ETHIOPIA: IMPRISONED CUD LEADERS AND PRIME

C O N F I D E N T I A L SECTION 01 OF 04 ADDIS ABABA 001420

SIPDIS

SIPDIS

DEPARTMENT FOR AF, AF/E, AF/PD AND DRL:S.JOSEPH

E.O. 12958: DECL: 05/09/2017
TAGS: PGOV PHUM KJUS ET
SUBJECT: ETHIOPIA: IMPRISONED CUD LEADERS AND PRIME
MINISTER STILL TALKING ABOUT CLEMENCY DEAL

REF: A. ADDIS ABABA 3130


B. ADDIS ABABA 1104

Classified By: PAO ANTHONY FISHER. REASON: 1.4. (D)


1. (C) SUMMARY. On April 30, a signed admission by detained
Coalition for Unity and Democracy (CUD) Chairman Hailu Shawel
and Addis Ababa mayor-elect Berhanu Nega, accepting
collective responsibility for their membership's actions
which led to loss of life and damage to property during the
civil disturbances of November 6, 2005, was given to
Professor Ephraim Isaac, head of the Ethiopian Elders team
negotiating their release from detention (ref A). This
significant advance made by the Ethiopian Elders to free the
detainees was marred by 11 members of the CUD executive
committee's subsequent refusal, one day after Hailu Shawel
and Berhanu Nega signed the agreement, to sign an additional
GOE mandated paragraph, in which the executive committee was
required by the GOE to accept individual responsibility for
their actions. Post continues support for the negotiations
between the detainees and the GOE, which are ongoing.
Ultimately, the goal is for the detained opposition leaders
to get out of jail and return to politics, if they wish. The
bottom line for Prime Minister Meles is for the detainees to
work within the constitution. The PM still has a tough road
ahead keeping his own hardcore Tigrayan People's Liberation
Front (TPLF) party in line. END SUMMARY.

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A BREAKTHROUGH...
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2. (C) On May 1, Professor Ephraim Isaac, lead negotiator
among the Ethiopian elders entrusted by both the GOE and the
detainees to mediate a solution to the imprisoned CUD
leaders, visited them with a draft proposal that was crafted
during weeks of consultations with CUD leaders and financial
backers of the CUD in the Diaspora. According to Ephraim,
versions of the text had previously been sent to the
detainees by the Diaspora CUD leaders, and after additional
annotations by Berhanu Nega in his presence, Professor
Ephraim reports that Hailu Shawel chaired a meeting and the
revised text was unanimously approved by all 11 CUD executive
committee members present. The document was then signed by
both Hailu Shawel and Berhanu Nega.

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THE AGREEMENT
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3. (C) The agreement addressed to Professor Ephraim and the
United Elders reads in translation (from Amharic-language
original) as follows:

BEGIN TEXT.

Additional thoughts to the agreed points of understanding
presented by the United Elders to the Government and the
Coalition for Unity and Democracy (CUD) in December (of 2005).


1. The Government is deeply saddened by the disturbances
that occurred following the elections and the subsequent loss
of life and damage to property. The Government gives
assurances that it will continue with the efforts it has
started to make the necessary adjustments/rectifications by
investigating the process.


2. The CUD leaders also express their deep sorrow over the
loss of life and property damage that ensued following the
elections.


3. Furthermore, we accept that activities carried out on the
part of some of the members and supporters of our party,
whether knowingly or inadvertently and outside the
constitutional system, to change the legally established
bodies during the political chaos that followed the 2005
elections, were wrong. The leadership of the CUD takes the
responsibility for the mistakes committed, and asks pardon of
the people of the country and elders, and the Ethiopian
Government in their goodwill. And for this:


4. The CUD leaders pledge that there will be no attempt by
the Coalition for Unity and Democracy (CUD),now or in the

ADDIS ABAB 00001420 002 OF 004


future, to overthrow the constitutional system by force.
They also affirm that they will all live up to their
obligations by respecting the constitution and by ensuring
the respect of the constitution.


5. Both sides will strive to end all mud-slinging over any
media.


6. To resolve the political misunderstanding between the
Government and political forces, with country elders and
experts, both sides agree that a good solution will be
arrived at after convening national dialogue/discussions for
peace and understanding.


7. We respectfully request that not only those indicted
under the file charges of Hailu Shawel et. al., but also all
those indicted under similar file charges, be released from
prison at the same time.

Signed Hailu Shawel Berhanu Nega

END TEXT.

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THE BRIDGE TO FREEDOM
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4. (C) NOTE. During months of negotiations by the Elders (ref
A),the detainees had steadfastly refused to acknowledge that
they and other CUD members were complicit in the violence and
loss of property, nor did they assume personal responsibility
or a willingness to apologize to the government. In December
of 2006, the CUD leaders drafted a statement (signed by Hailu
Shawel, Berhanu Nega, Bertukan Medeksa, Hailu Araya, Mesfin
Woldemariam and Yacoub Hailemariam) which they presented to
the Elders. In it, they expressed regret for the loss of
life and property, but did not accept that they were
individually complicit in causing the mayhem. It also made
no apology to the government, but instead did so to the
Elders and people of Ethiopia. Professor Ephraim informed
the PAO, that after reading it to the PM, PM Meles rejected
it as insufficient. The current addendum, specifically items
3 and 4, explicitly incorporates key points missing from the
December 2005 agreement. END NOTE.

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SIGN THIS AND LEAVE PRISON.
--------------


5. (C) Professor Ephraim informed the PAO that he read the
text of the addendum to the PM who accepted the language as
adequate. According to Ephraim, the PM then said that in
order to secure their release, each member of the CUD
executive committee would need to sign a corollary paragraph
in which they accepted individual responsibility for their
actions. Ephraim said that the PM reminded him of a fax that
the PM sent Ephraim with that specific requirement, several
months prior to Ephraim's most recent visit to the prison.
The text of the government's paragraph follows:

BEGIN TEXT.

May 1, 2007

To Professor Ephraim and Country Elders:

We, the undersigned leaders of the Coalition for Unity and
Democracy (CUD),declare that members of the leadership of
the CUD believe and accept that our attempt to
unconstitutionally change the government bodies set up by the
constitution, following the May 2005 elections was a mistake,
and that the CUD leadership takes the responsibility for the
actions. And for this wrong that we committed, we ask
pardon/forgiveness from the Ethiopian government and people.

We affirm that in the future, we will not participate in this
kind of activity and that we will fulfill our obligation
properly to respect and ensure the respect of the
constitution.

END TEXT.

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ADDIS ABAB 00001420 003 OF 004


SIGNER'S REMORSE
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6. (C) Professor Ephraim said that he returned to Kaliti
prison on May 1 with a government prepared paragraph, closely
reflecting the CUD agreement above. According to Ephraim,
when he tried to obtain the signatures of the 11 CUD
executive committee leaders, they refused to sign because
they considered the wording unacceptable. Ephraim said that
individual executive committee members felt that they could
not be held personally responsible for the criminal acts of
an indeterminate number of their followers. After being
approached by Shawel Hailu, son of Hailu Shawel, Professor
Ephraim returned on May 5, accompanied by Tameru Asegnehu, a
former Supreme court judge whom Shawel Hailu recommended as
trustworthy and capable of explaining the legal ramifications
of signing the release document to the detainees. (NOTE.
Judge Tameru had mounted a campaign to get due process for
the detainees when they were initially arrested, but when
they decided against defending themselves, he stood down. He
is also on record as opposing the CUD decision not to go into
parliament immediately after May 2005 national elections.
END NOTE.)

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LEGAL AID
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7. (C) According to Ephraim, Tameru told the group that given
that they had already signed the April 30 addendum, they
could easily sign the government's paragraph. Defendant
Bertukan Medeksa, who is a former high court judge, agreed
with Tameru's assessment, according to Ephraim, but said that
the mistake that they had made was having had Hailu Shawel
and Berhanu Nega sign the agreement several days prior.
Hailu Shawel, according to Ephraim, told the group of 11 CUD
executive committee members present that they could not go
back on their word. Ephraim said that Berhanu Nega then
asked him to return the document Berhanu and Hailu had signed
a day earlier, at which point Ephraim said he told Berhanu
that he did not have the original with him.

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THE LAST HURDLE: COLLECTIVE VS. INDIVIDUAL RESPONSIBILITY
-------------- --------------


8. (C) Judge Tameru in a post-visit assessment of his time
with the detainees, told the PAO that the wording of the text
that the CUD leaders signed assumed 'precarious' (collective)
responsibility for the actions of their members. According
to Tameru, this ran counter to the requirement for the
assumption of individual responsibility by each executive
committee member that the government wants. He opined,
however, that these positions were bridgeable, first with
magnanimity on the part of the government, since the above
agreement meets all the conditions which the GOE has long
demanded. However, if that was not possible, Judge Tameru
said that with the change of one/one syllable in Amharic, a
solution could be achieved. He said that the government text
reads in part, 'what we have done' ('ya deregno' in Amharic)
and the more generic text preferred by the detainees could
read, 'what has been done' ('yete deregno' in Amharic) in
order to induce the detainees to sign. Tameru expressed a
desire to mediate the distance between the GOE and the
prisoners' positions.


9. (C) COMMENT. The current glitch reflects previously
seemingly intractable positions taken by both sides. With
time and concerted effort by the Ambassador and the Elders,
after much protest to the contrary, both sides have reached
the current agreement, unthinkable months ago. The one
constant these many months is the PM's insistence that the
CUD leaders take individual responsibility for the civil
unrest of November 2005 and apologize to the Government for
their actions. The tremendous distance both sides have come
since negotiations began in November 2005, is a positive
indicator that both sides desire a negotiated solution. Post
will continue to vigorously support the Elders process to get
a quick conclusion before the trial of the defendants (ref B)
resumes on June 1, now that the major hurdles have been
surmounted.


10. (C) The Prime Minister has gone a long way to get his

ADDIS ABAB 00001420 004 OF 004


hardcore TPLF party in line behind a clemency deal with the
detainees. The TPLF is not happy, but the PM is committed to
a clemency deal, if one can be reached. The detainees have
moved a long way towards negotiating with the PM. We will
continue to push for a deal quietly and privately. No other
foreign embassy is involved; only the U.S. END COMMENT.
YAMAMOTO