January 9, 2014Monday December 23, 2013
About
1,400 years ago, Ethiopia had been able to establish a just order far
better than the order that the 21st century society has established.
Prophet Muhammad (Peace Be upon Him) aptly described the then Abyssinian
(Ethiopian) King as, “a King in whose realm no one is wronged.”
The
degree of fairness, truthfulness and civility one must exhibit to
establish a just system worthy of such Prophetic praise is obvious. The
just system that had been in place at that time in this land of ours was
able to provide a safe haven for those [persecuted early Muslims] who
were in dire need of a place of freedom and justice, thus transcending
the bounds of time. However, the tragic situation that we are currently
in would compel us to inquire: “Why is our country, which had been the
flagship of justice at a time when people had limited awareness, turning
a blind eye when the prevailing thrust in the rest of the world is
towards democracy and justice?”
Justice is a deeper truth that
unravels the secret of our humanness thus demanding everyone to realize
it for the benefit of all (fellow creatures) regardless of time, space
and situation, and without discrimination based on religion, country of
origin or ethnic background. Although the notion of Justice is upheld
both by worldly and divine laws, unfortunately, injustice and oppression
are rampant in the real world today. Oppression that used to be openly
perpetrated as a policy by tyrants in the past is being committed by
modern day tyrants who at the same time preach justice, freedom and
equality, thus making the lives of their people more miserable.
Although
the [Ethiopian] government frequently speaks on the media and every
conference about justice and democracy, the reality on the ground is
extremely hard to believe. While it (the government) is actually
committing inhumane excesses that dictators at any era commit, it tries
to justify its actions under the pretext of “guarding the morals, laws
and positive values that the public cherishes.” Our compatriots who
demanded for the respect of justice and freedom are either incarcerated
or dead or forced into exile. It is very ironic that these excesses are
perpetrated in the name of upholding public moral, positive values and
the laws of the land.
The Ethiopian people and the international
community know that the demands the Muslim community made to the
government through their representatives are clear, simple religious and
constitutional rights. However, the government, pretending to be more
Catholic than the Pope, and as if it is the only entity that worries for
the nation’s security and peace and presenting itself as the sole
guardian of the constitution, has tried to distort our legitimate
demands. The constitution is mainly an instrument meant to prevent the
government from abusing its power. Hence the people need the
constitution far more than the government to protect their rights and
assure peace and justice, while limiting the government’s ability to
abuse its power. Hence, it is the government rather than the people that
is prone to violate the constitution since it has the means and the
power to do so.
Although we knew that the government was well
aware from the outset that the Muslim community’s demands have no hidden
motives, we made our goal and demands clear to all in a timely manner
in a bid to avoid undue confusion. In spite of this, however, the
government that was supposed to promote peaceful co-existence among
different nationalities and religions was, and still is, engaged in
efforts to incite intra-Muslim as well as inter-religion violence. This
dangerous and ignominious move could only be foiled with the maturity
and moral strength of our people. The matured stance adopted by the
dignified people of Ethiopia vis-à-vis the Muslim community’s rights
movement was worthy of praise. This mature public response has
successfully reversed the government’s ill attempt that could have led
Muslims and Christians into conflict, and reasserted our peoples’
capability to maintain their long-standing peaceful co-existence through
their farsightedness. The day when this glorious phenomenon will be
related and passed on to posterity as part of our history won’t be long.
As
the Muslim community steadfastly endures the multifarious abuses, the
government has kept on its illegal moves with typical stubbornness
despite peaceful popular resistance and in total disregard to the well
being of its citizens. As a result, it has subjected the people who
raised the three demands as well as their representatives to
incarceration, exile, untold sufferings and death. Our three demands
were: (1) “The government should stop interfering in our religion; (2)
The unelected leadership of the Ethiopian Islamic Affairs Supreme
Council must be removed and a fair election be conducted; and (3) the
government must stop trying to forcefully impose a new belief that we do
not accept!”
Article 17, sub-Article 2 of the FDRE Constitution
says, “No person may be subjected to arbitrary arrest, and no person may
be detained without a charge or conviction against him.” However, when
the security officers made illegal arrests, they commit excesses,
beatings, harassments and tortures that shouldn’t be carried out even
against a captured armed enemy. They arbitrarily arrest people with no
warrant from the courts. They engage in illegal search on individuals’
houses in the evening hours. Needless to say the violent behaviors they
display during such searches traumatize families including children.
Although all these illegal actions are intended to instill fear and
force the people to back away, the legitimate peaceful movement has
gained momentum, and they have become more fearless and ready more than
ever to pay the ultimate price for peace, freedom and justice.
Article
18, sub-Article 1 of the Ethiopian Constitution says that “Everyone has
the right to protection against cruel, inhuman or degrading treatment
or punishment.” Though the constitution stipulates this, however, once
arrested, we were detained for three successive months inside a very
cold dark room known as “Siberia” – so called because of its unbearable
coldness. It was so cold even in the summer that we were even tempted to
question our status as citizens of the nation that allows this cruelty.
Our torturers used the most unbearable methods of torture and coerced
us to confess and sign about something we never did and dreamt about.
When
we were brought to the court, we explained to the judges the sufferings
we were subjected to hoping they could at least order the vicious acts
to stop. However, upon our return to Maekelawi Prison, what awaited us
was more vengeance and brutality in the hands of the investigators.
After looking into the sufferings we went through and the charges
leveled against us, the court did order for our release on bail.
However, the Police ignored the court’s order and refused to respect our
bail rights. When we mentioned about Constitutional rights, the
investigators would respond saying, “tear the constitution and throw it
into trash”, and remind us that they “seized power through sacrifice”
etc. thus showing us that they have little respect for the rule of law
and human dignity. All the sufferings that we have endured on the other
hand have reinforced our belief that we should push on our peaceful
struggle to ensure respect for the constitution, and to strengthen our
determination and commitment further to realize that goal.
Article
19, Sub-article 5 of the Constitution says, “Persons arrested shall not
be compelled to make confessions or admissions which could be used in
evidence against them. Any evidence obtained under coercion shall not be
admissible.” Accordingly, we had filed complains while we were still at
“Maekelawi” [Central Crime Investigation Facility] about the anguishes
and sufferings that we were subjected to. We made it clear to the court
that statements that we gave and signed at the investigation center were
produced through coercion and demanded nullification thereof. However,
our plights were deliberately ignored and we were denied appropriate
response. Later on, after we were charged, we raised and presented the
issues to the court once again, and we are still waiting for the court
to address them through a hearing process.
The violations
committed against our rights to be visited by family members, lawyers
and physicians, as well as the vicious acts they subjected us to:
coercing us to sign and incriminate ourselves and record our voices and
images are inhumane acts punishable by up to 10 years of imprisonment,
according to Article 424 of the Ethiopian Penal Code. We have suffered
extreme psychological and physical abuses in their hands at the
Maekelawi detention facility. They forced us to stand upright for more
than 14-hours without any break; they lashed our backs with wire leaving
it with bruises and scars; they chained us and blind-folded us and
turned us upside down and whipped our bare feet; they employed such
cruel investigation techniques including beating us day and night thus
depriving us of sleep; they tried to humiliate our religion and dignity;
they grabbed and deracinated our beard by force; they compelled us to
shave; they prevented us from observing our daily prayers and meeting
family members, lawyers, physicians and religious mentors; they coerced
us to do physical exercise that is beyond our capacity; and they kicked
our private parts. Moreover, they threatened and traumatized us with
such brutal statements as “we will kill your child! We will torture your
wife in front of you! We will hang a bottle full of water on your
private part and make you sterile!”
As if all these brutalities
were not enough, they indicted us citing an article in the criminal code
that carries the highest level of punishment. While our demand is for
the government to “Let the Constitution Be Respected!”, instead, they
accused us of “conspiring to dismantle the Constitution.” While our
movement is absolutely peaceful, they charged us with “making statements
like “all beliefs other than ours should be eliminated from the
country.” While our demands strictly pertain to religious rights, the
government accused us “of having a hidden political agenda” and tried to
denigrate our peaceful movement. While our demand is “for the unelected
leadership of the Islamic Affairs Supreme Council to be removed, and a
fair election be held,” they charged us with making statements such as
“Down with the government! No to the government!” etc.
The charges
the prosecutor filed against us are full of legal fallacies and
illogical ideas that even a layman, let alone a lawyer, can easily point
to, so much so that statements and words that have never been
designated illegal are referred to as criminal. The charges are so
mundane they could very easily discredit the status of the nation’s
justice system. Although we presented our objection to the
anti-Terrorism Law as well as to the charges pointing the multiple legal
errors, the verdict given by the judges made the case even more obscure
and unnecessarily complicated.
The innumerable violations and
injustices that we have experienced were capable of wearing down all
trust in the justice system and withdraw from the process altogether.
However, knowing very well that the charges leveled against us are far
from the truth, we persisted and entered into the process in a bid to
prove to our people on the arena of justice that our demands are nothing
but about our constitutional religious freedom, and that our movement
is absolutely peaceful.
Article 20, sub-article 1 of the FDRE
Constitution provides that “Accused persons have the right to a public
trial by an ordinary court of law within a reasonable time after having
been charged.” However, the government, fearing that its
poorly-played-out court drama could be exposed to the public, resorted
to hide behind closed door sessions thus violating the country’s supreme
law. During those closed door hearing sessions, we have seen much
drama. We have witnessed instances where prosecutors refused to accept a
verdict by the judges. In what might be an instance of tongue-slip, the
prosecutors revealed that they coached witnesses what to say in the
court etc. During such moments we were indeed wishing “how great it
could have been if there were journalists and diplomats! How great it
could have been if our people were present in the court!” … Yes, we only
wished!
There are legally prescribed rights that every convict as
well as suspect should enjoy at a detention facility. However, those
written rights do not materialize on the ground. The situation is even
worse on prisoners of conscience. Rights are replaced by punishment. In
addition to the common problems that we share with other inmates, the
abuses that we have particularly suffered out of hatred and sense of
vengeance are disheartening to any sensible observer. We are prevented
from being visited by our family members, except by a few of them. They
have discriminated against us by shortening the duration that we could
be visited in a day to only 20 minutes. There is a detainee among us who
is totally prevented from being visited by his children and families.
Most distressing of all, there are detainees who are in poor health who
have been referred by a physician to see a specialist at a hospital, but
were prevented, and also those in need of surgical operation, and those
who need immediate medical attention due to the severe injuries they
sustained from the beatings at Maekelawi but still remain denied proper
medical treatment and ever crying for justice for more than a year and
four months now. Although we have appealed to the pertinent courts about
the various discriminations and abuses we have been experiencing, the
prison authorities have failed to appear in court ignoring the courts’
summons three times so far.
Since the start of the Muslim
Community’s Peaceful Movement, the government has continued violating
the rights of business owners, students, members of the civil service,
religious scholars, teachers, as well as Islamic institutions without
any compunction and in contravention to the constitution. On the day of
Eid Al-Fitr, the festival marking the end of the fasting month of
Ramadan, the government carried out an unforgettably heinous crime
indiscriminately brutalizing the Muslim population in Addis Ababa and
other parts of the country, thus overshadowing with great sadness a day
that was supposed to be one of great joy and festivity. It carried out
indiscriminate detentions, killings and brutal attacks resulting in
permanent physical injuries against our beloved compatriots and
families. All these brutalities reveal on the one hand the government’s
atrocities and the absence of rule of law in the country, while on the
other hand demonstrate our peoples’ commitment and unflinching
determination.
While injustice is abhorred in all religions,
cultures and traditions, paying sacrifice for the respect of freedom and
one’s rights is highly revered. Therefore, we would like to pay our
highest respect for those of you who have been exiled because of your
stance for religious freedom, and those of you who have been beaten up
senselessly and jailed, and those who lost your loved ones for the same
reason. The sacrifices that you are paying today will certainly be the
foundation stone for the religious freedom and equality that will
ultimately prevail in our country.
We would also like to express
our deepest respect and gratefulness to our elders, religious leaders
and teachers (and particularly the youth and women) who, for the last
two years tirelessly demonstrated their commitment to their religion and
made this historic peaceful struggle a reality without giving up
despite the intimidations, harassments, imprisonments, beatings and
killings, and most importantly steadfastly holding on to the line of
peaceful protest. We are very happy and proud of what you have
accomplished so far.
Our Ethiopian compatriots, especially
followers of Christianity, who disregarded the government’s ill attempts
to incite inter-religion conflict and looked into the issue with a
matured and serene approach as well as strived to understand the
reality, we are very grateful to you as well. In fact, of all the
examples that have been cited in the past as regards our mutual
tolerance and peaceful co-existence, the mutual respect and unity that
we have been able to demonstrate in the last two years holds a big
place. We strongly believe that this strong national unity will further
be strengthened and serve as a vehicle for the development of our mother
land.
Moreover, we appreciate the commitment of journalists who
strived to understand the realities of our peaceful movement for our
rights and identify the government’s ill-advised and unconstitutional
moves, as well as for the positive attitudes you exhibited and
constructive criticisms you opined on the process of the movement. You
did these in an environment where freedom of the press is severely and
ruthlessly restricted, and in spite of the intimidations and threats
that you face on a daily basis. Allow us to express our sincere
gratitude to you too!
To our exiled compatriots, Muslims as well
as followers of other religions, who have been striving to contribute
your share out of a desire to see the day when justice and freedom
prevail in our homeland, we are extremely grateful to your sacrifices
and contributions.
Overall, we would like to express our
appreciation to the Ethiopian people as a whole, the business community,
farmers, pastoralists, students, women, men, the youth, the elderly and
others, and to those in the government structure including: judges,
prosecutors, police officers, members of the army and the parliament who
have relentlessly voiced opposition to the government’s
unconstitutional and irresponsible conduct.
Our Message
1.
We urge [all Muslims and Christians] to keep preserving on a solid
foundation the unity and mutual respect demonstrated among Muslims as
well as between Muslims and Christians that came about despite the
government’s efforts of creating discord and enmity. For the country to
come out of the current turmoil and stride on the path to prosperity,
true freedom of religion, equality and mutual respect among people is a
prerequisite, not an alternative. In order to prosper together, we must
replace fear and suspicion by love and trust.
2. We would like to
affirm to our people and the government that we are ready to pay all the
necessary sacrifice to continue our peaceful struggle for our
inalienable rights. We and our people are in full gear and preparedness
for the next round of the peaceful movement for our rights and we
express with great and unwavering determination that we will not back
away from paying all the necessary sacrifices required of us.
3.
We urge the government to stop its unconstitutional adventures and acts,
including the indiscriminate jailing of Muslims, confiscation of
mosques, false accusations and labeling religious personalities,
journalists and rights activists as “terrorists”, and a host of other
violations of constitutional rights. We also urge the government to stop
the inhumane practices and demand for the release of prisoners of
conscience at “Maekelawi” (the Central Crime Investigation Department)
and other detention facilities. We would like to express that it is our
earnest wish to see that all the people of Ethiopia enjoy the fruits of
true peace, justice, democracy and development.
Finally, we appeal
to all concerned to carry on the peaceful struggle forward in a
civilized and well-planned manner and in a much more effective way than
it has been so far with utmost commitment and determination until true
justice and freedom are achieved. We have no doubt that victory and
success will be ours at the end of the day through our peaceful
struggle.
Cc: To all local and international print and electronic media outlets
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