ETHIOPIA'S JUDICIAL DUE PROCESS, SEVERELY IN

S E C R E T SECTION 01 OF 03 ADDIS ABABA 000260 SIPDIS NOFORN SIPDIS E.O. 12958: DECL: 01/30/2018 TAGS: KJUS KDEM PGOV PHUM ET SUBJECT: ETHIOPIA'S JUDICIAL DUE PROCESS, SEVERELY IN QUESTION REF: ADDIS 4 Classified By: Ambassador Donald Yamamoto for reasons 1.4 (b) and (d). SUMMARY -------------- ¶1. (C) Ethiopian elders informed Post that Prime Minister Meles has indicated that the two prominent civil society advocates from the NGO ActionAid, Daniel Bekele and Netsanet Demissie, will not be released at the end of their sentences (May 1 and May 8 respectively) as decreed by the federal court. An appeal process by the Justice Ministry is underway which could extend their incarceration indefinitely and there is high likelihood that new charges could be levied as well. The Ethiopian elders, who worked with the Embassy to secure the release of 71 political detainees last August, inform us that the ruling Ethiopian People's Revolutionary Democratic Front (EPRDF) is upset with international criticism of the detention and demand for pro-forma release on parole of these two detainees--the last of the high profile political detainees arrested after the 2005 national elections, and the only ones to present a full defense. To assuage the ruling party, it appears that an apology letter, similar to the one drafted by the 71 detainees, which earned their release last summer, would be the only way the two ActionAid workers can secure their own release from prison. In private discussions with the Ambassador, an EPRDF Central Committee member indicated that the ruling party was upset with the lack of remorse and apparent defiance by the two civil society detainees in contesting their arrest. For the hardliners in the ruling party, an apology letter appears to be a mandatory prerequisite for release. ¶2. (S/NF) The Ambassador and Embassy staff met with the family members, who seek U.S. support for the release of the two. Post is working with the Ethiopian elders to find a solution to end this detention. The elders are pressing the politically-convicted prisoners formally to apologize for the "provocation to commit crimes against the state" conviction -- a charge which was never levied against them, but for which they were ultimately convicted. The elders also simultaneously are lobbying both the international community to refrain from pressuring the GoE and the prisoners' supporters ActionAid International to refrain even from issuing disparaging comments publicly and privately, even by telephone, which the elders believe could be monitored. The continued detention of the two civil society activists has been unanimously criticized by the western diplomatic corps, but they are leaving the heavy lifting to the U.S., in conjunction with the elders, as the only way to secure their release -- just as was the case with the 71 released detainees last year. End Summary. ¶3. (C) After 22 months in detention and a clearly manipulated trial, civil society leaders Daniel Bekele and Netsanet Demissie, the final high-profile political detainees from the 2005 post-election turmoil, were convicted and sentenced in late-December (see reftel). Standard Ethiopian judicial practice directs that any convicted prisoner who has already served at least two-thirds of his/her sentence shall be considered for parole following a suitability review. Ethiopian elder, Chairman of Prison Fellowship Ethiopia, and Chairman of the Ethiopian Parole Board Pastor Daniel Gebreselassie (strictly protect) confirms that virtually all prisoners considered for parole are granted parole within days of their eligibility. As such, the international community and family and supporters of these detainees expected their release well before Ethiopian Christmas (January 7). ¶4. (C) In early January, Pastor Daniel reported to PolOff that despite standard practice, he had credible information that GoE security officials beyond the scope of the courts, prisons, or Justice Ministry had effectively blocked consideration of Daniel and Netsanet's parole. When Pastor Dan inquired with the prison holding the two a week after their conviction, he was told by prison authorities that they had not yet even received confirmation from the court that the case had been concluded, much less that parole consideration should commence. When Ambassador raised the issue with Deputy Prime Minister Adissu Legesse on January 2, he replied that the issue did not fall in his area of ADDIS ABAB 00000260 002 OF 003 responsibility. ¶5. (C) As January progressed without a release on parole, Prof. Ephraim Isaac, the chief Ethiopian elder and key negotiator for prisoners' release, returned to Ethiopia to pursue a written apology from Daniel and Netsanet to present to Prime Minister Meles to secure their parole. Ephraim told Ambassador on January 24 that in a cell phone conversation with Julian Filochowski, ActionAid London's principal advocate for the two prisoners, Filochowski argued that perhaps the two should sign an apology statement purely as a tactic to get released. The very next morning the private secretary to the Prime Minister confronted Ephraim arguing SIPDIS that his efforts were unnecessary because the two are clearly not repentant. Ephraim further reported to Ambassador on January 24 that Prime Minister Meles personally told him that the courts would not release Daniel and Netsanet on parole, noting that an appeal by the prosecution was under way and that their detention could extend beyond the scheduled May 1 and May 8 release dates. Further, new additional charges could be levied against the two ActionAid workers. According to Prof. Ephraim (strictly protect),the Prime Minister indicated that a letter of apology, similar to the one signed by 71 political detainees who were released last summer, would enable the GoE to secure the two civil society activists' release. Ephraim stressed to the Ambassador that Meles stated frankly that the ruling party was angered by the persistent international criticism of the GoE on the arrest of these two activists as well as the demand for their otherwise pro-forma release on parole. This prompted Ephraim to speculate that as long as international criticism persists release would be impossible. ¶6. (C) Ephraim remains optimistic that an apology, during a sustained period when the international community refrains from calling for a release, could suffice to secure parole. Pastor Daniel -- who is much more in touch with an array of GoE ministries and senior officials -- is adamant that the ruling Ethiopian People's Revolutionary Democratic Front (EPRDF) Central Committee has made an executive decision not to release the two. ¶7. (S/NF) Ambassador has spoken with an influential member of the EPRDF Central Committee and it appears that the ruling party was opposed to the two ActionAid workers' release because of their lack of remorse and apparent defiance by contesting their arrest and conviction. Unlike the other high-profile 71 political detainees who signed a letter of apology, Daniel and Netsanet refused to do so. They did later agree to sign a separate version of the apology letter that did not associate them with the opposition CUD party -- of which neither was ever affiliated -- but that letter did not meet with the approval of the ruling party. It is now clear that a letter of apology sincerely expressing responsibility for the violent demonstrations in 2005 would be the only way for the two to secure their release, regardless of the court's rulings. ¶8. (S/NF) Ambassador and Embassy staff met with Daniel and Netsanet's family members, who are now requesting Embassy and Elder assistance in securing the release of the two. Post informed the family members that together with the elders, every effort will be made to secure their release. COMMENT -------------- ¶9. (S/NF) While technically legal for the prosecution to appeal for a harsher sentence or even raise new charges, and at the same time continue to hold the two activists in jail, it is beyond reason why these two activists, who respected the authority of the court and chose to defend themselves, are being singled out for additional punishment when some of those released last summer were hardline anti-government opponents who chose to boycott a defense. The reports by the Ethiopian elders and the indications to the Ambassador are troubling because they demonstrate that due process can be swayed by political pressure and/or direction by the ruling party. This case has been duly highlighted in our up-coming human rights report. This will hurt U.S. Embassy efforts to act as an honest broker in support of the release of prisoners in the future, but Post strongly believes that due process without interference from the government or ruling ADDIS ABAB 00000260 003 OF 003 party is key to the democratic process and in support of our good governance program. ¶10. (S/NF) The continued detention of the two sends a warning to Ethiopia's civil society, and electorate, that while one may join opposition parties, the nature of opposition within or outside of EPRDF-condoned political process will be closely scrutinized and subject to prosecution. While the two were defiant in refusing to sign a letter of apology last summer, signing one now would appear that the two have given up on the judicial process. Their family members have said that, once released, the two plan to depart for London for study and could very well not return to Ethiopia. For the ruling party, however, an apology is critical for release. Post will continue to work diligently with the elders to resolve this case, which should have been long resolved under normal judicial practices. End comment. MALAC