PUBLIC AI Index: AFR 54/057/2007
30 October 2007
Further Information on UA 190/07 (AFR 54/038/2007, 20 July 2007)
Forcible return/Fear of torture/ Arbitrary detention
SUDAN Several hundred Ethiopian and Eritrean nationals
The Sudanese authorities forcibly returned 15 refugees to Ethiopia on 27
September. They are now at risk of enforced disappearance, arbitrary and
incommunicado detention, torture and unfair trials. They were among the several
hundred Ethiopian and Eritrean nationals who were arrested by Sudanese
authorities in early July. (See UA 280/07, AFR 25/024/2007, 30 October 2007)
The Office of the UN High Commissioner for Refugees (UNHCR) announced on 11
October that the 15 had been part of a group of more than 30 Ethiopian refugees
arrested in early July 2007 by Sudanese intelligence officers in Khartoum and
Blue Nile state, and expressed fears that up to 20 more refugees still in jail
were facing forcible return. The UNHCR said that the Sudanese authorities had
not responded to its repeated appeals to provide information about the
remaining refugees in detention and prevent them being forcibly returned.
Amongst those who were returned and detained are reported to be alleged members
of the Oromo Liberation Front (OLF), which is fighting the Ethiopian security
forces in the Oromia Region. Several thousand members of the Oromo ethnic group
have been arbitrarily detained and tortured in Ethiopia in recent years.
BACKGROUND INFORMATION
Hundreds of Ethiopian and Eritrean nationals were arrested in Sudan in early
July 2007. Many of those detained were asylum-seekers or recognized refugees.
Some were held in Omdurman prison in Khartoum, but the whereabouts of most is
not known. Some were taken to court in Khartoum, charged with illegal entry and
summarily sentenced to imprisonment or immediate deportation as "illegal
migrants".
Sudan is a party to the International Covenant on Civil and Political Rights
(ICCPR), the 1951 Convention relating to the Status of Refugees and its 1967
Protocol, and the Organization of African Unity (OAU – now the African Union)
Convention Governing the Specific Aspects of Refugee Problems in Africa, all of
which oblige the authorities not to forcibly return any person to a country
where they risk torture or other serious human rights violations.
The Sudan government has recently improved political relations with both the
Ethiopian and the Eritrean governments. The recent detentions of Ethiopians
came immediately after the Ethiopian foreign minister visited Sudan in June
2007. Many of the detainees have been living in Sudan as refugees since the
late 1970s, and others are opponents of the government of Prime Minister Meles
Zenawi in Ethiopia, who have been arriving in Sudan since the 1990s to seek
asylum.
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URGENT ACTION
Ethiopia: Forcible return/ fear of torture or ill-treatment/incommunicado detention/
prisoner of conscience
PUBLIC AI Index: AFR 25/024/2007
31 October 2007
UA 280/07 Forcible return/fear of torture or ill-treatment/incommunicado
detention/prisoner of conscience
ETHIOPIA Atanaw Wasie (m), aged 74, political activist
14 Ethiopian refugees
On 27 September, the Sudanese authorities forcibly returned 15 recognized
refugees to Ethiopia, handing them over at the Ethiopia-Sudan border. Their
whereabouts are now unknown and Amnesty International believes they are at risk
of enforced disappearance, arbitrary and incommunicado detention, torture and
unfair trials.
The Office of the UN High Commissioner for Refugees (UNHCR) announced on 11
October that the 15 had been part of a group of more than 30 Ethiopian refugees
arrested in early July 2007 by Sudanese intelligence officers in Khartoum and
Blue Nile state.
Among the 15 was Atanaw Wasie, who has chronic asthma for which he needs
medical treatment. He was a leader of the Ethiopian Democratic Union (EDU)
political party, which opposed the Dergue government that was overthrown in
1991, but is no longer active. He was arrested on 7July 2007 in the eastern
town of Gedaref and held incommunicado.
Others who were returned and detained are reported to be alleged members of the
Oromo Liberation Front (OLF), which is fighting the Ethiopian security forces
in the Oromia Region. Several thousand members of the Oromo ethnic group have
been arbitrarily detained and tortured in Ethiopia in recent years.
BACKGROUND INFORMATION
The Ethiopian foreign minister visited Sudan in June 2007. Shortly afterwards,
in early July, hundreds of Ethiopian and Eritrean nationals living in Sudan
were arrested. Many were asylum-seekers or recognized refugees. Many of the
detainees had been living in Sudan as refugees since the late 1970s; others
were opponents of the Ethiopian government of Prime Minister Meles Zenawi, who
have been arriving in Sudan since the 1990s to seek asylum
Ethiopia is a party to the International Covenant on Civil and Political Rights
(ICCPR) and the African Charter on Human and Peoples' Rights, both of which
oblige the Ethiopian authorities not to torture individuals, detain them
arbitrarily or detain them incommunicado. Both also oblige the authorities to
allow detainees access to lawyers, relatives and all necessary medical
treatment.
AI Index: AFR 25/024/2007 30 October 2007
WASHINGTON, D.C. – U.S. Rep. Chris Smith (Republican-NJ) spoke, Oct 22 at the National Press Club, of his efforts to advance human rights reform in Ethiopia. He vividly described his recent meeting in August 2007 with head of the Ethiopian government, Prime Minister Meles, whom he portrayed as blindly rejecting the fundamentals of human rights and democracy.
Following that meeting, Rep. Smith felt the need to write HR2003, "Ethiopia Democracy and Accountability Act of 2007," which is co-sponsored with Rep. Donald Payne (D-NJ). The bill would make certain forms of U.S. Government assistance conditional on the Ethiopian government meeting a list of human rights benchmarks. Earlier this month, the House passed and sent it to the Senate.
Rep. Smith is a senior member of the House Foreign Affairs Committee and Ranking Republican of the Committee's Africa and Global Health Subcommittee.
Rep. Smith's legislative efforts are being strenuously opposed by the Ethiopian government and its embassy here which say that the U.S. should not criticize an ally on the war on terror. Getting the billed passed by the House of Representatives was no small task given the "furious lobbying by the Ethiopian Government," said Smith, who fears it may be doomed in the Senate or by the Bush Administration. A reason often heard for opposing the bill is that it does not recognize that the situation in Ethiopia has improved.
VOICE OF REASON: Alaile Mariam makes a comment at Chris Smith's press conference at the National Press Club on Oct 22 in Washington, D.C. Mr. Alaile, who represents the newsletter, "Ethiopian Voice of Reason," asked Rep. Smith to listen better to the government's side. (Gary Feuerberg / The Epoch Times)
"When a dictatorship, even if that dictatorship that is a friend of the United States, we need to speak out on behalf of the victims… When you are in a torture cell, it matters little whether it is a right-wing dictatorship or left-wing... It hurts just as well," he said at the news conference in response to his critics.
Human rights abuses in Ethiopia, including the injuring and killing of hundreds of peaceful protesters and the detention of thousands, are well documented. Amnesty International reported that the government has subjected opposition party members to beatings, detention on trumped up charges, harassment and disappearances, according to 2007 report of Freedom House. Journalists and editors of the independent press routinely face harassment and prosecution for alleged violations of strict press laws in Ethiopia, according to the "findings" section in the bill HR2003.
Dozens of journalists have fled the country, and some are currently in exile fearing prosecution or harassment. "With at least two journalists imprisoned on press law violations and 14 held for treason, Ethiopia is now the third-leading jailer of journalists in the world after China and Cuba," says the Committee to Protect Journalists.
What triggered Smith's bill and the holding of this special press conference was the Ethiopian government's brutal repression of the protests following the May 2005 contested election and related violence in November 2005. In June, Ethiopian security forces killed 193 people who were protesting alleged election fraud in the May election, according to an "Independent Commission of Inquiry" ("The Commission") established by the Ethiopian Parliament. Later, in Nov 2005, the governments' response to the protests of the May election results led to approximately 53 deaths of protesters and seven policemen. Tens of thousands of people suspected of being opposition supporters have been detained over the past months, although many of these detainees have been released.
Measures were taken to intimidate and criminalize the leading opposition group. The chairman of the latter (Hailu Shawel), the newly elected Mayor of Addis Ababa (Berhanu Nega), and the founder of the Ethiopian Human Rights Council (retired geography professor Mesfin Wolde Mariam), and many more political leaders, human rights activists, community leaders and journalists were arrested and charged with treason and genocide (capital crimes), according to the "findings" of HR2003. In one trial of 33 persons, some defendants complained in court that they had been tortured to make false confessions, says AI.
Independent Commission's Findings on the Slaughter of Protestors
The conduct of the elections of May 2005 was seen by observers to be relatively free and fair, especially compared to past elections. More than 90% of registered voters participated and dozens of political parties took part in the elections. Some international groups observed the elections, and unprecedented access to the mass media was given to the opposition. There were even televised debates between the government and the opposition. However, the government announced suddenly it would not allow trained local groups from observing the election. So, when the government delayed announcing the results and certain irregularities were observed, the opposition accused the government of stealing the election and called for civil disobedience, which resulted in the killing of scores of demonstrators. Additionally, the government detained opposition leaders and thousands of their followers, including 11 elected members of parliament and the elected mayor of Addis Ababa.
The Commission of Inquiry was tasked to investigate whether government security forces used excessive force or showed a lack of respect for human rights during the violence in June 8, 2005 and November 1-10, 2005. The Commission took the testimonies from 1,300 people. The Commission concluded that 763 civilians were injured and 193 killed, and also reported that 71 police officers were injured and 6 killed. The Commission stated that civilians did not use weapons. Congressman Smith referred several times at the news conference to the 193 killed as "shot to the head."
After the Commission reached its decision, the Ethiopian Government reportedly began to put pressure on Commission members to change their report. "The Chairman of the Commission, a former Supreme Court President of the Southern Region of Ethiopia, was told by a senior advisor of Prime Minister Meles Zenawi to call for an emergency meeting of the Commission in order to change the Commission's report," says the bill. Several Commission members, including the Chairman and the Deputy Chair, fled the country with the final report, and other documents relevant to the investigation. It has been briefed to members of the U. S. Congress.
Congressman Smith's Talks with PM Meles
At the press conference, Rep. Smith recounted his efforts to reason with the Ethiopian head of government.
"I also had a lengthy meeting with Prime Minister Meles Zenawi. I urged him to investigate the slaughter of the pro-democracy demonstrators, to punish those responsible, and to release all political prisoners. I raised my deep concerns regarding the lack of fairness—especially the intimidation tactics employed by his agents—during recent national elections… I also raised concerns regarding the egregiously flawed means by which contested election outcomes were being adjudicated."
Rep. Smith pleaded with PM Meles to bring back the International Republican Institute (IRI) and the National Democratic Institute that were monitoring the election and who he had kicked out of the country. He asked Meles to work with the opposition and show respect and tolerance for those with differing views on the challenges facing Ethiopia.
Smith quoted Meles answer: "I have a file on all of them. They are all guilty of treason."
Rep. Smith found the PM's answer repulsive and unacceptable. Meles was condemning his opponents without even a trial, said Smith. Pondering the intransigence of the Prime Minister, Rep. Smith wrote a draft Ethiopia human rights bill on the plane back to Washington. It is similar to other bills he has authored: the Belarus Democracy Act (signed into law in Oct 2004 by President Bush) and the Vietnam Human Rights Act, which passed the House most recently on Sep 17.
At the press conference, Smith was accused by some as not being even-handed in the stand-off between the government and coalition of opposition parties. One person mentioned the statement he attributed to the opposition of seeking to "overthrow the government" and said he did not address the seven policemen killed according to the independent Commission of the Ethiopian Parliament.
Congressman Smith defended his actions, explaining that the government's lethal response and incarceration of its legitimate opponents is way out of line and that it needs to respect human rights and democracy. Smith described his own experience of being in the minority as a Republican for 14 years, then the majority for 12 years, and at the last election, he is in the minority again. These are instances of a government being "overthrown," but by the ballot box, peacefully, he said, adding that he doesn't like being in the minority, but that is the way democracies should work.
"No one put me up to this bill," Smith said emphatically, to dispel any notion that he was not 100% sincere in his wish to help Ethiopia.
"No one is above the law. Everyone has to live under the law, including [Prime Minister] Meles," Smith said.
Epoch Times
