The
Ethiopian Federal High Court on January 19, 2012, convicted three Ethiopian
journalists, an opposition leader, and a fifth person under an anti-terrorism
law that violates free expression and due process rights, Human Rights Watch
said today. The Ethiopian government should immediately drop the case, release
the defendants, and investigate their allegations of torture in detention.
The journalists are WoubshetTaye Abebe of the now-closed weekly newspaper Awramba Times, Reeyot AlemuGobebo of the weekly
newspaper Feteh, and Elias Kifle,
editor of the online Ethiopian Review, who was tried in absentia.
An opposition leader, ZerihunGebre-Egziabher Tadesse of the Ethiopian National Democratic Party,
and a woman named HirutKifle Woldeyesus were also convicted. All five were
convicted of conspiracy to commit terrorist acts, which carries a sentence of
15 years to life imprisonment or death, as well as of participating in a
terrorist organization. They were also convicted of money laundering under the
Ethiopian criminal code. Their sentencing is expected on January 26.
“The verdict against these five people confirms that Ethiopia’s anti-terrorism
law is being used to crush independent reporting and peaceful political dissent,”
said Leslie Lefkow, senior Africa researcher at Human
Rights Watch, “The Ethiopian courts are complicit in this political
witch-hunt.”
The case was marred by serious due process concerns. The defendants had no
access to legal counsel during their three months in pretrial detention, and
the court did not investigate their allegations of torture and mistreatment in
detention.
Public comments by government officials have undermined the defendants’
presumption of innocence. A government spokesman, Shimeles
Kemal, told Human Rights Watch in a telephone interview in September that Reeyot and Woubshet had been
involved in planning terrorist acts. In October Prime Minister MelesZenawi told the Ethiopian
parliament that the authorities had conclusive evidence that the journalists
and political opposition members arrested under the law were guilty of
terrorism.
Both Woubshet and Zerihun
alleged in court that they had been tortured, including being beaten, and
mistreated during their pretrial detention at Addis Ababa’s notorious Maekelawi prison. None of the defendants were granted
access to legal counsel during their pretrial detention. Local sources told
Human Rights Watch that these complaints of mistreatment have not been
investigated by the court.
Families and friends of the defendants have been granted visiting rights at Kaliti, where the defendants were transferred once the trial
started in September 2011.
The evidence submitted by the prosecution only emphasizes the government’s
political motivations behind the prosecutions, Human Rights Watch said.
According to the charge sheet, which Human Rights Watch examined, the evidence
consisted primarily of online articles critical of the government and telephone
discussions notably regarding peaceful protest actions that do not amount to
acts of terrorism. Furthermore, the descriptions of the charges in the initial
charge sheet did not contain even the basic elements of the crimes of which the
defendants are accused. Two individuals attending the trial told Human Rights
Watch that the prosecution put forward no evidence of involvement in terrorist
acts.
“Getting a fair trial in a political case in Ethiopia today may be impossible,” Lefkow said. “The prosecution should drop the charges
against these defendants and instead investigate their allegations of torture.”
Human Rights Watch has repeatedly raised serious concerns about Ethiopia’s
Anti-Terrorism Proclamation of 2009, including its overly broad definition of
“terrorist acts,” which can include acts of peaceful protest that result in the
“disruption of any public services”. The law also includes vague provisions
that proscribe support for, or encouragement of, terrorism, which can include
public reporting on banned terrorist groups.
The provision on pretrial detention allows suspects to be held in custody for
up to four months without charge, one of the longest periods in anti-terrorism
legislation worldwide. The provision violates due process rights guaranteed
under Ethiopian law and international law, Human Rights Watch said.
The ruling comes one month after two Swedish journalists were sentenced to 11
years in prison on charges of “rendering support to terrorism,” based on their
having illegally entered Ethiopia to investigate and report on abuses in the Ogaden area. Since June 2011, at least two other people
have been convicted under the law and 24 others have been charged, including
six other journalists and three opposition party members.
“Within the space of a month five journalists and one political opposition
leader have been sentenced under ludicrous provisions in Ethiopia’s
anti-terrorism law,” Lefkow said. “The worst
provisions in the law should be immediately amended to prevent further abuse
and ensure that the law conforms to international standards.”
