The mission had in particular the mandate to observe the trial of two professors of the University of Addis Abeba and well-known human rights defenders, Professor Mesfin Wolde Mariam and Dr. Berhanu Nega.
The trial started at 10 a.m. on 10 April 2002 but only lasted a few minutes.The judge declared the session postponed until 22 June 2002, allegedly because the Court only received the file two days before the hearing. It is the second time that this trial is delayed: it was initially supposed to take place on 5 December 2001.
The Observatory expresses its deep concern about the situation of the two human rights defenders and suspects that the authorities are freezing the judicial proceeding in order to keep the pressure against any dissenting opinion. More generally, the situation of human rights defenders remains worrying throughout the country.
Threats and harassment against human rights defenders are regular. All the organizations met by the Observatory’s delegates reported cases of arrest, imprisonment, internment and execution of human rights defenders. It should be recalled that Ato Assefa Maru, member of EHRCO, was killed by the Federal Police on 8 May 1997 ; Taye Wolde Semayate, President of ETA (Ethiopian Teachers Association), is in prison since 1996 ; Gemorau Kassa, Secretary general of ETA, is in exile in London since 1997 ; Dawi Ibrahim, former President of the Confederation of the Ethiopian Trade Unions, living in exile since several years.
The right of assembly is systematically violated although it is guaranteed in the Ethiopian Constitution.
There are also many hurdles to the exercise of the right of association, although it is also guaranteed by the Constitution : registration to the Ministry of Justice necessary to create a civic or a human rights association is generally denied, or it is only conferred after many years.
EHRCO (Ethiopian Human Rights Council - an organisation affiliated to the FIDH and the OMCT) was legalized only seven (7) years after it applied for registration to the Court. Other organizations such as the Ethiopian Teachers Association (ETA), the Ethiopian Journalist Association and the Ethiopian Women Lawyers Association had their activities delayed similarly.In addition, journalists are victims of harassment and judicial procedures in order to prevent them to work independently. This is a blatant violation of freedom of expression.
Although the Ethiopian Constitution is quite advanced on human rights, police violence, summary executions and arbitrary detention and internment are common. The legislation seriously lacks implementation.
Fear and insecurity are omnipresent in Ethiopia and prevent citizens from demanding the respect of their rights.
In view of the information gathered by its delegates, the Observatory calls on the Ethiopian authorities to :
– Drop the charges against Prof. Mesfin Wolde Mariam and Dr. Berhanu Nega : those accusations are arbitrary since they aim at sanctioning the legitimate exercise of freedom of expression
– If there are valid charges against them, ensure a fair and fully independent trial for Pr Mesfin Wolde Mariam and Dr. Berhanu Nega, without undue delay (art. 14 of the International Covenant on Civil and Political Rights )
– put an end to all forms of harassment of human rights defenders, and ensure that they are allowed to carry out their work without obstacles, in conformity with the UN Declaration on Human Rights Defenders of December 1998.
– ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards, and as spell out in the Ethiopian Constitution.
Reminder of the facts : Professor Mesfin Wolde Mariam and Dr. Berhanu Nega are accused of inciting students to demonstrate against the regime. The arrest and detention of Professor Mesfin Wolde Mariam and Dr. Berhanu Nega took place in April 2001, in the wake of the exercise by students of the University of Addis of their right of peaceful assembly and of speech guaranteed under the Ethiopian Constitution. 41 students were killed and over 400 are in exile living in camps in Kenya and Sudan. The demands of the students have not been addressed ; instead Professor Mesfin Wolde Mariam and Dr. Berhanu Nega were arrested and detained for one month, then were released on bail after a hunger strike.
Other personalities and more than one thousand (1000) students were arrested and are still awaiting trial.