. Political
parties were predominantly ethnically based, and opposition parties remained
splintered. During the year fighting between government forces, including
local militias, and the Ogaden National Liberation Front (ONLF), an
ethnically based, nationalist, insurgent movement operating in the Somali
Region, resulted in continued allegations of human rights abuses,
particularly diversion of food aid from intended beneficiaries suffering
from a severe drought. While civilian authorities generally maintained
effective control of the security forces, there were numerous instances in
which elements within those forces acted independently of government
authority.
Human rights abuses
reported during the year included unlawful killings, torture, beating, abuse
and mistreatment of detainees and opposition supporters by security forces,
often acting with evident impunity; poor prison conditions; arbitrary arrest
and detention, particularly of suspected sympathizers or members of
opposition or insurgent groups; police, administrative and judicial
corruption; detention without charge and lengthy pretrial detention;
infringement on citizens' privacy rights, including illegal searches; use of
excessive force by security services in an internal conflict and
counterinsurgency operations; restrictions on freedom of the press; arrest,
detention, and harassment of journalists; restrictions on freedom of
assembly and association; violence and societal discrimination against women
and abuse of children; female genital mutilation (FGM); exploitation of
children for economic and sexual purposes; trafficking in persons; societal
discrimination against persons with disabilities and religious and ethnic
minorities; and government interference in union activities, including
harassment of union leaders.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
Security forces committed arbitrary and politically motivated killings
during the year.
Government forces, including militias, and armed elements of the ONLF
were responsible for targeted killings in the Somali region during the year
(see section 1.g.).
On January 7, local police shot and killed Debasu Yengusie Mengesha and
teacher Gobeze Wudu, residents of Yetnora kebele (neighborhood) in the
Amhara Region while they were leaving a bar. The perpetrators were detained
and remained under investigation at year's end.
On February 25, students at Gedo Secondary School (West Shoa Zone,
Oromiya region) found a flier containing hateful remarks about Oromos. When
the school principal delayed in investigating the case, Oromo students
refused to attend classes and demonstrated inside the school compound. The
principal called local police, who ordered students to disperse. When they
refused, police shot and killed Wendimu Damena, a 19-year-old student.
Another student, 20-year-old Belay Motuma, was shot in the chest and
remained hospitalized at year's end. Two students, Berecha Folesa and Tamari
Melaku Weyesa, were arrested during the demonstration and were released on
bail on March 9. On March 17, six school administration employees and one
agricultural bureau employee, all of whom were opposition Oromo People's
Congress (OPC) candidates in the 2008 local elections, were arrested and
charged with inciting violence. The case remained pending at year's end.
In October 2008 local police and militia in Zeba kebele (Dejen woreda,
East Gojam zone, Amhara Region) shot and killed three brothers--Yayeh Yirad
Assefa, Negusu Assefa, and Temesgen Assefa. The brothers were reportedly
suspected of killing a militiaman from Najima kebele on the same date. There
was no official investigation into the incident.
There were no developments in the July 2008 killing of opposition
political party All Ethiopia Unity Party (AEUP) supporter Aschalew Taye.
In 2007 Welelaw Muche, a supporter of the former opposition party
Coalition for Unity and Democracy (CUD) in Enamrit town (West Gojjam zone,
Mecha woreda, Amhara region) was shot and killed, reportedly by a government
militiaman. On May 6, a government newspaper acknowledged the death but said
that the killer remained unknown.
According to a May government report, Tamene Tadesse, Gue town security
chief, was charged with use of excessive force and was sentenced to 15 years
in prison for the 2007 fatal shootings of two students in Gue town (Oromiya
region).
There were no developments in any cases of other 2007 killings.
Addis Ababa and other areas experienced bombings that killed civilians
during the year. Although no one claimed responsibility, the government
charged the bombings were the work of insurgent groups or agents of Eritrea.
On April 14, a land mine exploded in the Danakil Depression area of the Afar
Region, killing two persons and wounding two. The government claimed the
South Red Sea Rebel Liberation Front was responsible, although this remained
unconfirmed.
There were no developments in the following 2008 bombing cases: the
Humera public bus bombing; the Humera school explosion; the Addis Ababa gas
station bombing; the minibus bombing allegedly committed by the Oromo
Liberation Front (OLF); the bombing of two hotels in Negele Borena, Oromiya
region; the Merkato bombing; and the Jijiga hotel bombing.
On December 15, two hand grenades thrown into a crowded cafe in Kebri
Dehar town, Somali region, killed one woman and wounded nine. The government
claimed the perpetrators were four Eritreans supporting the rebel Ogaden
National Liberation Front. Perpetrators are in police custody pending
investigation.
Clashes between ethnic clans during the year resulted in hundreds of
deaths (see section 6).
b. Disappearance
There were reports of politically motivated disappearances.
In February 2008, Alexander Gebre Meskel, a 40-year-old resident of
Kirkos subcity, Addis Ababa, disappeared. He previously reported to his
family that he was being followed by security forces. His whereabouts
remained unknown at year's end.
There were no developments in the 2008 disappearances of Ethiopian
Teacher's Association members Tilahun Ayalew and Anteneh Getnet.
There were no developments in the following reported 2007 disappearances:
Yohannes Woldu Girma Tesfaye Ayana, Befekadu Bulti Merri, Mulatu Gebremichel,
Ismail Blatta, Daniel Worku, and Amha Yirga.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit the use of torture and
mistreatment, there were numerous credible reports that security officials
tortured, beat, and mistreated detainees. Opposition political party leaders
reported frequent and systematic abuse and intimidation of their supporters
by police and regional militias.
Numerous reliable sources confirmed that in Maekelawi, the central police
investigation headquarters in Addis Ababa, police investigators often used
physical abuse to extract confessions. Several political prisoners who were
held at Maekelawi and other nontraditional detention facilities
independently alleged in credible detail that they and other detainees were
tortured in police station jails in attempts by security officials to elicit
confessions before their cases went to trial. Abuses reportedly include
being blindfolded and hung by the wrists for several hours, bound by chains
and beaten, held in solitary confinement for several days to weeks or
months, subjected to mental torture such as harassment and humiliation,
forced to stand for more than 16 hours, and having heavy objects hung from
the genitalia. The government generally denied reports of torture in
detention centers and did not respond to specific reports of abuse.
Several of the defendants in the Ginbot Seven trial, who were arrested on
April 24 and charged with attempting to engage in terrorist activities,
reported harsh physical abuse and torture during pretrial interrogations. On
November 13, defendants reported to the court that they were tortured by
prison guards. A government spokesman denied the allegations. In December
the Federal High Court convicted 40 defendants, pronouncing death sentences
on Berhanu Nega, Muluneh Eyoel, Andargachew Tsige), Mesfin Aman (all charged
in absentia), and Melaku Teferra.
The court pronounced life sentences on 33 convicted defendants: Alehubel
Amare (charged in abstentia); Yaregal Yimam (charged in abstentia); Dan
(full name not available; charged in abstentia); Aweke Afewerk (charged in
abstentia); Dereje Habtewold (charged in abstentia); Daniel Assefa (charged
in abstentia); Chekol Getahun (charged in abstentia); Efrem Madebo (charged
in abstentia); Fasil Yenealem (charged in abstentia) Brigadier General
Teferra Mamo; Asamnew Tsige; Tsige Habtemaryam; Mengistu Abebe; Lt. Col.
Solomon Ashagre; Lt. Col. Alemu Getenet; Major Mesekere Kassa; Lt. Col.
Getachew Berele; Captain Temesgen Bayleyegn; Getu Worku; Lt. Col. Fantahun
Muhaba; Lt. Col. Abere Asefa; Major Misganaw Tessema; Yeshiwas Mengesha;
Emawayish Alemu; Lt. Col. Demsew Anteneh; Yeshiwas Mitiku; Gobena Belay;
Amerar Bayabil; Goshirad Tsegaw; Wudneh Temesgen; Yibeltal Birhanu; Major
Mekonen Worku; Kifle Sinshaw.
The court sentenced two convicted defendants--Major Adugna Alemayehu and
Major Adefris Asaminew--who had pled guilty to 10 years in a maximum
security prison and deprivation of civil rights for four years.
There were no developments in the February 2008 beating of Gelaye Tadele
while in local police custody in Arba Minch town of the Southern Nations
region.
There were no developments in the 2007 case of Ayena Cheri, who was
arrested on suspicion of being a member of the OLF and who has alleged
repeated severe beatings while in detention.
Nine of the 37 CUD members arrested and tortured in 2006 remained in
prison at year's end.
Prison and Detention Center Conditions
The country has three federal and 117 regional prisons. There are several
unofficial detention centers operating throughout the country, including in
Dedessa, Bir Sheleko, Tolay, Hormat, Blate, Tatek, Jijiga, Holeta, and
Senkele. Most are located at military camps and were allegedly used as
overflow detention centers following mass arrests.
Prison and pretrial detention center conditions remained harsh and in
some cases life threatening. Severe overcrowding was common, especially in
sleeping quarters. The government provided approximately eight birr ($0.60)
per prisoner per day for food, water, and health care. Many prisoners
supplemented this with daily food deliveries from family members or by
purchasing food from local vendors. Medical care was unreliable in federal
prisons and almost nonexistent in regional prisons. Water shortages caused
unhygienic conditions, and most prisons lacked appropriate sanitary
facilities.
While statistics were unavailable, there were some deaths in prison due
to illness and poor health care. Prison officials were not forthcoming about
reports of such deaths. Several pardoned political prisoners had serious
health problems in detention but received little treatment. In Shashamene
Correctional Facility, four inmates died during an epidemic in 2008 due to
lack of medical attention, according to a report by the Ethiopian Human
Rights Commission (EHRC).
In December 2008 the EHRC reported there were 80,974 persons in prison,
of whom 2,123 were women and 487 were children detained with their mothers.
Juveniles were often incarcerated with adults, sometimes with adults who
were awaiting execution. Men and women prisoners were generally, but not
always, separated. Authorities generally permitted visitors but sometimes
arbitrarily denied visit requests. In some cases family visits to political
prisoners were restricted to a few per year. Pretrial detainees were often
held together with convicted prisoners.
During the year the International Committee of the Red Cross (ICRC)
visited regional prisons only but remained barred from visiting any sites in
the Somali region. The government continued to prevent ICRC representatives
from visiting police stations and federal prisons throughout the country
including those where opposition, civil society, and media leaders were
held. Regional authorities allowed the ICRC to meet regularly with prisoners
without third parties being present. The ICRC also continued to visit
civilian Eritrean nationals and local citizens of Eritrean origin detained
on alleged national security grounds.
The local nongovernmental (NGO) Prison Fellowship Ethiopia (JFA-PFE) was
granted access to various prison and detention facilities, including federal
prisons. JFA-PFE operated a "model" prison in Adama with significantly
better conditions compared with other prisons. JFA-PFE reported that the
government was supportive of their efforts. The government also periodically
granted diplomatic missions access to regional prisons and prison officials,
subject to advance notification.
During the year the government established regional "Justice Forums"
throughout the country to improve coordination among the Ministry of Justice
(MOJ), Regional Security, and the Prison Administration. The government
increased the budget allocated for constructing new prisons to alleviate
overcrowding.
d. Arbitrary Arrest or Detention
Although the constitution and law prohibit arbitrary arrest and
detention, the government frequently did not observe these provisions in
practice.
Role of the Police and Security Apparatus
The Federal Police Commission reports to the Ministry of Federal Affairs,
which is subordinate to the parliament; however, this subordination is loose
in practice. Local militias also operated as local security forces largely
independent of the police and military. Corruption remained a problem,
particularly among traffic police who routinely solicited bribes. Impunity
also remained a serious problem. According to sources at government
agencies, the government rarely publicly disclosed the results of
investigations into abuses by local security forces, such as arbitrary
detentions and beatings of civilians. The federal police acknowledged that
many of its members as well as regional police lacked professionalism. In
July the Addis Ababa Police Commission fired 444 staff members, including
high-ranking officials, for involvement in serious crimes including armed
robbery, rape, and theft. There were no prosecutions of those dismissed.
The government continued efforts to train police and army recruits in
human rights. During the year the government continued to seek assistance
from the ICRC, JFA-PFE, and EHRC to improve and professionalize its
human-rights training and curriculum by including more material on the
constitution and international human rights treaties and conventions.
JFA-PFE conducted human rights training for police commissioners and members
of the militia.
Arrest Procedures and Treatment While in Detention
Authorities regularly detained persons without warrants and denied access
to counsel and family members, particularly in outlying regions. Although
the law requires detainees to be brought to court and charged within 48
hours, this generally was not respected in practice. While there was a
functioning bail system, it was not available in murder, treason, and
corruption cases. In most cases authorities set bail between 500 and 10,000
birr ($40 and $800), which was too costly for most citizens. Police
officials did not always respect court orders to release suspects on bail.
With court approval, persons suspected of serious offenses can be detained
for 14 days and for additional 14-day periods if an investigation continues.
The law prohibits detention in any facilities other than an official
detention center; however, there were dozens of unofficial local detention
centers used by local government militia and other formal and informal law
enforcement entities. The government provided public defenders for detainees
unable to afford private legal counsel, but only when their cases went to
court. While in pretrial detention, authorities allowed such detainees
little or no contact with legal counsel. Police continued to enter private
residences and arrest individuals without warrants (see section 1.f.).
Opposition party members consistently and credibly reported that in small
towns, authorities detained persons in police stations for long periods
without charge or access to a judge, and that sometimes these persons'
whereabouts were unknown for several months. Opposition parties registered
many complaints during the year that government militias beat and detained
their supporters.
On April 24, security officials detained 32 persons allegedly affiliated
with Ginbot Seven, an external opposition group, for their suspected
involvement in a terrorist assassination plot. Those charged included
several current and retired army officers, including two generals, along
with senior opposition political figures. Those detained were held for more
than a month without charges while police gathered evidence, during which
time family members were not informed of their whereabouts. The detainees
were denied pretrial access to legal counsel, and several alleged
mistreatment while in detention. On August 6, the Federal High Court found
13 other defendants guilty in absentia, one not guilty in absentia, and the
32 who were detained were ordered to present their defense cases. Of the 32,
the court acquitted five defendants on November 19. On December 22, the
court sentenced 40 Ginbot Seven defendants: five to death, 33 to life terms,
and two to 10 years' imprisonment.
On May 27, customs authorites detained Ethiopian Human Rights Council (EHRCO)
chairman and prominent human rights lawyer Abebe Worke and Voice Of America
(VOA) reporter Meleskachew Amha for allegedly attempting to illegally sell
imported duty-free publishing equipment that belonged to Addis Broadcasting
Company (ABC), of which both were shareholders (see section 2.a.).
Meleskachew and Abebe were detained at the Customs Authority compound, not a
formal detention facility, for 12 days before being released on bail. Abebe
fled the country for fear of persecution. On July 15, the Federal First
Instance Court dropped all charges against Meleskachew due to lack of
evidence. Abebe was sentenced in absentia to one year's imprisonment and
fined 1.4 million birr ($112,000).
ABC General Manager Amelework Tadesse and three others were arrested on
the same date. Amelework was charged with attempting to illegally sell
duty-free equipment to a third party. The other cases were dropped due to
lack of evidence. Amelework's case was pending at year's end.
On June 1, Werebabo woreda, Bistima, town officials (South Wollo zone,
Amhara region) arrested EHRCO investigator Mulugeta Fentaw. Mulugeta was
returning home after investigating alleged cases of harassment of opposition
political party Unity for Democracy and Justice (UDJ) members in Bistima
town. While waiting at a bus stop, Werebabo woreda Security Chief Makonnen
Hussein confiscated Mulugeta's notebook, which contained sensitive summaries
of his interviews. Immediately thereafter, police accused Mulugeta of
stealing 2,000 birr ($160) and arrested him. At the police station he was
searched, and when police found only 200 birr ($16) in his possession, they
modified the charge to claim that he stole only 200 birr ($16). Mulugeta was
arrested and jailed for three days. He was brought to the woreda court on
June 3, where he was convicted and sentenced to eight months' imprisonment.
He appealed to the zonal high court. On July 17, the high court dismissed
the case, stating that such acts by the woreda court eroded public
confidence in the judiciary. The woreda administration appealed and brought
another charge of "tarnishing the reputation of woreda officials by bringing
false witnesses." Mulugeta again appealed to the high court, which dismissed
the case.
One of Mulugeta's defense witnesses, Alemu Abaineh, was arrested a couple
of days after testifying in court. He was accused of stealing and carrying
antitank grenades and plotting to attack the militia. He was sentenced to
four years' imprisonment. He appealed to the high court and was released on
bail. The trial continued at year's end.
According to government reports, of those opposition AEUP members
arrested at a Chendiba wedding in 2008, Wagnew Tadesse, Demissie Yehualla,
Kolagie Jegne, Teffera Akemu, and Setegne Tadege were released, while
Mekuanent Seneshaw, Alehegne Mekuanent, Kifle Tadege, and Endale Tadege
remained in prison at year's end, charged with holding an illegal political
gathering in the form of a wedding.
There were no developments in the 2007 case in which Kenyan authorities
turned over to the Ethiopian National Defense Forces (ENDF) 150 suspected
fighters in Somalia, at least 10 of whom remained in ENDF custody.
In October 2008 officials arrested at least 53 ethnic Oromos (possibly as
many as 200) for alleged support of the banned OLF. Of the 53 persons
arrested, 38 were released, and the cases of the remaining 15 were pending
at year's end.
In 2007 security forces arrested approximately 450 individuals, many of
whom were opposition party members, suspected of supporting the OLF or
carrying out terrorist activity. Of the 148 who remained in jail at the end
of 2008, 35 were sentenced during the year to four to 14 years'
imprisonment, while the remaining 113 were released.
Following a 2008 investigation on prison conditions, the EHRC reported
that the overwhelming majority of detainees in prisons were held on pending
charges. For example, only 10 percent of prisoners in Gambella prison had
been convicted and 46 percent of those in Addis Ababa. Some prisoners
reported being detained for several years without being charged and without
trial. A lack of modern record-keeping systems resulted in prisoners
sometimes not benefiting from parole and not receiving credit for time
served.
In May the director general of the Federal Police reported that 65
percent of the 45,000 criminal cases filed at the federal first instance
court in 2008 were eventually dropped due to lack of evidence or witnesses.
Amnesty
On September 10, regional authorities in the Amhara and Oromiya regions
granted amnesty to 9,612 prisoners.
On October 5, the government granted amnesty to 384 prisoners based on a
recommendation from the National Pardon Board.
On December 15, the government granted amnesty to 10 leaders and members
of the former Coalition for Unity and Democracy based on a recommendation
from the National Pardon Board.
e. Denial of Fair Public Trial
The law provides for an independent judiciary. Although the civil courts
operated with independence, the criminal courts remained weak, overburdened,
and subject to significant political intervention and influence.
Constitutional interpretation remains solely the responsibility of the upper
house of parliament, consisting exclusively of ruling party members, which
also handles judicial appointments and reviews judicial conduct. In practice
courts have discretion to convict defendants on charges not raised by the
prosecution.
The government continued to decentralize and restructure the judiciary
along federal lines with the establishment of courts at the district, zonal,
and regional levels. The Federal High Court and the Federal Supreme Court
heard and adjudicated original and appeal cases involving federal law,
transregional matters, and national security. The regional judiciary was
increasingly autonomous.
Regional offices of the federal MOJ monitored local judicial
developments. Some regional courts had jurisdiction over both local and
federal matters, as the federal courts in those jurisdictions had not begun
operation; overall, the federal judicial presence in the regions was
limited. Because of this, many citizens residing in rural areas did not have
reasonable access to the federal judicial system at any level and were
effectively forced to rely on traditional conflict-resolution mechanisms
such as the Elders' Councils. Several women complained of lack of access to
free and fair hearings in the traditional justice system because they were
excluded from participation in the Elders' Councils and because there was
strong gender discrimination in rural areas.
Some local officials believed they were not accountable to a higher
authority.
The judicial system severely lacked experienced staff, sometimes making
the application of the law unpredictable. The government continued to train
lower court judges and prosecutors and made effective judicial
administration the primary focus of the training. To address overcrowding,
in October the government allocated 147 million birr ($11.76 million ) to
construct five new courthouses in Addis Ababa and Dire Dawa.
In the country's judicial system, there are federal and regional criminal
courts. There are federal first instance courts, high courts, and the
Supreme Court. There are also regional first instance courts and high
courts. The Supreme Court maintains appellate authority over all courts.
The law provides legal standing to some preexisting religious and
traditional courts and allows federal and regional legislatures to recognize
decisions of such courts. By law all parties to a dispute must agree to use
a traditional or religious court before such a court may hear a case, and
either party can appeal to a regular court at any time. Shari'a (Islamic)
courts may hear religious and family cases involving Muslims. In addition
other traditional systems of justice, such as Councils of Elders, continued
to function. These customary courts resolved disputes for the majority of
citizens who lived in rural areas and generally had little access to formal
judicial systems.
The federal first instance court's seventh criminal branch, headed by
three judges, handled cases involving juvenile offenses and cases of sexual
abuse of women and children. There was a large backlog of juvenile cases,
and accused children often remained in detention with adults until officials
heard their cases. There were also credible reports that domestic violence
and rape cases were often significantly delayed and given low priority.
On July 7, the parliament passed the Anti-Terrorism Proclamation to
address growing terrorist threats. Several human rights organizations raised
concerns over the law's broad definition of terrorism, severe penalties,
broad rules of evidence, and discretionary powers afforded police and
security forces.
Criminal matters related to the military are handled by military
tribunals. Military tribunals may not try civilians except in cases of
national security. The military justice system lacked adequately trained
staff to handle a growing caseload.
On November 10, the Federal Supreme Court sentenced Judge Girma Tiku,
former president of the First Instance Court for Urban Affairs of Lideta
subcity, Addis Ababa, to seven years' imprisonment and a fine of 1,000 birr
($80) on corruption charges.
There were no developments in the two 2008 MOJ corruption cases against
judges.
Trial Procedures
According to the law, accused persons have the right to a fair public
trial by a court of law within a "reasonable time," a presumption of
innocence, the right to be represented by legal counsel of their choice, and
the right to appeal. However, in contrast with previous years and in limited
cases, closed proceedings took place, and at times authorities allowed
detainees little or no contact with legal counsel The court system does not
practice trial by juries. In principle those charged have a presumption of
innocence until proven guilty.
Judicial inefficiency, lengthy trial delays, and lack of qualified staff
often resulted in serious delays in trial proceedings. The Federal High
Court remained open for a month and a half during its regular recess period
in August and September to try to reduce the backlog of cases. The Public
Defender's Office provides legal counsel to indigent defendants, although
its scope and quality of service remained limited due to the shortage of
attorneys. Although the law explicitly stipulates that persons charged with
corruption are to be shown the evidence against them prior to their trials,
several credible sources reported that authorities routinely denied defense
counsel pretrial access to such evidence. The government did not establish
an execution date for the 19 former Derg officials sentenced to death in
2006 for crimes of genocide, treason, and murder. All remained on death row
at year's end, except Colonel Mengistu, who was in exile in Zimbabwe.
According to a May government report, religious leaders requested that the
government reduce the sentences of former Derg officials. The government had
not responded at year's end.
Political Prisoners and Detainees
Domestic and international NGOs estimated there were several hundred
political prisoners and detainees. There were numerous credible reports of
unlawful detention of opposition candidates and their supporters.
In September several opposition party leaders reported an intensification
of arrests of opposition supporters, especially in the Oromiya and Amhara
regions. Opposition parties published lists of members and supporters
arrested in the past three months, including more than 360 in the Oromiya
region and 230 in the Amhara region.
On July 4, Nimona Tuffa, a student at Hayume Medical College in Ambo and
an opposition OPC member, was picked up by Oromiya Regional Security
officials dressed in civilian clothes in Guder town. Nimona reported that
security officials, including Head of Security of West Shoa Zone Tesfaye
Sime, beat him, first in a nearby forest and later at the Ambo Oromo
People's Democratic Organization (part of the EPRDF coalition) office, where
they pressured him to sign a statement admitting he was a member of the OLF.
He eventually signed. When released, Nimona was hospitalized for severe
nerve-ending damage, hearing damage, and back injuries. The case was raised
with the government, but no action had been taken at year's end.
In November 2008 Lema Merga, Secretary General of OPC in Southwest Shoa
zone (Oromiya Region, central Ethiopia), reported he was picked up by local
security officials from Wolisso town without a warrant and transported 54
miles) to Sebeta town, where he was detained. He was released on November 21
without ever appearing in court.
In mid-October 2008 approximately 20 persons, including prominent Oromo
Federalist Democratic Movement (OFDM) member Makonnin Dheressa, were
arrested and placed under the custody of the Federal Army at the Army Camp
in Dembe Dollo. All were released before year's end.
In late October/early November 2008, police, local authorities, and
ruling party cadres arrested 16 second-tier leaders from various opposition
parties engaged in community outreach or opening new offices throughout the
country. On August 12, one of the defendants was found not guilty, and the
remaining 15 were ordered to present their defenses. Their cases remained
pending at year's end. For example, OFDM secretary general Bekele Jirata was
charged with recruiting and organizing OLF members, promoting OLF terrorist
activities, and financially supporting the OLF. Bekele Jirata was released
on bail on February 4, but his case was pending at the end of the year.
There was no development in the March 2008 arrest of opposition CUD
supporter Chaka Robi. He remained in police custody at year's end. No
charges were known to have been filed.
Popular singer Tewodros Kassahun (known as Teddy Afro) appealed
his 2006 manslaughter conviction, and the court reduced his sentence from
six to two years. He was released from prison on August 13. Some of Tewodros'
songs were critical of the government.
Opposition UDJ party president Birtukan Mideksa, whose pardon was revoked
and life sentence reinstated in December 2008, remained in prison throughout
the year. She was held in solitary confinement until June, despite a court
ruling that indicated it was a violation of her constitutional rights. She
was also denied access to visitors except for a few close family members,
despite a court order granting visitor access without restrictions. There
were credible reports that Birtukan's mental health deteriorated
significantly during the year.
At year's end several hundred other political detainees, including CUD,
ONLF, and OLF members, remained in prison.
In 2007 the government pardoned 71 individuals arrested following
demonstrations in 2005. The pardons permitted the defendants' future
political participation, but in practice the government continued to limit
that right.
Of the 52 individuals arrested in 2006-07 for alleged membership in the
insurgent Ethiopian Patriotic Front, 48 were sentenced during the year to
one to 15 years' imprisonment, three died while in prison awaiting trial,
and one was acquitted.
Civil Judicial Procedures and Remedies
Civil courts, which provided judicial remedy for alleged wrongs, were
generally viewed as independent and impartial. The law provides citizens the
right to appeal human rights violations in civil court; however, no such
cases were filed during the year.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law requires authorities to obtain judicial warrants to search
private property; however, in practice, particularly outside Addis Ababa,
police often ignored this law. Opposition party representatives claimed that
police sometimes used fraudulent search warrants to enter homes and commit
criminal acts, including extorting money. There were reports that members of
local militias robbed persons during the year in locations throughout
Oromiya.
There continued to be reports of police forcibly entering civilian homes
throughout the year.
For example, on April 16, Tirch kebele (Dejen woreda, Amahara region) and
woreda officials searched the house of Waltenegus Abate, vice chairman of
the AEUP in that woreda, without a warrant. Although officials accused him
of hiding armaments, none were found. Before leaving, local police
reportedly beat his seven- and 12-year-old daughters while inquiring about
his whereabouts and fired shots into the air. Waltenegus has been in hiding
since May. This incident marked the second attack against Waltengus' family.
In November 2008 kebele officials and woreda police reportedly abducted
Waltenegus and tied his hands while he was herding cattle, searched his
house without a warrant, found an AEUP card, beat him with rifle butts, and
threatened to kill him if he did not stop accusing woreda police of
torturing persons.
In July 2008 at 6 p.m., reliable reports established that, police, Bahir
Dar City Administration, and kebele officials unlawfully searched the house
of Yeshi Tekle-Giorgis, resident of kebele 13 of Bahir Dar town, following a
disagreement with her landlord. The officials tried to force her to vacate
the house, but she told them she could not vacate the house so late in the
day. One of the police officers grabbed her and allegedly tried to strangle
her with the scarf she was wearing. He then pushed her, and she fell down
and fractured her arm. She reported the case, but no action was taken
against the police officer who attacked her.
In November 2008, police and local militia reportedly searched the house
of Tiringo Mengist without a warrant, a resident of Tirch kebele (Dejen
wereda, Amhara region), and accused her of aiding and abetting bandits. She
denied the accusation, and one of the police officers allegedly hit Tiringo
with his rifle butt on her side while another police officer repeatedly hit
her with a club. She reported the abuse to a local human rights
organization. No action was taken against the police officers.
All but three electronic communications facilities are state owned.
Political party leaders reported incidents of telephone tapping and other
electronic eavesdropping. In May a former employee of ETC, the state-run
monopoly telecom and Internet provider, reported from self-imposed exile
that the government had ordered ETC employees to unlawfully record citizens'
private telephone conversations.
The government used a widespread system of paid informants to report on
the activities of particular individuals.
Security forces continued to detain family members of persons sought for
questioning by the government. Kebele officials have been reported to go
from house to house demanding that residents attend ruling coalition
meetings. Residents are not arrested or harassed if they do not attend party
meetings; however, those persons who do not attend party meetings reportedly
have difficulty obtaining basic public services from their kebeles. Reliable
reports establish that unemployed youth who are not affiliated with the
ruling coalition have trouble receiving "support letters" from their kebeles
necessary to get jobs, and that unaffiliated poor residents have trouble
receiving subsidized wheat or other materials.
g. Use of Excessive Force and Other Abuses in Internal Conflicts
During the year fighting continued between government forces, including
government-backed and -affiliated militia, and the ONLF, an ethnically
based, nationalist, insurgent movement operating in the Ogaden area of the
Somali region, triggering widespread allegations of human rights abuses by
all parties to the conflict. Credible reports of human rights abuses
continued, including extrajudicial killings, torture, rape, abductions, and
arbitrary arrest by government soldiers. Deliveries of food and medicine
were restricted as a result of insecurity, lack of capacity, and military
restrictions.
Since it was outlawed in 1994, the ONLF has engaged in low-intensity
armed conflict with the government. The regional conflict in Somalia that
began in late 2006 spread to the Somali region and, allegedly fueled by
support from the Eritrean government, resulted in greatly increased armed
activity by the ONLF, whose members share ethnic ties with Somalis. During
the year another insurgent group, the United Western Somali Liberation Front
(UWSLF), had a limited presence in the region.
Since the military began significant counterinsurgency operations in the
Ogaden region in response to the April 2007 slaying of Chinese and domestic
oil exploration workers, the government has continued to limit the access of
diplomats, NGOs, and journalists to the Somali region, citing serious
security concerns. Human rights groups and others asserted that the
government denied access to the region to prevent potential critics and
observers from monitoring ENDF operations. The government allowed some
humanitarian access but restricted the ability to investigate human rights
abuses. Reports of human rights violations largely have come from interviews
with second-hand sources or alleged victims who have fled the Somali region.
NGO personnel have been compelled by ENDF and regular police officials to
report ONLF activity and faced beatings and death threats from these
entities if they did not comply. Some villagers reported that local
authorities threatened to retaliate against anyone who reports ENDF abuses.
Reliable sources reported increasingly violent ONLF attacks on police and
military elements during the year. Civilians, international NGOs, and other
aid organizations operating in the region reported that both the ENDF and
the ONLF were responsible for abuses and harsh techniques used to intimidate
the civilian population. Development workers reported being frequently
stopped for questioning by the ONLF. However, ONLF fighters were reported to
be generally supportive of development efforts and encouraged development
workers to continue their work. The UWSLF, in contrast, had a more hostile
attitude towards development workers
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