REQUEST FOR ADVISORY OPINION: PARDONED ETHIOPIAN

C O N F I D E N T I A L SECTION 01 OF 02 ADDIS ABABA 002393

SIPDIS

SIPDIS

DEPARTMENT FOR CA/VO/L/A:JGORSKY, CA/VO/L/C, AF/E AND
DRL:S.JOSEPH
LONDON, PARIS, ROME FOR AFRICA WATCHER
CJTF-HOA AND USCENTCOM FOR POLAD

E.O. 12958: DECL: 07/26/2017
TAGS: CVIS PHUM KJUS KDEM PGOV ET
SUBJECT: REQUEST FOR ADVISORY OPINION: PARDONED ETHIOPIAN
OPPOSITION LEADERS

REF: A. ADDIS ABABA 02284 AND PREVIOUS

B. JULY 25 GONZALES-GORSKY EMAIL

ADDIS ABAB 00002393 001.2 OF 002


Classified By: ACTING POL-ECON COUNSELOR: SEAN CELY.
REASON 1.4 (d).


1. (C) ACTION REQUEST: Per 9FAM 40.21(a) N10 "Political
Offenses," and Ref B, Post requests formal determination from
CA/VO/L/A that the convictions of Berhanu Nega and Yacob
Hailemariam constitute "political offenses." These
individuals have applied for reinstatement of their LPR
status, but for reasons not under their control, have been
outside the U.S. for longer than the one-year legal period.
The applicants are leaders of Ethiopia's largest opposition
party, the Coalition for Unity and Democracy (CUD),and were
accused, convicted, sentenced and pardoned for several crimes
in a trial (ref A) deemed as entirely political by Post and
many others in the international community. Post requests
that these convictions not interfere with their application
as they can be deemed as "obviously based on fabricated
charges."


2. (SBU) On July 25, Post was contacted by Berhanu Nega and
Yacob Hailemariam seeking to reinstate their status as LPR
and to return to the U.S. They filed their application on
July 26.

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BACKGROUND: 20 MONTHS OF POLITICAL TRIAL DESTABILIZES ETHIOPIA
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3. (U) Ethiopia's third general elections under the current
government took place in May 2005. These elections were
widely hailed by the USG and others in the international
community as the most democratic elections in Ethiopia's
history. Though there was some evidence of voter
interference, the elections were considered generally free
and fair. The official results showed that the number of
seats in the Parliament held by opposition groups rose from
12 to 172. The results indicated that the largest opposition
group, the CUD, won 109 of the 172 seats. In addition, the
CUD won 137 of 138 seats in the Addis Ababa city council.
Despite this, opposition groups, including the CUD, alleged
the ruling Ethiopian People's Revolutionary Democratic Front
(EPRDF) engaged in vote rigging. Several CUD
parliamentarians and many in the Addis Ababa city council
boycotted and refused to take their seats until the situation
was remedied, which was to include reform of key federal
government institutions.


4. (U) Though the government had instated a ban on public
demonstrations immediately following the elections, separate
incidents of demonstrations turned violent in early June and
early November 2005. Demonstrators were met in the streets
by police and special forces of the military, leading to
deadly clashes. A subsequent investigation by the GoE found
that 193 civilians and 6 police officers were killed as a
result. Following the November demonstrations, tens of
thousands of people suspected of organizing or participating
in the demonstrations were arrested. Most were released
within weeks, but a few hundred were detained and had formal
charges filed against them by the GoE. These defendants
included all of the top leadership of the CUD (including
Addis Ababa mayor-elect Berhanu Nega and Federal
parliamentarian Yacob Hailemariam),several journalists and
members of civil society. The charges filed against them
included: "Outrages Against the Constitution," "Obstruction
of the Exercise of Constitutional Power," "Inciting,
Organizing or Leading an Armed Rebellion," "Impairing the
Defensive Power of the State," &High Treason," and
"Attempted Genocide."


5. (U) The prolonged trial of these high-profile detainees
was closely followed by the international community and in
particular by Post, who had an observer present at nearly
every court session. Post, and other diplomatic missions and
international NGOs repeatedly called for the immediate
release of these prisoners and have publicly labeled them
"political prisoners."


ADDIS ABAB 00002393 002.2 OF 002



6. (C) While some of the charges were eventually thrown out
by the court, including "High Treason" and "Attempted
Genocide," and some of the lower-profile detainees released,
the leaders of the CUD were convicted on June 11, 2007 and
sentenced to life in prison on July 16. Berhanu Nega and
Yacob Hailemariam were convicted of "Outrages Against the
Constitution," "Obstruction of the Exercise of Constitutional
Power," and "Impairing the Defensive Power of the State."
Most defendants, including the CUD leadership, chose not to
defend their case on the grounds that they felt that the
court was under the influence of the GoE and was
"illegitimate." Despite these, in Post's opinion, the
evidence presented by the federal prosecution did not in any
way prove that the defendants had any role in leading,
organizing or taking part in the demonstrations of 2005, and
that the verdicts concluded what was an entirely political
trial for the CUD leadership.


7. (SBU) A group of negotiators, known informally as the
Ethiopian Elders, was quietly working behind the scenes for
many months to secure the release the detainees. Immediately
following the sentencing of the CUD leadership, the GoE
announced plans to grant a pardon to those convicted and who
had signed a "letter of regret." Of those detained, 71
signed this statement, including all of the CUD leadership,
and the 38 convicted detainees were released on July 20. The
case of the remaining detainees, including the other 33 who
have signed this letter await sentencing and subsequent
pardon.
YAMAMOTO