ETHIOPIA: CUD LEADERSHIP FOUND GUILTY OF

C O N F I D E N T I A L SECTION 01 OF 03 ADDIS ABABA 001818 SIPDIS SIPDIS DEPARTMENT FOR AF/E AND DRL: S.JOSEPH LONDON, PARIS, ROME FOR AFRICA WATCHER CJTF-HOA AND USCENTCOM FOR POLAD E.O. 12958: DECL: 06/11/2017 TAGS: PHUM KJUS KDEM PGOV ET SUBJECT: ETHIOPIA: CUD LEADERSHIP FOUND GUILTY OF ATTEMPTING TO OVERTHROW GOVERNMENT REF: A. ADDIS ABABA 1436 AND PREVIOUS ¶B. ADDIS ABABA 1166 ¶C. ADDIS ABABA 1420 ADDIS ABAB 00001818 001.2 OF 003 Classified By: ERIC WONG, ACTING POL-ECON COUNSELOR. REASON: 1.4 (D). ¶1. (C) SUMMARY: On June 11, Ethiopia's High Court returned an unexpectedly sudden guilty verdict against 38 opposition Coalition for Unity and Democracy (CUD) leaders, independent journalists, and civil society representatives, detained since November 2005, including CUD Chairman Hailu Shawel and Addis Ababa mayor-elect Berhanu Nega. Most international observers and family members of detainees expected the June 11 session to be another in a series of procedural rulings, as the defense portion of the trial began in earnest. Instead, a session that began with a shouting match between CUD leaders and the bench, followed by a two-and-a-half hour recess, concluded with the Court deciding that because most defendants had not yet submitted evidence after more than a year into the trial, a ruling would therefore be granted in favor of the prosecution. CUD leaders and media members were found guilty of four criminal charges, including "Outrages against the Constitution," punishable in certain circumstances by life imprisonment or death. Nine other defendants who had submitted a plan to defend themselves, including two civil society leaders, will begin their defense on June 18. While many observers view this verdict as a negative development, Post understands that sensitive mediation talks between the GOE and detainees (ref C) will continue under Professor Ephraim Isaac, an Ethiopian elder who is due to arrive in Addis Ababa on June 12. END SUMMARY. -------------- A HEATED SESSION ENDS IN A GUILTY VERDICT -------------- ¶2. (U) On June 11, after nearly a year-and-a-half of court proceedings (reftel A),a three-judge panel from Ethiopia's High Court delivered their verdict, finding the senior leadership of the CUD, as well as many lower-level CUD members accused of leading November 2005 anti-government demonstrations, guilty of four remaining counts: "Outrages against the Constitution;" "Obstruction of the Exercise of Constitutional Powers;" "Inciting, Organizing or Leading a Rebellion;" and "Impairing the Defensive Power of the State." Ethiopia's criminal code specifies that under certain aggravating circumstances, the charges are punishable by life imprisonment or death. (NOTE. In earlier proceedings, the Court dropped charges of Treason, "Attempted Genocide," and "Endangering the Integrity of the State." END NOTE.) ¶3. (SBU) Most observers expected the June 11 session to focus on procedural matters, as the trial slowly moved into the defense phase. Indeed it began as such, with the bench announcing that the session would focus on ruling whether the prosecution had the right to the witness list of civil society defendants Daniel Bekele and Netsanet Demissie. Today's session was also intended to query the remaining defendants who had not yet announced whether they would present a defense. (NOTE. None of the original 111 defendants in this case, except for Daniel, Netsanet and Ethiopian Teachers Association member Kassahun Kebede, had been actively participating in a defense. When the trial began in February 2006, the majority of defendants stated that they "do not recognize the legitimacy of the court." Poloff was told at the beginning of the June 11 session that, in addition to Daniel and Netsanet, 15 other lower-level defendants had decided to retain an attorney. END NOTE.) However, before the court could begin, arguments broke out between the defendants and the bench. ¶4. (SBU) When the three judges entered the courtroom, all defendants and spectators rose; except for Daniel and Netsanet, the defendants remained standing when the bench sat. This prompted lead judge Adil Mohammed to declare that the bench did not care whether they sat or remained standing, which, in turn, kicked off a shouting match, with defendants vehemently insisting that they had a matter to bring to the court's attention and had been ignored in recent sessions. (NOTE. Indeed, at the end of the most recent sessions, ADDIS ABAB 00001818 002.2 OF 003 mayor-elect Berhanu Nega and other defendants attempted to raise issues with the bench, but were not given the floor. This departs from the bench's previous practice of hearing, and usually ruling on, defendants' complaints. END NOTE.) Second judge Leuol Gebremariam intervened, saying that the bench had been very patient in listening to defendants' complaints and outbursts, but had not yet found anyone in contempt of court. This threat did not deter the defendants: former UN war crimes (ICTR) prosecutor and U.S. legal permanent resident Yacob Hailemariem asserted that the defendants had a right to be heard. Adil responded that the bench would not hear them and that the defendants "gave up their right to be heard when they stated they did not recognize the court's jurisdiction." Adil repeated that the session had been called to review whether the defense would present evidence, telling the defendants "we have given you over a year to do this." He then abruptly declared a brief recess, only 15 minutes after the start of the court session. ¶5. (SBU) Nearly two-and-a-half hours later, the bench returned from recess. Lead judge Adil read a written statement. "The court has ordered the defendants on many occasions to present evidence, but many have so far not done so, and we can not adjudicate a case in this manner," Adil said. "The court has heard complaints by the defendants and attempted to intervene with the prison authorities in order to give them every chance to defend their case," he continued. "Regardless, the defendants have to date not presented any evidence and now the chance to do so has passed," he said. Since most had not presented any evidence in their defense, he declared that those defendants would therefore be found guilty based on the bench's prior ruling on the prosecution's case (ref B). Adil then listed the four remaining charges and said the defendants had not presented evidence to refute them. He then declared that 38 defendants, including the top leadership of the CUD, were therefore guilty of all counts applicable to them. Adil announced that the next session would be on June 18, during which the court would begin to hear witness testimony for the nine defendants who had submitted exculpatory evidence. Final statements from defendants found guilty, as well as the prosecution's recommendation for sentencing, would be heard on July 10. ¶6. (SBU) As has been the case with this trial, there was virtually no reaction in the courtroom at this unexpected guilty verdict. -------------- -------------- COMMENT: ATTENTION NOW FULLY ON A NEGOTIATED RELEASE -------------- -------------- ¶7. (C) The U.S. Mission has been closely involved in discussions with Ethiopian government officials, including the Prime Minister and the core leaders of the ruling Tigrayan People's Liberation Front (TPLF),and with civil society leaders involved in advancing a separate parallel process (ref C) to set the political detainees free. The process began last year with Ethiopian Elders (respected senior representatives of civil society) interacting with the Ethiopian government, the detainees, and their families. The leader of the Elders, Professor Isaac Ephraim of Princeton and Harvard Universities, returns to Addis Ababa June 12 in what we assume will be the final effort to secure the detainees' release. The detainees have already signed letters of "apology" and commitment to work within the constitution. The Prime Minister has said he is committed to granting clemency, if an agreement can be reached with the detainees. Elders continue to express a positive outlook on the process. ¶8. (C) We are at a very sensitive and potentially crucial crossroads in which any misstatement could derail the progress made thus far. While the detainees are hopeful of release and the Prime Minister is committed to releasing them, there are still potential pitfalls. We must remain supportive and will continue to work with the GOE and Elders. Despite today's negative verdict against the detainees, we must remain focused on pushing all sides to resolve the detainee issue peacefully through release. Anything short of this would have negative ramifications on ADDIS ABAB 00001818 003.2 OF 003 Ethiopia's human rights and political reconciliation. END COMMENT. YAMAMOTO