C O N F I D E N T I A L SECTION 01 OF 03 ADDIS ABABA 002304

SIPDIS

SIPDIS

DEPARTMENT FOR AF/E
LONDON, PARIS, ROME FOR AFRICA WATCHER

E.O. 12958: DECL: 08/16/2016
TAGS: PGOV KJUS PHUM KDEM ET
SUBJECT: ETHIOPIA: PROSECUTION IN CUD TRIAL DEFENDS EVIDENCE

REF: ADDIS ABABA 01788

Classified By: CHARGE D'AFFAIRES JANET WILGUS. REASON: 1.4(D)


1. (C) SUMMARY: In a meeting with prosecutors for the case
against Coalition for Unity and Democracy (CUD) leaders,
independent journalists and civil society representatives,
Charge Huddleston discussed the GoE's evidence against the
defendants. The lead prosecutor and State Minister of
Justice stated that substantial evidence has been presented
thus far, and that upcoming witnesses and documentary
evidence will solidify their case. The prosecution is trying
to show that the defendants attempted to overthrow the
constitutional order by: 1) organizing an armed rebellion; 2)
calling for armed struggle under the guise of "peaceful
rebellion;" 3) calling for the establishment of a
transitional government; and 4) vilifying and questioning the
legitimacy of governmental institutions. Further, attempts
by the CUD to establish relations with the OLF and Eritrea
are considered "treason." The prosecutors explained that the
charge of conspiracy applies to all defendants since they all
subscribed to "a common criminal objective," even if
individuals have not committed an "overt act." COMMENT:
There are clearly some major discrepancies between the
prosecution's view of unlawful undermining of the
constitutional order on one hand, and international standards
of free speech and legitimate political activity on the
other. The prosecution may be able to mount a coherent case
that Hailu Shawel and some other defendants organized or
supported violent efforts to overthrow the GoE, however. The
decision of Hailu and most other defendants not to defend
themselves may prevent them from challenging damaging
documentary evidence and witness testimony. END SUMMARY.


2. (SBU) On August 15, 2006, Charge Huddleston, together with
DCM, Pol/Econ Counselor and Poloff, met with the
Vice-Minister of Justice for Criminal Affairs, Dr. Hashim
Mohammed, and the lead prosecutor in the case against
opposition CUD leaders, Shemelis Kemal

. The meeting was a
result of Poloff,s discussions with Shemelis following trial
sessions and Shemelis, agreement to provide Post with a copy
of documentary evidence the prosecution plans to present.
Shemelis requested a meeting with Emboffs in order to explain
these documents, the prosecution's case to date, as well as
its strategy once the trial resumes in October.

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ORANGE REVOLUTION NOT A LEGAL OPTION IN ETHIOPIA
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3. (C) Charge opened the meeting by stating that Post,
together with the majority of those in the international
community, feel that the prosecution has not yet made
convincing case to prove the serious charges brought against
defendant CUD leaders, civil society members and journalists.
She asked Hashim and Shemelis to explain what the prosecution
intended to show by the evidence presented thus far and if
the evidence yet to be presented will bolster the case they
are trying to make.


4. (C) Hashim and Shemelis responded that the evidence
presented so far primarily supports the charge of "crimes
against the constitution." During the meeting, they
repeatedly stated that the defendants "attempted to change
the constitution in an illegal way," pointing out that "in
our system, one cannot legally change the constitution
through civil disobedience" but instead must go through the
proper processes and procedures, "not like in an Orange
Revolution" (as in Ukraine). They stressed that the
defendants tried to "subvert the constitutional system and no
system can afford to be lenient against an onslaught of its
core values." Hashim and Shemelis stated that the whole
group of defendants conspired to use the electoral process to
discredit and undermine the constitutional system, rather
than defeating the EPRDF in the polls. Prosecutors claimed
that the group was following a script laid out in a book by
exile Negede Gobeze.


5. (C) In response to Charge's request for specific examples
of their case, Hashim and Shemelis stated emphatically that
the prosecution feels it has thus far made a compelling case.
Hashim stressed that it is not necessarily one video or
document that proves the guilt of the defendants, rather
&bits and pieces8 from all of the evidence must be put

ADDIS ABAB 00002304 002 OF 003


together.

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SECRET ORGANIZATION WITHIN THE CUD

SIPDIS
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6. (C) In discussing the video stage of evidence, they said
that the prosecution originally wished to show only
"relevant" parts of the videos, but the bench instead ruled
that the entire cassette must be shown, following objections
from the defense that context is otherwise lost. They
pointed out that the last video, which was a 12-minute
selection of highlights from the previously shown videos,
makes the strongest case from the video stage. (NOTE: This
video was ruled inadmissible by the bench, following further
objections from the defense that presenting clips does not
show context (reftel). END NOTE) Nevertheless, they pointed
out that the videos show that the defendants made repeated
calls for the establishment of a transitional government,
"which is a means of suspending the constitution." Shemelis
said that in one video, Hailu Shawel, in response to a
question by a fellow CUD member regarding the intentions of
the CUD Supreme Council, said that he could explain in more
detail privately, which Shemelis said shows Hailu "alluding
to the fact that a secret organization existed within the
CUD."


7. (C) Hashim and Shemelis stated that the documentary
evidence also contains proof of a secret organization within
the CUD. The original documentary evidence shows that the
CUD had connections to Eritrea, based on a letter from Hailu
Shawel that seeks to make contact with the outlawed Oromo
Liberation Front (OLF), which in turn has connections to
Eritrea. Shemelis also noted that among the strongest
evidence is a CUD "hit list" of top ruling party officials
found in the home of Getachew Mengiste.

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HOW MANY WITNESSES?
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8. (C) Although Hashim stated that "even without the
witnesses, we feel we have a strong enough case (to
convict)," the prosecution plans to call a number of
witnesses following resumption of the trial in October. The
original list of witnesses submitted by the prosecution
contained over 300 people. Hashim indicated that the actual
number would be significantly less, however. (NOTE: Julian
Filochowski (protect) of ActionAid told Poloff that a member
of the prosecution team had informed him that the actual
number of witness would be approximately 30. END NOTE) The
witness stage of evidence will help to support and tie
together the "bits and pieces" of evidence from videos and
documents, as well as present new evidence, according to
Hashiem and Shemelis. Witnesses will be presented that
corroborate the accusation that a secret organization existed
in the CUD, as well as show that Hailu helped to set up and
finance armed rebel groups in Shoa and Gondor.

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COMMENT: SOME EVIDENCE ON HAILU, LITTLE PROOF OF CONSPIRACY
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9. (C) The prosecutors provided a valuable window on GoE
thinking on this divisive case. The prosecution is trying to
show that the CUD leadership and the co-accused attempted to
overthrow the existing constitutional order by: 1) organizing
an armed rebellion in East Gojjam and North Shoa zones; 2)
calling for armed struggle under the guise of "peaceful
rebellion;" 3) calling for the establishment of a
transitional government (which they consider
extra-constitutional); and 4) vilifying and questioning the
legitimacy of governmental institutions. Further, attempts
by the CUD to establish relations with the OLF and Eritrea
are considered "treason." The prosecutors also explained
that the charge of conspiracy applies to all defendants;
since they all subscribe to "a common criminal objective,"
(i.e. overthrow of the constitutional order), the entire
group is part of the conspiracy, even if individuals have not
committed an "overt act."


10. (C) There are clearly some major discrepancies between
their view of unlawful undermining of the constitutional
order and international standards of free speech and

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legitimate political activity. There has also been no direct
evidence so far to demonstrate an organized conspiracy among
the nearly 90 diverse defendants, and prosecutors have not
even mentioned some defendants in their presentations. The
prosecution may be able to mount a coherent case that Hailu
Shawel and some other defendants organized or supported
violent efforts to overthrow the GoE, however. The decision
of Hailu and most other defendants not to defend themselves
may well prevent them from challenging damaging documentary
evidence and witness testimony.
WILGUS