AMNESTY INTERNATIONAL
November 03, 2012
November 03, 2012
The Ethiopian authorities are committing human rights violations in response to the ongoing Muslim protest movement in
the country. Large numbers of protestors have been arrested, many of
whom remain in detention. There are also numerous reports of police
using excessive force against peaceful demonstrators. Key figures within
the movement have been charged with terrorism offences. Most of those
arrested and charged appear to have been targeted solely because of
their participation in a peaceful protest movement.
Tens of
thousands of Muslims have participated in regular peaceful protests
throughout 2012, opposing alleged government interference in Islamic
affairs. Protestors accuse the government of attempting to impose the
teachings of the Al Ahbash sect of Islam on the Muslim community and of
interference in elections for the Supreme Council of Islamic Affairs.
Ethiopia’s
Constitution prohibits state involvement in religious affairs. The
Constitution also contains an expansive provision on the right to
peacefully protest, which is routinely flouted by the authorities.
Allegations of excessive use of force by police
An
incident that occurred in Gerba town, in the South Wollo zone of the
Amhara region, on Sunday 21 October -during which police officers fired
on civilians, killing at least three people and injuring others – raises
serious questions about the use of deadly force against protestors. In
speaking about the incident to the media, the government confirmed the
three deaths but claimed that protestors had attacked a police station
armed with machetes and hand guns to try to secure the release of
another protestor who had been arrested earlier in the day. The
government also stated that a police officer was killed in the alleged
attack. However, the protestors report that they had peacefully demanded
and secured the release of the arrested person during the morning of 21
October and the protest had subsequently dispersed. Later in the day
federal police, called in as reinforcements, arrived at the mosque in
Gerba town and opened fire, targeting people coming out of the mosque as
well as others in the vicinity. One man told Amnesty International that
he had seen a police officer killed in the ensuing violence. Other
witnesses said they could not confirm any police deaths. An unknown
number of arrests are reported to have taken place during the incident
on 21 October and more arrests reportedly occurred in the aftermath of
the incident, including the arrests of people who spoke to the media
about events.
Amnesty International has previously reported on
similar, incidents of police allegedly using excessive force. In July
Amnesty International called for an investigation into two incidents –
at Awalia and Anwar mosques in Addis Ababa – in relation to which
numerous allegations were made about excessive use of force by police,
including firing live ammunition and beating protestors in the street
and in detention, resulting in many injuries among protestors. However,
no investigation has taken place to Amnesty International’s knowledge.
Amnesty
International is also calling for an independent investigation into an
incident that took place in Asasa town, Arsi district, Oromia region in
April in which the police reportedly shot dead at least four people.
Reports about the incident from the government and from those involved
differ widely. The violence is reported to have occurred when the police
attempted to arrest an Imam from the mosque. In statements to the press
after the event, the government stated that supporters of the Imam
attacked the police station to try to secure his release. However, local
sources told the media that the police had opened fire in the town when
supporters tried to prevent the man’s arrest. The government claimed
the Imam had been preaching extremist ideology. However the protestors
claim that the attempted arrest was because the Imam had refused to
undergo ‘training’ in Al Ahbash ideology, which the government had made
obligatory for Muslim preachers.
Use of Anti-Terrorism legislation against leaders of peaceful protest movement
On
29 October, 28 men and one woman were formally charged with ‘terrorist
acts’ and ‘planning…, incitement and attempt of terrorist acts’ under
the Anti-Terrorism Proclamation (2009) in relation to their involvement
in the protest movement. Two Muslim organisations were also charged
under the same law with ‘rendering support to terrorism.’ Those charged
include nine members of the committee selected by the Muslim community
to represent their grievances to the government, and one journalist,
Yusuf Getachew, who works for the publication Ye’Muslimoch Guday (Muslim Affairs).
These
individuals appear to have been arrested and charged solely because
they exercised their human rights to freedom of expression and to
participate in a peaceful protest movement. Since its introduction in
2009 the excessively broad Anti-Terrorism Proclamation has predominantly
been used to prosecute dissenters and critics of the government,
including journalists and members of political opposition parties.
At
least 24 of those charged on 29 October were arrested in mid-July and
have been held on remand under the Anti-Terrorism Proclamation, which
allows for up to four months of investigative detention without charge.
The defendants were detained illegally for the last five days before the
charges were brought, after the police and prosecutors failed to turn
up to a hearing on 24 October at which they were required to present
charges and evidence, causing the judge to declare the case closed,
according to one of the lawyers for the defendants. However, the judge
did not order the release of the group, who were then brought to court
on 29 October and charged.
A senior representative of the
government told Amnesty International that the arrested individuals
instigated violence and were trying to undermine the Constitution under
the guise of religion. Similar statements from other senior members of
the government have also been reported in the media. Amnesty
International is concerned that, in a country where the government has
significant influence over the courts, these comments may undermine the
right of the accused to presumption of innocence.
The government
has repeatedly attempted to paint the protest movement as violent and
terrorist-related in statements to the media and in parliament. However,
the vast majority of the protests are reported to be peaceful, and
peaceful tactics have repeatedly been used by the protestors, including
silent demonstrations and holding up white material, paper and ribbons
as a sign of peaceful intent. While a few isolated incidents of violence
have occurred, these have taken place during episodes where excessive
police force is alleged. According to the accounts of the protestors, it
was the actions of the police that triggered a violent response.
Independent investigations are required to establish the course of
events during these incidents.
Continued arrests and detention of peaceful protestors
Since
July, when large numbers of arrests took place and incidents occurred
at Awalia and Anwar mosques in Addis Ababa, protests have continued to
take place in several regions, including in the towns of Dessie, Jimma,
Harar, Shashemene, Adama, Bati, Kemise, and Robe. In addition to the
original grievances of the movement, the protestors also demonstrated
against the continued detention of members of the committee chosen to
represent the Muslim community’s grievances to the government. Arrests,
arbitrary detention and harassment of protestors are reported to have
taken place in a number of locations.� Many of these reports have
included allegations of police beating protestors, and the use of tear
gas against peaceful demonstrations has been alleged in at least two
locations.
Many demonstrations occurred in advance of elections
for the Supreme Council of Islamic Affairs, which took place on 7
October. Although the long delay in holding the elections was one of the
central grievances of the movement, the protestors raised several
serious concerns in relation to the elections, including: the fact that
the elections took place while their chosen representatives remained in
detention; the level of control the government had over the poll; and
the rejection of the protestors’ long-standing demand that the elections
should be held in mosques instead of in kebele (local administration)
offices. Demonstrators also allege that the government was coercing
voters in advance of the election, threatening the withdrawal of access
to state resources and other repercussions for those who did not vote.
In statements made to Amnesty International and to the media, members of
the protest movement have reported that a significant proportion of the
Muslim community boycotted the poll, although the government declared
the elections a success.
It is not known how many protestors are
now in detention. Hundreds of arrests have been made over recent months.
Of the large numbers who were arrested around the two July incidents,
as reported by Amnesty International on 25 July, many were detained for a
few days and subsequently released. However, an unknown number remain
in detention, in Maikelawi, Ziway and other detention centres.
Efforts to prevent reporting on the government’s response to the protests
The government has sought to prevent reporting on the protest movement. Two colleagues of Yusuf Getachew from Ye’Muslimoch Guday fled the country after Yusuf was arrested and their own houses were searched. Neither Ye’Muslimoch Guday nor two other Muslim publications – weeklies Selefiah and Sewtul Islam – have
been published since the July events. A correspondent for Voice of
America was temporarily detained on 5 October in Addis Ababa while
reporting on protests against the Supreme Council elections, and was
told to delete any interviews she had recorded with protestors.
***
The
response of the Ethiopian government to the protest movement has
involved widespread violations of human rights. There has been almost no
effort on the part of the authorities to engage with the protestors on
their grievances or to put in place mechanisms for dialogue.
Amnesty
International believes that the majority, if not all of those arrested,
have been detained for exercising their right to peaceful protest, as
protected under the Ethiopian Constitution and international law. The
organization is calling on the Ethiopian authorities to release
immediately and unconditionally any individuals who have been detained
for their participation in protest actions. All detainees who remain in
detention without charge must be brought swiftly before a judicial
authority. Where credible evidence of a criminal offence exists people
must be charged promptly, or should be immediately and unconditionally
released. All detainees must have their rights in detention upheld, be
provided with full access to legal representatives, medical care if they
require it and to family members.
The reports of police use of
excessive force against protestors in Gerba on 21 October, in Addis
Ababa in July and in Asasa in April, must be properly investigated
through processes that meet international standards in relation to
impartiality and credibility. If enough admissible evidence of crimes is
found, suspected perpetrators should be prosecuted in effective trial
proceedings that meet international standards
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