JAILED ETHIOPIAN OPPOSITION LEADERS AWAIT TRIAL ON

C O N F I D E N T I A L ADDIS ABABA 004202

SIPDIS

SIPDIS

DEPT FOR AF DAS YAMAMOTO, AF/E, AND DRL:K.GILBRIDE
ROME, PARIS, LONDON FOR AFRICA WATCHER

E.O. 12958: DECL: 12/23/2015
TAGS: PGOV PHUM KJUS KDEM ET
SUBJECT: JAILED ETHIOPIAN OPPOSITION LEADERS AWAIT TRIAL ON
TREASON CHARGES


Classified By: CHARGE D'AFFAIRES VICKI HUDDLESTON. REASON: 1.4 (D).


1. (SBU) SUMMARY. On December 21, seven weeks after being
detained by the Government as anti-government demonstrations
rocked the capital, senior leadership of the opposition
Coalition for Unity and Democracy (CUD),along with
independent journalists and members of civil society
organizations, finally received formal charges. As the
presiding judge refused defense requests to read the charges
against each defendant in the courtroom, and defense counsels
have limited access to detainees, specific charges facing
individual defendants remain unknown. However, the
Government states that the 57 defendants in custody, who the
Government alleges are part of a larger group of 131
individuals wanted for prosecution, face varying counts of
treason, armed uprising, attacking the integrity of the
state, and even genocide, all of which are capital crimes
that could result in either life imprisonment or the death
penalty. The defendants remain in custody; several have
serious health conditions, but none appear to be
life-threatening. Those named by the Government as remaining
at large include several Voice of America (VOA)
correspondents and cultural performers, most of whom live
abroad. Despite five appearances in court over the last
seven weeks, defendants remain in custody without bail. CUD
leaders are held in individual cells (while others are held
with numerous other detainees) at a special detention
facility. Although ICRC has not had access to them or this
facility, family members, lawyuers, and an Ethiopian human
rights group have been in continued contact. So far, the
Government has not formally presented evidence against the
defendants. Defense counsels believe that the court lacks
independence and has prejudged the outcome of what they
allege are politically motivated charges against a peaceful
opposition movement; the defense counsels also cite the lack
of precedence for any type of plea bargain, and the court's
continued delays in ruling on bail. International observers,
including USG representatives, have been present at recent
court proceedings. END SUMMARY.

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CUD LEADERS, JOURNALISTS, NGO REPS MAY FACE TREASON
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2. (U) Detainees include prominent members of the opposition
CUD party, including: CUD chairman Hailu Shawel; CUD vice
chair Bertukan Mideksa; CUD secretary general Muluneh Eyoel;
CUD executive committee members Dr. Yacob Hailemariam, Dr.
Befekadu Degfe, Gizachew Sheferaw, and Mayor Getachew
Mengiste; Prof. Mesfin Woldemariam and Addis Ababa
mayor-elect Dr. Berhanu Nega, who faced treason charges in
2001 after establishing the Ethiopian Human Rights Council;
and numerous members of the CUD's supreme council. The
detainees also include at least four newspaper editors or
owners (Andualem Eyele of "Ethop," Nardos Meaza of "Satenaw,"
and Dawit Kebede and Feleke Tibebe of "Hadar"); Netsanet
Demissie, Executive Director of the Organization for Social
Justice in Ethiopia, who also served as Chairman of the
Consortium of Civil Society Organizations to Monitor (the
June 2005) elections; and Daniel Bekele, Policy Director of
the NGO, ActionAid Ethiopia, which receives funding for civic
education from the UK Embassy. (NOTE: In a December 21
statement, the NGO Reporters Without Borders reports that 13
journalists are among the defendants, and that Ethiopia has
more imprisoned journalists (17) than any other country in
Africa. END NOTE.)


3. (U) On December 21, some 57 defendants appeared for the
fifth time in court. Many have been held in solitary
confinement since being detained in early November. Earlier
court decisions gave the police 14 days to gather additional
evidence, then another 10 days to gather evidence, then
instructed prosecutors to formally present charges in 14
days; formal charges were therefore expected to be announced
December 16. On December 21, the court proceedings
focused on whether defendants would be given the names and
addresses of the 367 witnesses whom prosecutors said they
would call; prosecutors argued that witnesses' identities
needed to be protected, in order to shield them from
retribution. Defense counsel and defendants themselves
(including Bertukan Mideksa, a judge and CUD vice chair)
argued that witnesses should be identified, but even if there
were not, the issue should not be an excuse for prosecutors
to delay presenting defendants with formal charges
(prosecutors questioned whether the names of witnesses should

be appended to the individual dossiers that were to be given
to each defendant). The December 21 court session concluded
with court officials handing each of the 57 defendants
individual dossiers specifying what charges they faced. The
presiding judge rejected defense requests to have the charges
formally read in court, but said defendants faced the
following counts under the Ethiopian penal code (some face
all seven counts, some face fewer):
-- Article 237: Revocation of the Decision (which specifies
conditions for a "fresh sentence to capital punishment or
rigorous punishment");
-- Article 238: Outrages against the Constitution or the
Constitutional Order (punishable by 3-25 years, or "in
serious crises against public security or life," by "life
imprisonment or death");
-- Article 239: Obstruction of the exercise of Constitutional
Powers (punishable by no more than 15 years imprisonment);
-- Article 240 (2): Armed Rising (sic) or Civil War
(punishable by life imprisonment or death);
-- Article 241: Attack on the Political or Territorial
Integrity of the State (punishable by 10-25 years "or in
cases of exceptional gravity, life imprisonment or death");
-- Article 248: High Treason (punishable by 5-25 years
imprisonment, "or in cases of exceptional gravity, with life
imprisonment or death");
-- Article 269: Genocide (punishable by 5-25 years
imprisonment, "or in more seious cases, with life
imprisonment or death").


4. (U) Prosecutors in the December 21 proceeding stated that
the 57 defendants were part of a larger group of 131, some of
whom were abroad. Among those named as being sought by the
Government were at least 2 VOA correspondents believed to be
in the United States (Solomon Kifle and Tiza Belachew),
author Negebe Goeze (believed to reside in Europe),actor
Tamgne Beyene, and Aregawi Berhe (former chairman of the TPLF
in the 1970s, and now a political scientist in the
Netherlands). Prosecutors also said legal entities accused
of crimes include the CUD, the Rainbow party, constituent
parties of the CUD, and several publishing companies
(presumably publishers of anti-government newspapers);
prosecutors did not provide additional details. In court
sessions to date, prosecutors have not yet presented any
evidence or made any arguments about specific criminal acts
the defendants are alleged to have committed; a dossier held
by court officials and reviewed by diplomatic observers on
December 21 appeared to be comprised primarily of internal
CUD documents (such as minutes of meetings),and a
compilation of newspaper articles from local media, all in
Amharic. In other contacts with Embassy officials, however,
the Government contends it has hundred of video tapes as well
as other evidence of insurrection.

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DEFENSE ATTORNEYS FEAR DEATH PENALTY MAY BE IMPOSED
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5. (C) While noting that Ethiopia's last execution occurred
two to three years ago (of a man convicted of murdering a
senior government official),lead attorneys for the detained
opposition members have expressed concerns that the
Government may seek the death penalty (we believe this
unlikely). In a November 28 meeting with Charge and visiting
AF DAS Amb. Donald Yamamoto, lead defense counsel Teshome
Gabre-Mariam Bokan said that statements made by the GOE's
criminal investigator during earlier remand hearings, as well
as reports in state-run media, suggested that those detained
would likely face prosecution under the articles named above
(NOTE: Teshome correctly predicted all the charges, except
for "revocation" and genocide. Genocide charges may apply to
defendants the Government contends are associated with the
Derg, e.g., Hailu Shawel and Professor Mesfin Woldemariam,
and their activities at that time. END NOTE.) Teshome
underscored the need for a political, rather than legal,
solution to the GOE's detention of CUD leaders and other
opposition members "It would be a mockery of justice to
think they would get a fair trial," he said, asserting
further that "the judges are hand-picked party cadres" and
expressing concerns that "evidence can be manufactured."
Fellow defense attorney Getachew Kitaw noted that the GOE and
ruling EPRDF party had already (i.e., in November) begun
denouncing the defendants in state-run media, and that the
House of People's Representatives had already received a
report from the Federal Police declaring them criminals.

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GOVERNMENT RESTRICTS ACCESS TO DETAINED OPPOSITION LEADERS
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6. (SBU) Both defense attorneys and immediate family members
complain that they have had limited access to the detainees,
who are not being held in a regular detention facility.
Family are allowed regular visits several times a week, but
the number who may visit at one time is restricted. Defense
attorneys are allowed to visit the detention center two days
a week (Wednesdays and Fridays),and have been confined to a
single room where only one attorney is allowed to meet with
one defendant at a time (authorities have recently decided to
allow two attorneys to meet with two defendants at any given
time). Individual meetings are limited to 30 minutes
duration. As court proceedings occur during the morning,
defense attorneys are effectively limited to visiting for
three hours in the afternoon, two days a week, and, at most,
can see 12 detainees a week. Defense attorneys have
therefore had difficulty ensuring that each of the dozens of
detainees have had the opportunity to consult with legal
counsel. On December 16, the presiding judge recommended
that detainees be given additional access by defense counsel
and family members.


7. (SBU) Post has made three formal requests via note verbale
to Foreign Minister Seyoum, requesting access to detainees.
One requested consular access to detainees that are legal
permanent residents of the United States. (NOTE: Despite
strong ties to the United States, e.g., Berhanu Nega's wife
is an Amcit and several detainees were prominent academics at
U.S. universities, none of the detainees are U.S. citizens.
Ethiopia does not allow dual citizenship; Ethiopians, if they
accepted U.S. citizenship, would not be allowed to hold
political office in Ethiopia. END NOTE.) Another request
sought access to detained CUD leaders for visiting AF DAS.
On November 18, Charge, as chair of the Ambassadors' Donors
Group, formally requested that the Government allow
representatives of the international community to visit
Dedessa, a Derg-era military facility where at least 18,000
individuals seized during mass arrests in Addis Ababa were
being detained. While the Government has provided no formal
written response to any of these requests, Grum Abay, the
MFA's director for North America and Europe, informed Charge
and DAS Yamamoto that all such requests went to Prime
Minister Meles, and that he had denied them. The Government
states that detainees at Dedessa have been released or
transferred, and that 3,000 remain jailed for minor offenses
(e.g., rock throwing) and will be released within a few
months.


8. (C) As of one week ago, ICRC Head of Delegation reported
that ICRC had not had access to the detention facility (where
Berhanu Nega and other CUD leaders are being detained) in
Addis Ababa for the last 16 months; ICRC has also not been
allowed access to Dedessa, although the Government does grant
ICRC access to approximately 250 other prison facilities
throughout the country. Ethiopian religious leaders,
including the director of the Ethiopian NGO Prison
Fellowship, have visited both facilities; lawyers and family
members have visited the facility in Addis Ababa.

9.(U) On December 21, the presiding judge reiterated his
recommendation that the 57 defendants be transferred to a
different facility; however, previous recommendations have
been ignored by the federal police. During the December 21
proceedings, police officals only announced that the
defendants would be moved to an undisclosed location;
defendants complained that their personal belongings had
already been transferred without their consent. Family
members later learned that the 57 defendants may be moved to
Kerchele, an Italian-built facility used as Addis Ababa's
main prison from the 1930s to 2004. The Government was to
vacate Kerchele and hand over the facility to the AU, but has
continued to use Kerchele, following the mass arrests
conducted after November anti-government disturbances in
Addis Ababa. Another possible site is Kaliti, located on the
outskirts of Addis Ababa: built by the Communist Derg regime
as a food processing facility for the army, and now used as a
prison for Derg and other former high officials.

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SELF-IMPOSED HUNGER STRIKE HARMING HEALTH OF OLDEST DETAINEE
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10. (C) At age 75 (DOB: April 1930),Professor Mesfin
Woldemariam, a former professor of geography at Addis Ababa
University, ex-Derg official, and founder of a prominent
human rights organization, is the oldest of the CUD and
opposition leaders detained by the Government in Addis Ababa
in early November. His daughter Zesimieyit Mesfin, reported
that as of November 30 Prof. Mesfin had "lost half of his
body weight," due to his refusal to eat anything except
coffee, water, and an apple a day, since his November 1
arrest. She said she was "shocked" at his appearance, when
she was allowed a 45-minute meeting with him on November 26.
Asked whether Prof. Mesfin would accept a hypothetical
amnesty or pardon, Zesimieyit said her father would not, as
it would be an acknowledgement of guilt. "He would never
leave this country, even for medical reasons," she said,
noting that her father suffered a collapsed spinal disk in
January, had been bedridden since July, and now walks with a
cane, but refuses to take any medication.


11. (C) According to his daughter, Prof. Mesfin "fasted" in
2001 as well, when he was detained for 1 month with Dr.
Berhanu Nega on charges of treason, following daily
denunciations in state-run media related to his role in
establishing the Ethiopian Human Rights Council (EHRCO).
Shawel Hailu, the adult son of CUD chairman Hailu Shawel,
asserted that the 2001 treason charges were part of a
Government strategy to keep both Mesfin and Berhanu out of
politics. In 2001, the Government released Mesfin and
Berhanu Nega on bail, following pleas from the USG, relatives
say, citing a phone call from then AF A/S to Prime Minister
Meles. Neither Mesfin nor Berhanu faced trial for the 2001
treason charges, although the Government held proceedings on
the 2001 charges two weeks ago. Family members do not
believe release on bail will be allowed now, however, as they
likely face aggravated charges of treason for which
prosecutors may seek the death penalty.


12. (SBU) Zesimieyit underscored that her father, while long
a human rights activist and an outspoken critic of the GOE,
was not a member of the executive committee of the opposition
CUD party. She also refuted allegations that he had worked
with the former Marxist Derg regime, claining instead that he
had actually contributed to the Derg's fall by presenting a
document on reconciliation to the Institute of Ethiopian
Studies that later became a petition signed by many opposed
to the Derg.


13. (SBU) Prof. Mesfin appeared in court on December 21,
delivering a brief statement complaining that the court's
refusal to identify the 367 prosecution witnesses it said it
would present, constituted a violation of human rights.
Mesfin also criticized the court's repeated delays in ruling
on bail, and asserted that if the court continued to violate
its own procedure, then defendants would have no need for
defense counsel, as they were not being permitted to do
anything. Mesfin appeared frail; it is not clear whether he
has continued or limited his hunger strike. Hailu Shawel
also suffers from serious health conditions; according to his
son, he suffers from diabetes, a sciatic nerve, and high
blood pressure. Hailu Shawel was hospitalized and did not
appear in court on December 16, but did appear in court on
December 21.

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FAMILY MEMBERS CITE IMPORTANCE OF USG INTERVENTION
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14. (SBU) Immediate family members of prominent CUD detainees
hail the importance of USG intervention in freeing Professor
Mesfin Woldemariam and Dr. Berhanu Nega when they faced
treason charges in 2001. They also seek assistance from
international human rights groups, stating that Western
attorneys could provide information on international human
rights standards to the Ethiopian defense counsels. Lead
defense counsel Teshome Gabre-Mariam Bokan notes that defense
counsels (16 were present on December 21) had been working
pro bono until now, as the defendants were held
"incommunicado". Now that the 57 defendants are formally
charged, and face different counts, defending them
individually will be more challenging. Teshome asid that the
defense attorneys are demoralized, unsure how they mount a
defense, and question the independence of the three-judge
panel hearing the case. Attorneys question what their
purpose is, nothing there there is neither any incentive nor
any precedent in Ethiopia to plea bargain.



15. (C) COMMENT: Recent proceedings, although conducted
entirely in Amharic, have been open to the public and print
media, and observed by several dozen representatives of
foreign diplomatic missions. However, observers and defense
counsels alike are concerned that the court may not be
observing even Ethiopia's own criminal procedure: defendants
have been held for seven weeks before receiving formal
charges, and that the court has continually delayed
consideration of bail. The prosecutors' announcement that
the 57 defendants will be charged individually, that they are
part of a larger group of 131 sought for prosecution, and
that the Government will call 367 witnesses, suggests that
final resolution of this trial could take years. Public
agitation with the Government's case against the CUD leaders
and others is growing: approximately 1,000 family members
and students from nearby Addis Ababa University demonstrated
at the entrance to the court compound on December 21; the
following day, police dispersed rock-throwing high school
students protesting against the opposition's detention. END
COMMENT.
HUDDLESTON