REQUEST FOR ADVISORY OPINION: PARDONED ETHIOPIAN

C O N F I D E N T I A L ADDIS ABABA 002738

SIPDIS

SIPDIS

DEPARTMENT FOR CA/VO/L/A:J.GORSKY, CA/VO/L/C, CA/FO:J.STUFT,
AF/E AND DRL: S.JOSEPH

E.O. 12958: DECL: 09/06/2017
TAGS: CVIS PHUM KJUS KDEM PGOV ET
SUBJECT: REQUEST FOR ADVISORY OPINION: PARDONED ETHIOPIAN
OPPOSITION LEADER KIFLE TIGNEH

REF: A. ADDIS ABABA 2635

B. ADDIS ABABA 2284

C. STATE 107869

D. STATE 124477

Classified By: Acting Political/Economic Counselor Eric Wong.
Reason 1.4 (d)


1. (C) ACTION REQUEST: Per 9FAM 40.21(a) N10 "Political
Offenses," Post requests formal determination from CA/VO/L/A
that the conviction of Kifle Tigneh constitutes "political
offenses." This individual applied for an NIV on September

5. The applicant, a member of the Federal Parliament, is a
leader of Ethiopia's largest opposition party, the Coalition
for Unity and Democracy (CUD) and was accused, convicted,
sentenced and pardoned for several crimes in a trial (refs
A-D) deemed as entirely political by Post and many others in
the international community. Post requests that these
convictions not interfere with Kifle Tigneh's application, as
they can be deemed as "obviously based on fabricated
charges." Similar requests have been made for other CUD
leaders and received favorable review from CA/VO/L/A (refs
A-D).


2. (C) The applicant was among a larger group of 14
defendants convicted of "Outrages Against the Constitution."
In Post's opinion, the evidence presented by the federal
prosecution did not in any way prove that this applicant or
any other defendants had any role in leading, organizing or
taking part in the demonstrations of 2005, and the verdicts
concluded what was an entirely political trial for the CUD
leadership. As further evidence that the charges against and
conviction of Kifle Tigneh were purely political, several of
the prosecution's documents against Mr. Tigneh were identical
to the prosecution's documentation against Hailu Shawel in a
separate trial, including referring to the defendant as
"Hailu Shawel," rather than "Kifleh Tigneh."


3. (C) INA 212(a)(2)(A)(i)(I) and (2)(B) exempts from the
ineligibility provisions "purely political offenses." 22 CFR
40.21(a)(6) defines "purely political offenses" as including
"offenses that resulted in convictions obviously based on
fabricated charges or predicated upon repressive measures
against racial, religious, or political minorities." Based
on Post's determination that this charge was fabricated and
based on repressive measures aimed at the CUD political
leadership, Post requests that this conviction on purely
political charges not interfere with this visa application as
they can be deemed as "obviously based on fabricated charges."
YAMAMOTO