Ethiopia: The Unlawful Detention of OLF Executives: a Blight On Ethiopia's Judicial Integrity

opinion

Addis Abeba — In recent weeks state media have broadcasted a meeting between Prime Minister Abiy Ahmed and leaders of various opposition parties operating in Ethiopia. Under normal circumstances, the importance of such a meeting between a ruling party, led by the sitting prime minister, and leaders and representatives of opposition political parties cannot be overstated in addressing complex social and economic issues that often require collaborative solutions. But the same cannot be said about these recent meetings in the face of an egregious violation of the legal and human rights of key opposition leaders whose absence from the gathering is conspicuous.

Chief among the missing are leaders of the Oromo Liberation Front (OLF) whose unjustified incarceration for four years is not only a troubling indicator of the erosion of judicial independence in Ethiopia, but a step backward for democracy and justice, which PM Abiy is repeatedly heard lecturing the leaders of the opposition he is meeting.

In any democratic society, the rule of law is paramount. It is the bedrock upon which justice is built and the mechanism by which fairness is dispensed. When the judiciary's decisions are disregarded, the very essence of democracy is undermined. Such is the case in Ethiopia, where the continued detention of seven executives from the OLF despite repeated court rulings for their release, represents a grave affront to the rule of law.

For over four years, the OLF has pleaded with the National Election Board of Ethiopia (NEBE) that its senior executive members not only remain held by security forces against repeated orders by various courts but also face torture. In February 2022, the party detailed the harsh conditions faced by the leaders in various detention centers in the former Oromia special zone surrounding Finfinnee, now renamed Shaggar City. The leaders have also been on a hunger strike to protest their prolonged unlawful detention, which has significantly deteriorated their health. Family members are often prevented from visiting them.

Refusal to disclose the whereabouts or circumstances of someone in government custody constitutes an enforced disappearance, a serious violation of international human rights law, and a crime under international criminal law

OLF's senior executives including Mikael Boren, Kenessa Ayana, Dawit Abdeta, Lemi Begna, and Geda Gabisa remained detained in several informal detention centers in the Oromia regional state including in towns such as Mojo, Awash Melkasa, Gelan, Sebeta, and Burayu. "Some of our members are being held in solitary confinement at the Oromia Special Forces camp called Sololia in Gelan town. Most of them are kept in terrible conditions and denied family visitation," the party's PR told this publication two years ago.

In May of the same year, the state-funded Ethiopian Human Rights Commission (EHRC) released the findings of its monitoring of the detention and confirmed that the leaders and members of the party were "detained without due process." EHRC had asked for the immediate release of all, for Oromia regional state to investigate its security officers and officials who were accused of abusing the detaining, including beatings, and hold them to account; it also urged for compensations to be offered to the detainees.

"Court and prosecutor's decisions have been repeatedly violated and the detainees' unlawful detention is a misuse of power, the Oromia regional government should immediately investigate and take appropriate action," said EHRC former Chief Daniel Bekele.

The next month in June, Human Rights Watch (HRW) made a similar call to Ethiopian authorities to immediately release the seven senior figures arbitrarily detained purely for their political roles.

HRW also warned that refusal to disclose the whereabouts or circumstances of someone in government custody constitutes an enforced disappearance, a serious violation of international human rights law, and a crime under international criminal law.

The repeated defiance of court orders by the police to release the executives is therefore not merely a legal issue but a blatant disregard for the judicial system that demands urgent redress

None of that happened, and OLF's executives remained prisoners of Ethiopia's security apparatus.

Their ordeal started in July 2020 and has since been tried by several courts including by the Federal Supreme Court Cassation Bench, which came after the prosecutor's appeal to overturn a decision made by the federal high court setting them free.

This publication has since reported on repeated court orders at various hearings at federal courts setting all of them free. The repeated defiance of court orders by the police to release the executives is therefore not merely a legal issue but a blatant disregard for the judicial system that demands urgent redress. This situation raises serious concerns about the state of human rights and the independence of the judiciary in Ethiopia.

The Oromo Liberation Front, a political organization with a significant following among the Oromo people, has long been a part of Ethiopia's complex political landscape. While the organization has faced accusations of undermining the Ethiopian state for its involvement in insurgent activities, its leaders have been subjected to a protracted legal process even in the absence of armed resistance that included the house arrest of its leader Dawud Ibsa for nearly two years at the same time when the party's executives were summarily arrested. This is long after the party has distanced itself from armed insurgency in favor of pursuing peaceful political struggle.

The release of the OLF executives, as ordered by the courts, would not only rectify a gross injustice but also reinforce the credibility of Ethiopia's commitment to democratic principles and the rule of law and contribute to the existence of a constitutionally restrained political atmosphere

The courts, which have ruled in favor of releasing these executives, have based their decisions on evidence and legal principles. Ignoring these rulings casts a shadow over the entire judicial process, suggesting that political motivations rather than legal principles are at play. It also fosters a culture of impunity and weakens the institutional frameworks that protect citizens' rights.

The Ethiopian federal government must urgently address this issue. The judiciary must be respected, and its rulings must be implemented without bias or delay. The release of the OLF executives, as ordered by the courts, would not only rectify a gross injustice but also reinforce the credibility of Ethiopia's commitment to democratic principles and the rule of law and contribute to the existence of a constitutionally restrained political atmosphere.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.