Statement issued by the illegally incarcerated Kinijit leadership

Unofficial translation: Seiyfu Demmissie

January 21, 2006

“Wubishit Solomon, a 17-year-old student, said he had been running from police when he was hit with a bullet that passed through his neck.” – AP on police firing into a crowd celebrating Ethiopian epiphany. At least two were killed, and over 34 wounded. (January 20, 2006)

To: all the people of Ethiopia and all members of the international community supporting the struggle for democracy and the respect of human rights.

A lawsuit designated “Ato (Mr.) Hailu Shawel and others” has been opened against the leadership of the CUDP, its members and journalists of the free press in connection with the crises of the May 2005 elections. The indictments filed against us are pure fabrications and politically motivated and we have thus decided not to take part in the proceedings and act as defendants. The higher court in its deliberations of June 5, 2005 has denied us the opportunity to make this decision officially known to the court.

Therefore, we have decided to reveal the document containing our decision to all the people of Ethiopia and members of the International Community supporting the struggle for democracy and the respect of human rights. 05-01-2006

To. The Federal High Court 2nd Criminal Bench
Addis Ababa, Ethiopia.
Re: Our withdrawal from the proceedings of the court

It is known that seven different charges have been filed against us, the leadership and members of the CUDP, and journalists of the free press under the lawsuit titled “Ato (Mr.) Hailu Shawel and others,” and we are under arrest.

Considering the charges against us, the legal process we have been subjected to following our arrest, the current judiciary system in our country, ways of bringing about democracy and lasting peace in our country, we present the following details and objection:

1. The charges are politically motivated.

The political crises that emanated from the rigging and theft of votes following the May 15, 2005 elections constitute the basis for the charges brought against us by the prosecutor. The crises were precipitated by the intransigence and refusal of the ruling party to enter into negotiations leading to a genuine political settlement. The determination on the part of the ruling party to crush any force raising the issues of human and political rights has resulted in the crises.

The charges are meant to remove the political opposition and the free press from the political arena of the country. Thus they do not have any legal ground and cannot be resolved in the legal process as our evidences below indicate.

1.1. The CUDP and the government had held repeated discussions prior to November 1. 2005. The CUDP`s methods of struggle are totally democratic and are in line with the internationally accepted norms of the civilized world.

The 8 demands put forward to the government by the CUDP were in accordance with the provisions of the constitution and contribute to the building of a democratic system in the country. They also meet international standards and have no connection to overthrowing the constitutional order as claimed by the prosecutor.
The CUDP has pursued its democratic path and has not given in to threats from the leaders of the EPRDF and that is why we have been falsely accused of plotting to overthrow the legal order.

Prior to our arrests, the prime minister had pronounced the sentences we would receive. He made intimidating statements offering us the following options: to go into exile, to wage a guerilla war, live with bowed heads or languish in prison for the rest of our lives. The prime minister declared these options as a clear evidence of what is in store for us if we do not accept the results of the rigged elections and enter parliament. The premeditated trial is based on the threats of the prime minister who warned us of the consequences if we do not take up our allotted seats in the parliament. The prime minister has made it clear that failure on our part would bring about charges that entail life imprisonment and no right to bail.

The Prime Minister Meles acted as a plaintiff, an eyewitness and a jury to charge us with fabricated accusations aimed at keeping us in prison for the rest of our lives. Thus, the prime minister has already pronounced the sentences in the trial. The prosecutor has indicted us as per the decisions and order of the prime minister and shunned his responsibility of upholding the rule of law. We have refused to go into exile, give up our struggle or yield in, and been thrown into prison.

1.2. The accusations are part of political ploys aiming at splitting and weakening
the CUDP. They do not have any legal ground whatsoever other than creating
divisions for the sole purpose of isolating and attacking one side.

1.3. Some of us the indicted have been intimidated to join the parliament and persuade others to do so after the incidents that took place in the beginning of November, 2005. We refused to bow to pressure from the ruling party and continued the struggle and these led to our indictment. We were presented with the options of meeting the demands of the ruling party or face charges and we are now charged because of our choice of staying our political course. This attests to the politically vindictive nature of the charges filed against us.

1.4. Some of us have been indicted for refusing to act as false witnesses against our fellow party members. This also shows how the ruling party is busy searching for false witnesses to be used against us.

1.5. Those of us who were incarcerated from the region of eastern Gojam have remained in prison since September 25, 2005. However, they have been falsely charged for the disturbances that occurred on November 2 and 3 2005, for refusing to abandon the CUDP.

1.6. The members or journalists of the free press have been charged with baseless accusations. The indictments are part of the political decisions intended to abolish and destroy the free flow of information and the free press in the country. The journalists have not committed any act that warrants prosecutions when viewed in terms of the country’s press laws.

2. Accusations without evidences of crimes committed

2.1. The charges that have their roots in the rigged May 2005 election results are fabricated in as a pretext to incarcerate, weaken and destroy the opposition.

The handling of criminal charges is clearly provided in the penal code articles 111,112 and 113. The current charges are, however, not in accordance with these articles and are meant only to accomplish the wishes of the ruling party. All the criminal charges leveled against us do not contain the legal and material ingredients. They do not show any criminal participation including who, how and when the crimes were committed.

The charges were simply prepared to be used as political tools by the power holders.

2.2. The evidences presented were based on party documents seized and their use for indictment violates the criminal code of the country. Our offices were broken into and taken control of as if there was war and these offices were run by an enemy. We have no ideas as to how these seized documents would be altered as evidences for the indictments. Members of the police and security forces who searched the homes and offices of the accused brought with them false evidences and used them against the defendants. They also filmed defendants from eastern Gojam together with cache of arms and ammunition obtained from the government depot. They used this as evidence against the accused.

3. The partisanship of the judiciary system

The defendants have been summoned to court several court sessions to hear bail cases and the main charges. Our basic legal rights have been severely violated on these occasions and we were not treated as equals before the law. The court has played the role of the prosecutor and was not ready and willing to attend to our defense cases. The court was greatly influenced by the police and the prosecutor and reversed the decisions it has taken. The court has served as an additional attacking weapon of the politicians. The court has served as a cover and tool for the ruling party to wipe out the political opposition and the free press. The presence of a free court could have enabled us to expose the true motives of the charges. However, our past and present experiences with the judiciary system in the country show us that we do not expect justice to be delivered by these courts.

Although we know that the election board and the courts were never independent, the CUDP was respecting the rule of law and tried that rigged votes be investigated by the courts. Besides, when the prime minister declared a state of emergency the CUDP turned to the court pointing the illegality of the move. The court dismissed the case and closed the file. The other example is when the election board was announcing the election results every evening in contravention of the existing rules, the CUDP had once again tried to use the legal system to stop the illegal activities. However the court endorsed the unlawful deeds of the election board. All the decisions of the court were done under the influence of the government and show that the judiciary is not operating independently.

Therefore, we the accused do not wish to be accomplices to a repressive system that uses the judiciary system as a tool. Consenting to and taking part in the court proceedings based on fabricated charges is tantamount to collaboration with the system. Thus the ongoing court proceedings are meant to carry out the wishes of the ruling party, meaningless and do not deliver justice. We thank all Ethiopians living inside and
outside the country, political and civic organizations interested in Ethiopian political affairs, the International community, prominent political figures and personalities and all those standing for free press, the respect of human rights and democracy. We hope that you all stand with us until the demands of the Ethiopian people are properly answered.

We call on the Ethiopian peoples revolutionary democratic front (EPRDF) to abandon violence and come to the negotiations. We also call on those the members of the EPRDF who are not blinded by petty benefits to join our struggle. We ask to show the courage to dissociate yourselves from the forces of destruction.
The People of Ethiopia!! We all the members and supporters of The CUDP inside and outside the country shall continue the peaceful struggle for the respect of human rights with more determination and vigor. The peaceful struggle should continue until the ruling party comes to negotiations and settlements.