ETHIOPIA UNCOMPROMISING ON REJAILING OF OPPOSITION

S E C R E T SECTION 01 OF 03 ADDIS ABABA 003476

NOFORN
SIPDIS

E.O. 12958: DECL: 12/05/2017
TAGS: KDEM PGOV PREL ET
SUBJECT: ETHIOPIA UNCOMPROMISING ON REJAILING OF OPPOSITION
LEADER BIRTUKAN MIDEKSSA

REF: ADDIS 3460

Classified By: Ambassador Donald Yamamoto for reasons 1.4 (b) and (d).

This is an urgent Action Request. Please see para 8.

SUMMARY
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1. (S/NF) Ambassador called on Prime Minister Meles on
December 31 in an effort to secure the release from prison of
prominent opposition leader Birtukan Midekssa, who had been
jailed on the evening of December 29 (Reftel). Birtukan was
arrested on alleged charges of violating the terms of her
pardon from prison in August 2007; the Ethiopian Government
revoked her pardon on December 30 taking her to Kaliti Prison
to serve a life sentence. Meles underscored the importance
of observing the rule of law and argued that Birtukan
violated the conditions of her 2007 pardon by denying that
she had asked for the pardon. Meles further argued that
Birtukan had rejected the notion of observing the
constitution. Despite the Ambassador's efforts to find a
legal way to secure her release and reversal of the pardon
revocation -- and underscoring that there would be calls for
Birtukan to be designated a prisoner of conscience -- Meles
replied that the rule of law must be observed and that he
hoped the U.S. would value the importance of the strategic
bilateral relationship and understand the reasons for
Birtukan's re-arrest. The Ambassador noted that this arrest
could be the focus of relations rather than the important
security and development partnership the two countries have
established. The Embassy strongly believes that the only
possibility of securing Birtukan's release, and averting the
political instability likely to result from it, is for the
Assistant Secretary and the Secretary to call Prime Minister
Meles to request her release as a follow-up to the
Ambassador's meeting. End Summary.

REJAILING A PROMINENT OPPOSITION LEADER -- THE BACKGROUND
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2. (S/NF) Ambassador held an emergency meeting with the Prime
Minister on December 31 in an effort to secure the release,
and reversal of the pardon revocation, of prominent
opposition leader, Birtukan Midekssa. A former judge, she
spent two years in prison following the bloody aftermath of
the 2005 national elections on charges of "outrages against
the constitution" and seeking to overthrow the government
through violence. She was released in July 2007 after a
group of Ethiopian elders, with the strong behind-the-scenes
actions of the U.S. Embassy, secured a pardon for Birtukan
and 70 other opposition figures. Conditions were placed on
the pardon that the opposition figures not deny the statement
that they signed in exchange for their release. In the past
several weeks, Birtukan made remarks to crowds in Germany and
Sweden that she did not ask for a pardon from the Meles
Government. Technically, she was correct, as she had
requested pardon in writing to the Elders who requested the
pardon on her behalf to the Government, which was finally
granted. Police warned her to cease on such comments upon
her return to Ethiopia. Nevertheless, her comments prompted
a convening of the Board of Pardon which voted 7 to 1 to
revoke the pardon. On December 29, the Elders informed the
Ambassador of the seriousness of the turn of events. The
Ambassador called President Girma urging him not to sign the
Pardon Board's recommendation, which he agreed to do for 24
hours. The Ambassador called Birtukan and persuaded her to
drop her argument that she did not seek a pardon from the
Government and focus more on an opposition platform and
pushing democratic values. Further, the Ambassador persuaded
Birtukan to write a short note to the Prime Minister, which
she did draft at the office of the Elders. Unfortunately,
the police arrested Birtukan before the letter could be
delivered to the Prime Minister and prior to the President's
signature of the Pardon Board's recommendation. The
President later noted to the Ambassador that this was the
police's proper jurisdiction and that only the Prime Minister
could reverse this action. The Ambassador also called the
Deputy Police Commissioner but could not receive any support.


PRIME MINISTER - THE COURT OF LAST RESORT
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3. (S/NF) The Prime Minister told the Ambassador that it was
too late, that Birtukan had violated the terms of her pardon
and thus her re-arrest was proper and appropriate. In a
position of frustration mixed with anger, Meles said he could
not, and would not, interfere with the judicial process nor
"lift a finger" to pardon her again. The rule of law must be
observed and respected. Meles argued that Birtukan
"flaunted" and "disrespected" the rule of law with her
statements overseas and her actions in not abiding by the
conditions of her pardon or in accordance with the
constitution.


4. (S/NF) The Prime Minister stated that a pardon is a
powerful tool to be used "sparingly, carefully and
judiciously." It undermines the judicial process because it
is overturning a legally adjudicated case, nullifying the
crime. As such, the Prime Minister said it must be accepted
with respect and not taken lightly. Birtukan made her
release a "game," the Prime Minister said. She ignored the
terms of her original pardon release through her comments
overseas and issuance of statements up until the time of her
arrest. Her blatant disregard of the law now requires her to
fulfill the full term of her sentence, which is life in
prison without hope of parole or bail. Further, the Prime
Minister said the government would not issue another pardon.

PUSH BACK
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5. (S/NF) The Ambassador handed over the letter drafted by
Birtukan just prior to her arrest and in response to the
Ambassador's recommendation, stating that she indeed asked
for a pardon from the government. The Prime Minister said
the Pardon Board has already acted and there is nothing he
can, or will, do to help Birtukan. The Ambassador raised in
succession possibilities of avoiding a crisis with Birtukan's
arrest, noting that at the time of her arrest and statement
the President had not yet signed the Pardon Board's
revocation of pardon order and also pointed to article 17 of
the Pardon Law noting that the accused has 20 days to respond
to a decision of revocation of pardon. The Prime Minister
said this has no bearing because Birtukan had violated the
terms of her original release from prison.


6. (S/NF) The Ambassador said that this arrest, no matter how
legal and proper it may be, will be viewed in political
terms, raising the strong ire of the vocal Ethiopian
diaspora. Further, it is possible that there could be
discussion of calling Birtukan a "prisoner of conscience,"
similar to the case of Aung San Suu Kyi in Burma, though the
brutal nature of the Burmese government is nowhere similar to
that of Ethiopia's support for the U.S. on a wide range of
issues. But the comparison would hurt relations. Birtukan's
recent nomination for the Secretary's International Women of
Courage Award would underscore the legitimacy of such a
charge, however. Finally, Birtukan's arrest could overshadow
the strong relationship we have established together and
become the focus of bilateral talks as a new President takes
over in the U.S. to the detriment of our mutually shared
interests on security and development.


7. (S/NF) The Prime Minister hesitated but said firmly that
Ethiopia must stand for the rule of law and cannot back down,
otherwise the judicial process would lose respect. Further,
he said Birtukan must understand, as a judge, the importance
of the constitution and rule of law and that the voices of
opposition from the diaspora in the U.S. cannot and must not
be the basis for securing her release. Finally, the Prime
Minister said he hoped the U.S. would value the bilateral
relationship's beneficial points as the centerpiece of the
relationship, not the arrest of Birtukan. The Ambassador
added that this would cloud the relationship since it will
come at the start of a new Administration.

COMMENT AND ACTION REQUEST
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8. (S/NF) The Group of Elders is meeting separately with the
Prime Minister and the European Union Ambassadors will meet
among themselves sometime in the next two weeks to discuss
this issue. This self-inflicted damage by the government
will significantly impact on bilateral relations just as a

ADDIS ABAB 00003476 003 OF 003


new President takes office in Washington. More importantly,
it risks serving as the catalyst for political violence which
could lead to domestic instability, which would significantly
impede our ability to pursue critical U.S. objectives in
Ethiopia and the broader Horn of Africa. We strongly
recommend that the Assistant Secretary and the Secretary
raise this issue urgently with Prime Minister Meles in
support of the Ambassador's approach. Should this effort
fail, we should consult with our colleagues to coordinate a
common, and possibly public, message to the Ethiopian
government. END COMMENT AND ACTION REQUEST.
YAMAMOTO