ETHIOPIA: EVIDENCE WEAK SO FAR IN OPPOSITION TRIAL

C O N F I D E N T I A L SECTION 01 OF 04 ADDIS ABABA 001539 SIPDIS SIPDIS DEPARTMENT FOR AF DAS YAMAMOTO AND AF/E LONDON, PARIS, ROME FOR AFRICA WATCHER E.O. 12958: DECL: 06/01/2016 TAGS: PHUM PREL PGOV ET SUBJECT: ETHIOPIA: EVIDENCE WEAK SO FAR IN OPPOSITION TRIAL REF: A. ADDIS ABABA 01402 ¶B. ADDIS ABABA 04202 Classified By: Charge Vicki Huddleston for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: In their case against detained opposition CUD leaders, independent journalists, and civil society representatives, the prosecution in late May presented video footage of internal CUD meetings in which the party leadership and some constituents debate whether or not MPs should take their seats in the Parliament. Prosecutors did a poor job of explaining how the videos proved a conspiracy to overthrow the government. In fact, video evidence depicted a lively, principled debate within the CUD, centered on whether to pursue power-sharing arrangements and what democratic reforms the party should press. The party eventually chose to drop demands for a unity government, but to boycott Parliament and "take peaceful measures" unless eight pre-conditions were met by the GOE. COMMENT: Most CUD Supreme Council members did not appear to have a realistic picture of the eventual consequences of pursuing a strategy of civil disobedience. The prosecution's case for treason charges is focused to date on CUD efforts to de-legitimize the democratic process and institutions in the eyes of the public. Considerable evidence remains to be presented, however, some of which might draw more direct connections to plotting violence. It is not yet clear whether the trial will recess for three months beginning in July, as is normal practice. Though prosecutors and judges are trying to speed up the trial, one judge told an observer he expects proceedings to continue until the end of the year. END SUMMARY. -------------- COHESIVE DEFENDANTS, INTERNATIONAL OBSERVERS -------------- ¶2. (SBU) Though they have now spent nearly six months in prison, the defendants continue to come to court reasonably well dressed, appear healthy, and are usually in good spirits. As they enter the courtroom at the beginning of each session, they typically greet each other warmly. They are contained in their roped-off section of the courtroom adjacent to the large area reserved for the public, separated by only five feet and a lone policeman. While verbal interaction with the public is not permitted, they share non-verbal greetings with friends and loved ones attending the trial. ¶3. (U) International observers have designated seats at a special table in the front of the courtroom, just a few yards from the prosecutors and translators' booth. Emboffs have attended most sessions of the trial, but also participate in a rotational arrangement among Western embassies and share written summaries of the proceedings. EU-contracted observer Michael Ellman attends all sessions, along with a UN observer seconded from the UN Mission to Ethiopia and Eritrea (UNMEE). The simultaneous translation provided by the court has been reasonably good. Both judges and some defendants frequently monitor the translation through headphones, presumably to evaluate how key evidence sounds to foreign observers. -------------- DOMESTIC PRESS COVERAGE LIGHT -------------- ¶4. (SBU) There appear to be only a few representatives of the Ethiopian press attending the trial. Local media provide only brief accounts of the evidence presented on a daily basis; Ethiopian law restricts journalists from writing in detail or giving opinions on an ongoing court case. While both state and private feature some regular coverage of the trial, which remains of enormous interest to the Ethiopian public, neither has typically given accounts of the trial front page or top-of-the-news billing. -------------- MINIMALIST PROSECUTION UNCONVINCING -------------- ¶5. (SBU) As per reftel A, the prosecutors begin each court session by announcing which videos will be played, the defendants who appear in the videos and what charges are related to the evidence. They typically direct the judges' ADDIS ABAB 00001539 002 OF 004 attention to particular segments of the videos according to minute marks on the footage, but play the tapes without interruption. There are no pauses for emphasis, nor detailed explanations from prosecutors of the criminal implications of key statements or decisions, as there might be in a U.S. trial. The result is a rather unfocused presentation. In sessions towards the end of May, judges appeared to push prosecutors to narrow the list of video evidence to be presented and discard those pieces determined to be less relevant to the specific charges. -------------- CUD SUPREME COUNCIL DEBATES BOYCOTT -------------- ¶6. (U) Video evidence presented May 17-19 featured CUD Supreme Council meetings from early October that the prosecution claimed were relevant to charges 1, 3 and 7 (reftel B),including conspiring to overthrow the government. In an initial Council meeting, members first agreed nearly unanimously to break off September talks with the GOE in the wake of GOE refusal to accept several new CUD demands. Council members agreed then agreed, after some debate, that the vote on whether or not to join Parliament should require a two-thirds majority in favor of whatever approach was chosen, given the importance of the decision and the need for cohesion within the Council. ¶7. (U) At their next meeting, the CUD Supreme Council meeting determined that the party would not enter Parliament unless eight pre-conditions were fulfilled. The eight-point list of pre-conditions was as follows: A restructured, impartial and professional National Election Board (NEB) Fair utilization of public media and establishment of private electronic media An independent judiciary An independent commission to investigate June violence Revision of the Parliamentary rules of procedure and changes to Addis by-laws Release of CUD prisoners and an end to harassment De-politicized security forces An independent task force to ensure implementation of all of the above Discussed and discarded were two other pre-conditions: An independent review of 299 disputed Parliamentary constituencies A national unity government ¶8. (SBU) The Council,s discussion, chaired by Bertukan and Muleneh, was free-flowing, intense and earnest. Although there were some speakers who seemed to favor entering Parliament, including Lidetu and Moshe of UEDP-Medhin, no one made an explicit case for that option. In the end, the vote was unanimous in favor of participating only if the pre-conditions were met. The overall sense the tape creates is of an organization that is unified on this momentous decision, (Comment: though post believes that significant differences of opinion did exist. End Comment.) The most contentious issues, discussed at length, were whether to continue contesting 299 seats and whether to insist on a national unity government. Ultimately CUD leaders decided that these two issues implied an immediate bid for power. What the CUD should focus on instead, they said, was fixing institutions and winning the next set of elections. ¶9. (C) The discussion, which was quite disorganized, suggested that the CUD Supreme Council members took a principled position on institutional shortcomings, rather than designing a strategy to overthrow the GOE. Only after the pre-conditions were established did members ask how long the CUD would give the EPRDF to agree to its demands, and what the party would do if the EPRDF said no. The group quickly agreed to leave the matter to the Executive Committee of the Party ) led by Hailu. Hailu told the Council that if the GOE did not agree to the pre-conditions, then &we will take our peaceful measures.8 The prosecutor, in presenting the video, had emphasized that the CUD,s establishment of pre-conditions for participation in Parliament called into question the independence of Ethiopian institutions including the NEB, the judiciary and the security forces. The ADDIS ABAB 00001539 003 OF 004 implications was that this act was tantamount to undermining the Constitution. -------------- CALL FOR CIVIL DISOBEDIENCE EMPHASIZES PEACE -------------- ¶10. (U) On May 24, the prosecution decided to forego showing three of four scheduled videos of press conferences dating from mid-October 2005. The remaining video that was shown featured a press conference on about October 10 led by defendants Gizachew Shiferaw, Muluneh Eyoel, Yacob HaileMariam, Birtukan Mideksa and Sileshi Andarge. The press conference had been called to discuss the CUD's call for a three-day, stay-at-home strike. Muluneh and Birtukan did most of the speaking during the 25-minute press conference. Muluneh said the Ethiopian people were commitment to democracy and did not want to live in fear of the security forces. CUD leaders also mentioned several times that party leaders "do not see EPRDF as an enemy;" want to "engage EPRDF in peaceful dialogue;" and encourage the "peaceful struggle of Ethiopians." In response to a question about the risks that civil servants could lose their jobs if they strike, CUD leaders claimed that "Ethiopians are prepared to die for the democratic cause" and that "their daily injera is a small price to pay." They noted that the international community had urged the CUD to take its seats in Parliament, but implied that the international community was ignorant about Ethiopian people if they think that taking their seats would make a difference in the "peaceful struggle." "Sitting in parliament is an easy job," they added, and would be "irrelevant because it would not effect the path that the Ethiopian people have chosen." -------------- CUD Consults with its Base -------------- ¶11. (U) The video shown on May 25 depicted a consultation with CUD constituents in Addis Ababa Woreda (district) 23, apparently from around July 2005. Defendants Hailu Shawel, Berhanu Nega and lower level CUD party members participated. The topic was again whether the CUD should take seats in the parliament. The prosecution stated the video supported charges 1 and 2. Hailu began by saying that those present at the meeting had voted for the CUD and "now was the time to consult because certain decisions have to be taken and the leadership wants their advice." Berhanu told the crowd that "EPRDF imprisons, kills, leads us to civil war and the abyss of hell for the sake of power," while "the CUD considers the national interest peace and unity foremost, and not power." He further outlined three principles for the CUD: - political struggle has to be peaceful - the aim of the struggle is peace, unity and prosperity for the nation - peace and democracy go together ¶12. (U) In the ensuing discussion, the general sentiment among constituents was for a boycott of Parliament. Ten speakers were in favor of a boycott, six were against and five undecided. Only one speaker felt peaceful means were exhausted and the struggle should continue with other means. He was immediately contradicted by Hailu, who argued that the CUD had not yet even begun the peaceful struggle. He went on to say that if the CUD boycotted Parliament, it would not be illegal, but the EPRDF would try to portray it as illegal. He told the group the CUD leadership would come up with a tactic of peaceful struggle that would bring Ethiopia &forward towards peace and democracy.8 ¶13. (U) The video concluded with Hailu outlining three possibilities of pressure on the government: 1) guns; 2) foreign governments; and 3) the people. He indicated that people are the most significant, and that peace and freedom go together. The &EPRDF wants peace with guns - but that is not freedom. The people will win, freedom will win and democracy will prevail.8 -------------- RAIN DELAY IN TRIAL? -------------- ¶14. (SBU) Ethiopian courts typically take recess during the ADDIS ABAB 00001539 004 OF 004 rainy season (July-September) and resume in October. Post has heard different accounts as to whether the highly-charged CUD trial will take a three-month break, or will make special arrangements to continue. Senior EPRDF operative Bereket Simon told the Charge and Pol/Econ Counselor May 30 that special arrangements could be made to pay judges and prosecutors "overtime" to keep them working during the rainy season, but did not appear certain whether or not this would happen. Meanwhile, the presiding judge told EU observer Michael Ellman (protect) that he expected the case to take "the rest of the year." -------------- -------------- COMMENT: IS IMPUGNING DEMOCRATIC INSTITUTIONS TREASON? -------------- -------------- ¶15. (C) Among those US Embassy Poloffs and other Western diplomats that have attended the trial to date, the general conclusion has been that the video tapes presented by the prosecution in late May actually weakened, rather than strengthened, the GOE,s treason case. The tapes underscored that at least at these pivotal, closed-door meetings, there was no discussion of violence. In fact, just the contrary. Furthermore, there is no evidence that the CUD Supreme Council as a whole developed a strategy to force the ERPDF out of power at all, much less through a violent conspiracy. The Council did not appear to have a very realistic sense of what was likely to follow its formulation of pre-conditions for participation in Parliament, appearing to believe that more negotiations might occur. From the standpoint of international observers, the GOE will now have to demonstrate that CUD detainees subsequently deviated from their stated intention to pursue "peaceful measures" to advance their agenda. The GOE still has much evidence left to present that might do just that. It seems, however, that the GOE considers the boycott of Parliament and establishment of pre-conditions that impugn the integrity of Ethiopian institutions as criminal acts in and of themselves. HUDDLESTON