ETHIOPIA: COURT GOES ON RECESS IN CUD TRIAL,

UNCLAS SECTION 01 OF 03 ADDIS ABABA 002179 SIPDIS SIPDIS DEPARTMENT FOR AF/E AND DRL: KGILBRIDE LONDON, PARIS, ROME FOR AFRICA WATCHER E.O. 12958: N/A TAGS: PHUM KJUS KDEM PGOV ET SUBJECT: ETHIOPIA: COURT GOES ON RECESS IN CUD TRIAL, PROSECUTION MAKES NO PROGRESS ON EVIDENCE REF: ADDIS ABABA 01987 ¶1. (SBU) SUMMARY. In the case against detained opposition Coalition for Unity and Democracy (CUD) leaders, independent journalists and civil society representatives, the court has been hearing arguments regarding admissibility of additional documentary evidence presented by the prosecution. Once this final portion of documentary evidence is completed, the prosecution plans to move on to the witness stage of the trial. However, the court has gone on summer recess, so the bench will not hear this evidence until October 5. Prisoner conditions continue to be an issue, though Berhanu Nega was recently moved to a better cell following his request and at the suggestion of his physician. In the final court session prior to recess, a number of prisoners expressed concern over the prison conditions during the two-month recess, requesting that the court continue to monitor the variety of issues they have raised. END SUMMARY. ¶2. (SBU) As has been the case throughout the trial, international observers attend each session. Michael Ellman, the human rights attorney contracted by the European Union to observe the trial, departed on July 28. He will be replaced by another EU observer, as yet unnamed. Lawyers Without Borders continues to send Ethiopian attorney Semere Kassaye to every session; however American observers have not attended since July 14. Semere later informed Poloff that LWOB has not sent additional American observers due to the recent infrequency of trial dates, as well as lack of clarity on when court would recess. -------------- BERHANU GETS MOVED, BUT OTHERS LESS FORTUNATE -------------- ¶3. (U) Defendants present in court continue to appear in good condition. Defendant Getachew Mengiste, hospitalized for several weeks following surgery, returned to court and was warmly greeted by fellow defendants. Journalist Serkalem Fassil also returned to court following extended hospitalization after premature delivery of her baby, who is now under the supervision of Serkalem's mother. ¶4. (SBU) Following requests to the court by defendant Berhanu Nega for transfer from his current cell shared with over 250 other inmates, as advised by his doctors, the bench ordered prison officials to relocate him to a cell more suitable for his fragile health condition. Berhanu was moved on July 27 to a cell with fellow defendant Mesfin Wolde-Mariam. Berhanu,s Amcit wife, Nardos Minassie, informed Poloff that his conditions are now significantly better and meet the guidelines of his physician. ¶5. (U) In addition to Berhanu, a number of other defendants had previously raised complaints to the court regarding their conditions while in prison. The bench did not respond individually to each case, but rather deliberated and gave a blanket ruling on July 19 stating that, "Judges at all levels (in the Ethiopian judicial system) have the obligation to observe the constitution and constitutional procedures, as well the human rights of individuals. Different articles of the constitution protect prisoners, and the Commission for Human Rights has the right to observe prison conditions. However, the complaints by the defendants are numerous and with little evidence. Complaints, such as living in a corrugated metal room with little light and ventilation, are not supported by objective evidence. Therefore, regarding the complaints by defendants that they are living in poor conditions, we cannot give any ruling." The exception to this was the bench's instruction to move Berhanu. -------------- -------------- DEFENSE PRESENTS OBJECTION TO DOCUMENTARY EVIDENCE -------------- -------------- ¶6. (U) Following the audio phase of evidence, the prosecution presented the original 91 documents submitted as evidence in January (reftel). They then intended to present 88 additional documents discovered since the start of the trial, and admitted by the bench as evidence. However, on July 24, as the prosecution was preparing to begin presentation to the court of the 'explanation' of the these 88 documents, the defense attorney for the ActionAid representatives (Daniel ADDIS ABAB 00002179 002 OF 003 Bekele and Netsanet Demissie) objected, saying that the defense had only that morning received a copy of the documents from the prosecution, and that they were entitled to review them prior to presentation. Further, they requested to cross-check the evidence with the court registrar, as a number of documents lacked the official court seal signifying official evidence. The bench granted a one-week period for review. On July 31, the defense attorneys and defendants Daniel Bekele and Netsanet Demissie read an extensive statement proclaiming that the 9 of the 88 documents that pertain to them are inadmissible and asking that they be thrown out, asserting that this evidence: -- Was found illegally: the police obtained some material without a search warrant; -- Is not authentic: that the documents had been falsified; -- Had no court seal to show they had been cross-checked with the original by the court registrar; and -- Is based on hearsay. In addition to the 8 documents that refer specifically to them, they complain that the evidence: -- Is redundant to previously submitted evidence; and -- Contains printouts from the internet, "copies of which are in many homes and offices in Ethiopia, probably even the Prime Minister's." -- Contained 10 documents produced after the charges were filed against the defendants. In their argument, Daniel cited articles in the criminal code to support inadmissibility. Additionally, they pointed out a number of errors that the prosecution had made in the 'explanation' of the documentary evidence, citing a number of incorrect references and other administrative oversights. They then used the above arguments to criticize the prosecution for the quality of the total body of evidence thus far produced against them, and further argued that their detention in light of such evidence is a violation of their rights. Despite further protests from the defense, the bench provided the prosecution three days to prepare a response. ¶7. (U) On August 4, lead prosecutor Shemelis Kemal read a 40-minute statement addressing the criticisms made by the defense. He began by stating that it is not only these 9 documents that refer to the ActionAid defendants (as they claimed),but in fact all of the 88 newly introduced documents should be considered as evidence against them. His reasoning was that since the prosecution considers all the defendants to be acting in "conspiracy in unison," then all the evidence that is presented is against all defendants. He went on to say, "The defendants involved in this conspiracy are equally responsible and should be held equally accountable." Regarding the complaint that some evidence was found illegally, the prosecution stated that under Ethiopian law, unless the evidence was collected by force (for which he said there is no proof in this case),then the evidence cannot be considered "illegally collected" if there was indeed a search warrant. In response to the claim that some evidence was not authentic, the prosecution said some documents are from the internet and that information on the internet "cannot be manipulated without permission from the webmaster of a site" or "without a password," and therefore it is impossible that the evidence was forged. Regarding the accusation that some evidence is hearsay, the prosecution said the disputed evidence are letters written by fellow defendant Elias Kifle (being tried in absentia) and that, furthermore, there is no specific law in Ethiopia that prohibits the use of hearsay as evidence. In addressing the ten documents produced after charges were filed against the defendants, the prosecution said, "This does not matter. What matters is that they support the charges." ¶8. (SBU) The bench announced it would rule on the admissibility of the additional documents until October. At the end of the August 4 session, the bench announced a recess until October 5, observing the traditional summer break by the High Court of Ethiopia. Shemelis privately informed Poloff that once the documentary evidence has been presented, the prosecution will call witnesses, but could not say how many (the original list suggested approximately 300). One of the other prosecutors separately acknowledged that the list of witnesses would be "shortened a bit." ADDIS ABAB 00002179 003 OF 003 -------------- -------------- DEFENDANTS CONCERNED ABOUT CONDITIONS DURING RECESS -------------- -------------- ¶9. (U) The August 4 announcement that the court would be on recess sparked a number of protests by defendants, as the only channel for their complaints will be through prison officials. The series of issues began with defendant Andualem Arage complained that he and fellow defendant Eskinder Nega had recently been put into solitary confinement for three days, with no reason provided. He further complained that he has been suffering a heart condition and has not received treatment. Upon being asked what he knew of the matter, the Director of Kaliti prison (who attends each session) answered simply, "Nothing." Defendant Birtukan Mideksa then stood and began shouting at the judges, stating, "These two defendants have complained about their treatment, but we all have these problems. We all face the same threat of being put in solitary!" She went on to say, &When the court goes on recess for 2-3 months, we will continue to be treated like this. Our suffering will be the responsibility of the bench. If the courts are concerned with human rights, they must look into this issue during the rainy season." Defendant Netsanet Demissie followed with a request for a list of anticipated prosecution witnesses so defendants could prepare their defense during the recess. Shemelis interjected that the bench previously ruled that witnesses would not be disclosed. He continued by saying, "If the defense wants to prepare their case for the witness, they will be allowed some time (at that point)." The judge did not issue a ruling or opinion on the matter. Several defendants reminded the court that they have thus far been in prison for 9 months, and would now be held for two more while the judges are on leave. ¶10. (U) The lead judge responded that the court has been in session "very frequently" and had planned to proceed quickly with the case. "We think we have been moving fast, but we can't make the schedule for the courts," he said. The bench concluded the session by ruling that the corrections department of Kaliti should provide an explanation to the court about the complaints of the prisoners, and that prison officials should inform prisoners why they are being punished. He also stated that if defendants have a complaint regarding their treatment during the recess, they could file a grievance with the appropriate department with the prison. -------------- COMMENT: TWO-MONTH RECESS STALLS CASE -------------- ¶11. (SBU) Since mid-July (reftel),no new evidence has been presented in court. Instead the bench has heard arguments by the prosecution and defense regarding the large amount of additional documentary evidence introduced by the prosecution. The arguments by defendants Daniel Bekele and Netsanet Demissie and their defense attorney on this matter were very thorough, fluent, and well articulated. Their line of reasoning was the most well-substantiated and comprehensive of any legal argument heard in the trial for some time. The prosecution, however, seemed somewhat flustered by the barrage of criticisms (which were both procedural and substantive in nature) against the evidence they introduced. In contrast, the prosecution's rebuttal seemed disjointed. The treatment of prisoners continues to be a matter of concern. Though Berhanu Nega has received better treatment following his plea, other less well-known prisoners have not had their complaints fully addressed by the court. During the two-month recess, which takes place during the rainy season in Ethiopia, conditions at the prison could worsen. Post will maintain close contact with detainee family members who regularly visit the prison in order to monitor conditions or issues that may arise. HUDDLESTON