The Plight of Andualem Aragie and Other Political Prisoners in Ethiopia
The “Gulag” prison system in the old Soviet Union was infamous for warehousing and persecuting dissidents and opponetns. The gulags were used effectively to weed out and neutralize opposition to the Soviet state. They were the quintessential tools of Soviet state terrorism. Some called them “meat-grinders” because of the extremely harsh and inhumane conditions. Torture, physical abuse by prison guards, solitary confinement, inadequate food rations and officially instigated inmate-on-inmate violence were the hallmarks of the gulags.
filthy and overridden with lice, fleas and huge rats… a violent, disease-ridden place, with inmates fighting and coughing blood… 250 or so Ethiopian prisoners jammed in the cell protect the two [Swedish] journalists, pray for them and jokingly call their bed ‘the Swedish embassy’.
The U.S. State Department Country Reports on Human Rights Practices in Ethiopia (April 2011) documented:
…Human rights abuses reported during the year included unlawful killings, torture, beating, and abuse and mistreatment of detainees and opposition supporters by security forces, especially special police and local militias, which took aggressive or violent action with evident impunity in numerous instances; poor prison conditions; arbitrary arrest and detention, particularly of suspected sympathizers or members of opposition or insurgent groups; detention without charge and lengthy pretrial detention… Numerous reliable sources confirmed in April 2009 that in Maekelawi, the central police investigation headquarters in Addis Ababa, police investigators often used physical abuse to extract confessions.
… torture and ill-treatment have been used by Ethiopia’s police, military, and other members of the security forces to punish a spectrum of perceived dissenters, including university students, members of the political opposition, and alleged supporters of insurgent groups… Secret detention facilities and military barracks are most often used by Ethiopian security forces for such activities.
I asked to go into the compound where the prisoners are kept. This consisted of a long yard with a shed to one side which provided some sort of shelter. The compound had a wall around it and a watchtower for an armed sentry overlooking it. Inside must have been 70 – 80 inmates, all in a filthy state. There was insufficient room for all these people to lie down on a mat at once. There was no lighting. The place stank of faeces and urine. There appeared to be no water or sanitation facilities within the compound. There was a small hut in an adjacent compound for women prisoners but there had been no attempt by anybody to improve the circumstances of the place. The prisoners were mostly on remand for minor crimes, in particular theft. Some had been there for months….
Col. Dewars concluded:
Detention conditions of prisoners are a disgrace and make the Federal Police vulnerable to the Human Rights lobby…. The prison I saw was a disgrace. No one is recommending a Hilton Hotel, but, if any human rights organization were to get inside an Ethiopian jail, they would have enough ammunition to sink all our best efforts.
Col. Dewars
recommended that the Government should investigate this situation with the intention of improving the current appalling conditions inside Ethiopian prisons, which must brutalise prisoners and their goalers equally… and that senior Ethiopian Ministers and Police Officers visit the prison that I visited.
Over the past several years, I have written extensively on torture and mistreatment of political prisoners in Ethiopia. In my numerous columns on the incarceration of former judge Birtukan Midekssa, the first woman political party leader in Ethiopian history, and other political prisoners, I have pointed out the “soft torture” techniques used to crush her spirit and break her body. She was subjected to prolonged solitary confinement, sleep deprivation, visitation deprivation, daily humiliation and mindless interrogation. Birtukan faced untold suffering in prison. Zenawi could not bear the thought of Birtukan going free; and in a moment frustrated defiance declared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” In the end she prevailed and became free. Just last week in Washington, D.C., she presented her study on the challenges confronting the Ethiopian opposition and offered specific recommendations for strengthening multi-party democracy in Ethiopia as a Reagan-Fascell Fellow with the National Endowment for Democracy.
This inmate is notorious for his assaultive behavior inside the prison. He has a long record of violence and abuse of inmates. He is known to receive special accommodations for being a prison enforcer for the authorities. Rumors are rife that prison authorities paid the criminal a substantial sum for beating Andiualem.
Prior to his arrest on bogus terrorism charges, Andualem was a rising leader in the UDJ and served as its spokesperson and external relations officer. Andualem is among a new breed of young Ethiopian political leaders, journalists and civil society advocates who are widely respected and accepted. In the months leading up to the May 2010 “election” in which Zenawi claimed a 99.6 percent victory, Andualem demonstrated his unflinching commitment to democracy and the rule of law. With breathtaking clarity of thought, razor-sharp intellect, incredible courage, mesmerizing eloquence, piercing logic, stinging wit, masterful command of the facts and steadfast adherence to the truth, Andualem made mincemeat out of Zenawi’s vacuous lackeys in several televised pre-“election” debates. It was a sight to behold.
In September 2011, Andualem and 23 other individuals were “accused under the anti-terrorism law of being members of a terrorist network and abetting, aiding and supporting a terrorist group.” Earlier this month, a group of independent United Nations human rights experts (U.N. Special Rapporteurs) condemned the so-called anti-terrorism law and diplomatically cautioned that “the anti-terrorism provisions should not be abused and need to be clearly defined in Ethiopian criminal law to ensure that they do not go counter to internationally guaranteed human rights.” Andualem and the others are expected to have their day in kangaroo court on March 5.
Torture, Abuse and Plausible Deniability
Plausible deniability is the ability to deny a fact or allegation, or previous knowledge of a fact by shifting blame on someone else. In Andualem’s case, plausible deniability allows Zenawi’s regime to deny any awareness or knowledge of a criminal or criminally negligent act by its officials or unofficial agents in the prison. By allowing a notoriously violent criminal to assault Andualem, they aim to plausibly avoid responsibility. In other words, they have sought to remove their fingerprints, handprints, palmprints and footprints from the cowardly criminal act perpetrated on Andualem. But their MO (modus operandi) is well known. Whether they acted through their goons uniformed as prison guards or their deputized convicted thugs, they are exclusively responsible for the safety of all pretrial detainees like Andualem. Regardless of how one looks at it, what happened to Andualem, and has happened to other political prisoners countless times, represents a clear case of extrajudicial punishment (torture) in violation of Ethiopia’s Constitution and international human rights conventions.
Speaking of Constitutional and International Law…
The Ethiopian Constitution provides specific safeguards for the safety and protection of pre-trial detainees awaiting trial. Article 16 guarantees that “Everyone has the right to protection against bodily harm..” Andualem has the constitutional right to be secure from violence while awaiting trial. Article 110 of the Ethiopian Criminal Code (Proclamation No.414/2004) specifically requires that “prisoners who are sentenced to rigorous imprisonment or special confinement shall be kept separate from prisoners who are serving a sentence of simple imprisonment or awaiting judgment.” The criminal thug who assaulted Andualem should have never been allowed in the area reserved for pre-trial detanees. Article 18 provides, “Everyone has the right to protection against cruel, inhuman or degrading treatment or punishment.” The savage beating of Andualem in plain sight of prison guards constitutes “cruel, inhuman or degrading treatment or punishment”. Article 20 provides that, “During proceedings accused persons have the right to be presumed innocent until proven guilty according to law…” Since Andualem has not been found guilty “according to law”, he is innocent of the charges and should have been accorded his rights consistent with that presumption. Article 21 guarantees that “All persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity.”
International law protects all prisoners, and particularly political prisoners, from inhumane and barbaric treatment. Under Article 13 of the Ethiopian Constitution, the “fundamental rights and freedoms enumerated… shall be interpreted in a manner consistent with the Universal Declaration of Human Rights [UDHR], international human rights covenants and conventions ratified by Ethiopia.” Article 5 of the UDHR (incorporated by express reference in Art. 13 (2) of the Constitution of the Federal Democratic Republic of Ethiopia) prescribes that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 10 of the International Covenant on Civil and Political Rights (ICCPR) (ratified by Ethiopia on June 11, 1993 and similarly incorporated) provides that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”
The U.N. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) (Principle 8) specifically provides: “Persons in detention shall be subject to treatment appropriate to their unconvicted status. Accordingly, they shall, whenever possible, be kept separate from imprisoned persons.” Article 1 of the Declaration Against Torture (1975) defines torture as “… any act by which severe pain and suffering, whether physical or mental, is intentionally inflicted by, or at the instigation of a public official on a person for such purposes as …punishing him for an act he has committed; or intimidating him or other persons…” Article 16 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (acceded to by Ethiopia on April 13, 1994) mandates that signatories “shall undertake to prevent… acts of cruel, inhuman or degrading treatment or punishment…” Article 5 of the African [Banjul] Charter on Human and Peoples’ Rights (ratified by Ethiopia on June 15, 1998) prohibits, “all forms of exploitation and degradation of man particularly… torture, cruel, inhuman or degrading punishment and treatment.” The U.N. Basic Principles for the Treatment of Prisoners (1990) provide that “all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights and other Covenants. Articles 7 and 8 of the Rome Statute of the International Criminal Court include torture as a crime against humanity and a war crime.
I write about the law on the protection of the rights of political prisoners to set the record; for I know that preaching the law to outlaws is like pouring water over granite.
In the end, we will remember not the words of our enemies, but the silence of our friends,” said Dr. Martin Luther King… Nothing is more important and uplifting to political prisoners than knowledge of the fact that they are not forgotten, abandoned and forsaken by the outside world. Remembrance gatherings at town hall meetings such as this one serve to remind all of us who live in freedom the divine blessings of liberty and the unimaginable suffering of those trapped in the darkness of dictatorship.
Andualem Aragie and countless political prisoners in Ethiopia reamin trapped in the darkness of dictatorship. They have been beaten down and brought to their knees. We cannot hear their whimpers of pain and desperation. Few, other than their tormentors, will be able to see their mangled bodies. Because they have no voice, we must be their voices and speak on their behalf. Because they are walled in behind filthy and subhuman prison institutions, we must unflaggingly remind the world of their suffering. We must all labor for the cause of Ethiopian political prisoners not because it is easy or fashionable, but because it is ethical, honorable, right and just. In the end, what will make the difference for the future of Ethiopia is not the brutality, barbarity, bestiality and inhumanity of its corrupt dictators, but the humanity, dignity, adaptability, audacity, empathy and compassion of decent Ethiopians for their wrongfully imprisoned compatriots. That is why we must join hands and work tirelessly to free all political prisoners held in Ethiopia’s public and secret gulags. “Let the oppressed go free, and remove the chains that bind people.”
Uncage Andualem Aragie and All Political Prisoners in Ethiopia!
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ and http://open.salon.com/blog/almariam/
