Monday 27 November 2017
Ethiopia: Political prisoners and their accounts of Torture
Part II.
This is the second part of torture accounts of prisoners in Ethiopia’s prisons. Association of Human Rights in Ethiopia (AHRE) has gathered testimonies of torture and other inhuman and illegal treatments of prisoners in detention centres, prisons, military camps, and other undisclosed areas.
The selected stories are translated from Amharic with the aim of notifying the international community the dire conditions of Ethiopia’s political prisoners at this time, and the highly disturbing prison system in the country. The stories also affirm Ethiopia’s government’s politicized use of the ominous Anti-Terrorism Proclamation, and the inability of the justice system to protect the safety of prisoners. Equally important- the prisoners’ accounts also exemplify the ways Ethiopian authorities, in violation of constitutional and international obligations, continue to use power to silence, criminalize, torture, and kill dissidents.
- Belayneh Alemneh: Age 29, resident of Amhara Regional state, Bahir Dar
He was detained on October 2016. Belayneh and five other defendants on under file name Nigist Yirga et al, were officially charged on January 20, 2017, for the offense of contravening articles 3(4) and (6) of the Anti-Terrorism Proclamation. The case is still open.
Charge description: Recruiting members Ginbot 7 (listed as a terrorist organization by Ethiopia’s government); travelling to Eritrea to take political and military training; communicating with the London based Dr. Tadesse Biru on Facebook and notifying his allegiance to Ginbot 7, and his plans to engage in military warfare with Ethiopian troops; reporting to ESAT TV about the protests in Amhara region; damaging government and personal properties.
Belayneh’s testimony:
“Security officers apprehended me when I was entering into my office in Bahir Dar, and took me to Bahir Dar Police Station. I spent the night there lying on the floor without any food. The next day, they took me to intelligence bureau in Bahir Dar, and severely beat me for two consecutive days. They were demanding that I falsely testify against Engineer Yilkal Getnet and Abebe Akalu, leaders of Semayawi Party (a legally registered political party), and testify to the court that they are linked with Ginbot 7.
The beating got worse after I moved to Maekelawi prison in Addis Ababa; they beat me with their stick and electrical wires. Sometimes they would call me in the middle of the day for interrogation and had me skip my lunch; other times they would call me at 9:00 PM and beat me until 12:00 AM. I was very hurt and too weak to move on my own for three days.”
- Lakew Robe: Age 67, resident of Oromia regional state, Berhe woreda, kiade kebele.
He is 18th defendant under the file name Olana Kebede et al, who were charged for the offense of contravening article 32(1)(a) of the FDRE Penal Code of 2004 and article 7(1) of the Anti-Terrorism Proclamation (652/2009).
Charge description: Along with five other defendants in the same file- being a member of Oromo Liberation Front (OLF) (Listed a terrorist organization by Ethiopia’s government); organizing themselves in cell structure; assigning themselves duty and responsibility; recruiting members; communicating with and receiving missions, training and money from leaders of the terror organization based abroad for the purposes of executing missions.
Lakew’s testimony: “I used to be a healthy person, but that changed after I was arrested. I am now suffering from diabetes, cholesterol, hemorrhoids, and kidney failure. I got all of these due to the abuse and maltreatments I endured in prison. It is very hard to get proper treatment here. The prison system has a procedure of releasing chronic patients before they finish their prison time, but the prison officials hid my medical file so as to deny me an early release. They also refused to grant me admission to referral a hospital for better treatment.
- Mamushet Amare resident of Addis Ababa, Bole Sub City
He is charged for the offense of contravening Article 4 of the Anti-Terrorism Proclamation (652/2009.
Charge description: Recruiting members for the purpose of spreading the people’s protests in Amhara region to other parts of the country; organizing and leading the movement in Gonder and Gojjam by communicating with individuals in Ethiopia and in exile; recruiting members for Ginbot 7, and sending them to Eritrea; opening a military training in Semien Shewa so as to overthrow the government in a coup, and training and arming members.
Mamushet had already been imprisoned and released 11 times before his recent arrest; this is his 12th., making him the most frequently imprisoned political prisoner in Ethiopia.
Mamushet testified that he is suffering from nerve disease and haemorrhoids, both due to ill-treatments he faced in prison, especially in “Siberia” ward at Maekelawi prison in Addis Ababa where movement and exposure to sunlight was impossible. He is also denied further treatment despite his deteriorating health and against the advice of prison health officials for a better treatment at a referral hospital.
- Two prisoners, Armaye Wako and Mohammed Chane Gebeyehu, were beaten to death in prison
During a court hearing on October 25, 2017, defendants under the file name Bisrat Berhanu et al, told Lideta Federal High Court 3rd Criminal Bench that two prisoners under the same file were beaten to death.
Armaye’s father recounts his conversation with his late son:
“He was moved to Showa Robit prison follwing Qilinto fire outbreak[1]. When I went to visit him, his hands and face had swollen; he told me they were beating him. He couldn’t talk freely because security guards were closely monitoring us. He was wearing shorts, and was almost naked. I saw that there were bruises on his feet. He told me they hit him every evening, and said they tied a plastic water bottle to his testicles; he had difficulties waring trousers.
Later, they moved him back to Qilinto, but the beating got worse. In the summer 2016, they took him to a solitary confinement for 15 days, claiming he provoked other prisoners to rebel. He was born and raised in Addis Ababa, but they claimed he was OLF member simply because his family members were born in Ambo. He told me they were threatening to kill him. We used to visit him once a week, but he asked us to visit him at least three times a week so we could at least receive his body on time if they kill him.”
The first defendant in the same file, Bisrat Abera said this in court:
“They kicked Armaye to death in the chest with their shoes; I was there when it happened. They beat many of us in the presence of the prison head, Superintendent Assefa Kidane. We have already asked the court last time to move us to another prison. We are at the hands of killers; where can we go?
I am risking my life for speaking today, but what else can I do? I have asked before and I will ask again now; please don’t send me back to Qilinto. Move me to either Kaliti or Maekelawi prison. I know about the violations in those prisons, but nothing can be compared to Qilinto. I will not go back there again; they will kill me.”
The court however declined to order the transfer.
A complaint letter signed by his father, his mother, his sister, and one other family member was filed to court. Excerpt from the letter reads:
“We went to prison to see him on September 12, 2017, but prison officials told us he was in the hospital for stomach ache, and told us to come back the following day; so, we went back home. That same night they called his sister from prison and told her that he had passed away, and that we could take his body from St. Paul Hospital Millennium Medical College.
When we went there, we saw that his head was crushed from violent beating; his belly was cut open and stitched back. (In another testimony, his father requested for autopsy saying, “it looks like Armaye’s organs were taken out”) His body was laid to rest in St. Rufael Hospital on September 13, 2017 at 3:00 PM.
We kindly urge the court to hold accountable Zone 5 security officials who were on duty on September 11 and 12 and bring them to justice. …. And taking what happened to Armaye into consideration, to provide legal protection to his brother Tewodros Waqe who is detained in Kaliti prison.”
N.B: Tewodros Waqe and his brother Armaye Waqe were initially arrested and charged for the offense of possessing and selling drugs under the same file and were put in 2 different prisons. Following Qilinto fire outbreak, prosecutors filed criminal charges against 121 prisoners, and later added additional 38 prisoners charging them for the offense of contravening different articles of Anti-Terrorism Proclamation (652/2009) and the 2004 penal code. Armaye was on the list of the first 121.
Pictured above: Armaye Waqe
- Testimonies of two Monks from Waldba Monastry: Father Gebre Eyesus Gebre Mariam and Father Gebre Sellasie Wolde Haymanot
Two monks, facing terrorism charges, have reported that they are being harassed and intimidated by prison officials. On October 26, 2017 Father Gebre Eyesus Gebre Mariam and Father Gebre Sellasie Wolde Haymanot told the Federal High Court that they have faced various kinds of maltreatment and intimidation at Qilinto prison.
Father Gebre Eyesus said, “We have already been assaulted and beaten in Maekelawi prison. Now in Qilinto, we are physically and psychologically assaulted. We are prohibited from praying and from sharing our meal with prisoners who don’t have visitors (Usually prison food is of poor quality, and prisoners receive food from family members and other visitors).
Father Gebre Sellasie on his part said in court: “The government demolished Atseme Kidusan, (a part of Waldeba Monastery), including the surrounding forest. It was my hope and my refuge. We filed a complaint, but to no avail. In fact, I have been harassed since 2004 ever since I complained about the destruction. And now in prison, I am a target of abuse and maltreatment. Our country has no government, only God protects her.”
Recommendations:
AHRE urges the Ethiopian authorities to fully comply to its constitutional and international legal obligations and commitments including under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that Ethiopia has ratified.
AHRE urges the international community, particularly the United Nations Commission on Human Rights and the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, to urgently demand the Ethiopian authorities to comply to UN standards and agreements Ethiopia has signed and to the country’s own constitution regarding treatment of prisoners.
We also urge the Special Rapporteur to conduct fact-finding country visits in Ethiopia to investigate the allegations of inhuman treatment of prisoners in Ethiopia’s prisons.
Ethiopia: Political prisoners and their accounts of Torture
Part One
Association for Human Rights in Ethiopia (AHRE) is deeply concerned about the ongoing and consistent allegations concerning the use of torture, ill-treatments, and harsh prison condition in Ethiopia against opposition party members, journalists, human rights activist, other political dissidents, and terrorism suspects by security forces. AHRE has received numerous reports of torture during the pre-trial police interrogation and the trial period.
In violation of the constitutional and international obligations, the Ethiopian authorities have consistently subjected political dissidents to unlawful detention, torture, and other ill-treatments. In many occasions, prisoners have testified countless allegations of torture particularly at the notorious detention centre, Federal Police’s Central Investigation Bureau, better known as Maekelawi, in Addis Ababa.
Local and international human rights institutions have produced several reports of maltreatment of Ethiopian prisoners amounting to torture and other inhuman treatments.[1]Association of Human Rights in Ethiopia (AHRE) has gathered testimonies of torture and other inhuman and illegal treatments of prisoners in detention centres, prisons, military camps, and other undisclosed areas. We are sharing five of the testimonies below.
- Zeray Azmeraw Geletaw; age 32, an agriculture expert and resident of Amhara Regional State of Northern Gonder Zone, Dabat Woreda, Ganora Kebele.
Charges: (fourth defendant under file name Kindu Dube et al.) Contravening of article 32 32(1) A of the 2004 Penal Code and anti-terrorism proclamation 652/2009:
Charge description: for being a member of the outlawed Ginbot 7 listed as a terrorist organization; recruiting members; joining a Guerrilla militia in Dabat town of Northern Gonder; leading the militia; engaging in armed conflict with Ethiopia’s military; detonating explosive in Gonder.
Zeray’s testimonies: “I am an agriculture expert in Dabat town of Gonder, Amhara Regional State of Ethiopia. I was arrested on January 15th, 2017 and was taken to Gonder Intelligence office. The officials there severely beat me for three consecutive days before moving me to Addis Ababa; that has left a permanent scar on my back. Here in Addis Ababa, I have spent two months in Maekelawi prison; I was put in “Siberia” (named so because of its freezing temperature; the worst block of the three blocks of Maekelawi) where I was interrogated and was forced to confess. After my confession, I was then transferred to ‘Sheraton (prisoners in this block have more freedom).
However, the security officers sent me back to cell number 8 (a very small dark detention room) soon after; that same night, they called me up for interrogation. There were several officers in the room; they said that I was hiding something from them and demanded that I tell them everything. I told them there was nothing that I had not told them, but they did not believe me.
The officers encircled me, and I stood in the centre. I recognized one of the interrogators who was standing behind me; he was one of the officers who interrogated me few days before. This time, he was wearing a thobe; I noticed when I entered that he was holding something in his hand, and was trying to hide it by putting his hand behind his back.
I don’t remember what happened next. I woke up the next morning and thought the whole thing was a dream. Prisoners in the adjoining cell told me that someone carried me back to my cell that night. My whole body was shaking; the prisoners checked my whole body and saw a tiny circle bruise on my back, there were no other marks. My body kept shaking uncontrollably, so security guards and few prisoners carried me to the prison clinic which then wrote a referral to another hospital. I was taken to Police Hospital, and remained there from March 28th to April 25th. I couldn’t move myself for several days in the hospital, and suffered from neurological complications. I still take medications twice a day. The more I think about that fateful day, the more I’m convinced that the officer with something in his hand, had electrocuted me on my back which has left me with a nerve disease, a permanent scar and a regular headache.“
N.B Mr. Zeray is still in prison and his case, along with nine other defendants, is still active.
- Tesfaye Liben: age 42, a teacher and resident of Oromia Regional State, South West Shewa, Woliso town, Kebele 04.
Charges: (12th defendant under the file name Gurmessa Ayana.) contravening Article 4 (later changed to Article 7(1)) of the Anti-Terrorism Proclamation.
Charge description: Becoming a member of the outlawed Oromo Liberation Front (OLF), listed as a terrorist organisation; working to spread the protests from Ginchi Zone in Western Shewa to Southern Shewa; leading the protest in Southern Shewa.
Tesfaye’s testimonies: “I was originally detained in Woliso Police Station, where a group of individuals wearing a federal uniform and a civil attire brutally beat me with their sticks and rubber button. They just kept on beating me; it was so severe that I finally passed out. I woke up the next morning, and did not remember what happened to me. They were surprised that I survived when they saw me the next day. Then they sent me to Maekelawiprison in Addis Ababa. I was beaten, tortured, made to do a heavy physical exercise for 43 successive days. As I was doing the exercise, they kicked my back and my feet with their boots. They used their fists, their boots, electric wire, and their rubber batons to beat me. It was so excruciating and beyond anyone can bear. There was a time I tried to kill myself.
After a while, I went for a hearing at Arada First Instance Court; and I took off my clothes and showed the wounds on my body to the judge. He just advised me to admit everything before they kill me, and that I could later deny and tell the court it was a forced confession when my file is officially open. That’s exactly what I did that night; I confessed to everything they alleged I did. They then immediately moved me from ‘Dark Room’ to ‘Sheraton’ “.
N.B Mr. Tesfaye was arrested on November 2015 following Oromo Protests. Prosecutors later filed charges against him and 21 other defendants on April 2016; the case is still ongoing.
- Birhane Tsegaye: age 25 and member of Tigray Peoples’ Democratic Movement (TPDM)
Charges: (2nd defendant under the file name of Kassahun Shege et al.) For contravening article 7(2) of the Anti-Terrorism Proclamation (652/2009)
Charge Descriptions: Becoming a member of the terror group Tigray Peoples’ Democratic Movement (TPDM), which jointly works with the proclaimed terrorist organization Ginbot 7; receiving trainings, and engaging in physical work to raise funds for the terrorist organisation; recruiting members from Sudan and Ethiopia; entering in Ethiopia through Humera, where upon he was captured, with a mission to destroy governmental and not governmental institutions.
Birhane’s Testimonies: “I confessed that I defected TPDM and returned to Ethiopia to plea clemency, but they did not believe me. They demanded that I confess to alleged crimes I did not commit, and violently beat me when I refused. They used electric wire, rubber batons and other things; it was so painful and excruciating. They tied a water bottle on my penis and tortured me. I was very sick for many days. They refused to provide medical treatment alleging that as an ethnic Tigrean, I should have never been a member of a terrorist organization, and denying medical treatment was my punishment. “
N.B Birhane was captured on February 2015, but formal prosecutions opened after 15 months on 29.07.2016 against him one other person on the same file. Their case is still pending.
- Ferede Kindshato Yirga: Age 21, a farmer and resident of Western Tigray, Tegede Woreda.
Charges: (74th defendant under the file name of Miftah Sheik Surur et al.) Contravening of articles 32/1/ A, 35, 38/1/ and /2/ of the 2004 Penal Code and anti-terrorism proclamation 652/2009:
Charge Descriptions: Receiving political and guerrilla warfare trainings from the high officials of the outlawed Ginbot 7 terrorist group and entering in Ethiopia; making the state of emergency ineffective; recruiting and organizing members; planning, preparing, conspiring, and motivating to undertake a terrorist act in Quara military camp.
Ferede’s Testimony: “They apprehended me on November 18, 2016 while I was returning from a farm. They drove me to Dansha and beat me, and later took me somewhere far. They threw me into a deep pit and kept me tied with a rope with no food or water. Then they took me to a military camp in Humera, tied my hands and left me outside in a hot burning day. They came after several hours and started beating me with a rubber baton; it was unbearable. They hit my reproductive organs with their boots which left me with agonizing pain for several days. I was so weak and hurt to move anywhere, so they kept me in Bahir Dar for a while before bringing me to Addis Ababa.
I was finally transferred to Addis Ababa; I have been detained in different prisons. Despite my deteriorating conditions, Qilinto Prison official denied me medical treatment for three months. Finally, I was allowed to get treatment after I was moved to Kaliti Prison; I was then treated at Kaliti Health Centre. My condition was very critical, so I was admitted at Police Hospital. I had a surgery because the beating had severely damaged my belly and my reproductive organs. I am now an out-patient at Police Hospital.”
- Ayele Beyene Negese: age 29, a resident and Executive Committee member of Addis Ababa, Nifas-Silk Lafto Sub-City, Woreda 10.
Charges: (2nd defendant under the file name Melkamu Kinfu et al.) Contravening article 32/1/A/B of and 38 of the Penal Code and article 7/1 of anti-terrorism proclamation 652/2008
Charge description: becoming a member of the outlawed terrorist organization Oromo Liberation Front; receiving email instruction how to sustain the violence in Oromia region and how to buy armaments, and disseminate the information to other terror members for discussion; and reporting recent development such as notifying OLF members to take caution; reporting the meeting held at Oromo Cultural Center and the activities in Kolfe Qeranio Sub-city.
His wife’s testimonies “Ayele had an appointment on July 7, 2017; I was also there. He raised his hands for complaints, but the court refused. The next day, Saturday, I went to Qilinto to see him. His neck and chin were covered with a towel when he came; he told me he had a tooth ache. He was very sick when I visited him on Monday July 10, 2017. I went back the next day, but his brother Bonsa (a third defendant on the same file) came and told me that Ayele was too sick to come and talk to me. The Qilinto health center had already sent him a referral on Monday, but the prison officials refused to take him to a hospital.
On Thursday July 13, I talked to the prison officials, but they told me they have no sick patients in their premise. I insisted and told them I would not leave their office unless I heard how he was. Later, they confirmed he was admitted in the clinic. He had a scheduled court appearance the next day, but he did not come. I went straight to Qilinto; after a lot of bargaining, the officials pointed to a car from a distance and told me he was being taken to Kaliti Clinic.
I went to Kaliti on Saturday, July 15. I saw that his chest and neck had swollen; he could not talk. I asked him what had happened. He wrote on a piece of paper that he was beaten. He could not tell me where, how, or by whom; he promised he would tell me everything once he feels better. There was a bucket in the room that had blood in it. When I asked he wrote that it was coming from his aching tooth, but I was confused because it was too much blood.
The next day, Sunday, he was still spitting blood when I went to see him. But despite affirmation the health professionals, I just couldn’t believe all that blood was came from a toothache. His phlegm was also filled with blood, I thought to myself that it had to be something more serious. On Monday July 17, I got a permission to nurse him day and night. On Wednesday, I saw blood in his urine which I did not notice before. On Thursday July 20, he had a surgery because the swelling and the pain got worse. That day, he was transferred to St. Paul Hospital because the doctors at Kaliti could no longer help him.
The doctors at St. Paul were shocked when they saw the blood and ultrasound result and asked if he was beaten. The ultrasound showed that one of his kidneys was not functioning, and the second one was also malfunctioning because of his complicated ailment. They told me that, this could be due to accident or physical beating.
On Saturday July 22, he was transferred to Kidney treatment ward. They said he needed to have dialysis treatment, but they did not have the machine. They told me I should take him to a private hospital that has the machine as soon as possible, but the police officers refused. I begged them a lot, but they would not give in. We couldn’t do anything; the doctors at St. Paul didn’t have the means to treat him, so they could not. He died the next day; he died simply because he was denied better treatment. He had always been healthy and fit, his death is entirely due to his abuse at the prison and lack of medical treatment.”
N.B Despite the court’s orders, the prison administration did not provide written document detailing the cause of Ayele’s death. A prison official told the criminal bench on October 7, 2017 that she had no information about a deceased prisoner.
Recommendations:
AHRE urges the Ethiopian authorities to fully comply to its constitutional and international legal obligations and commitments including under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that Ethiopia has ratified.
AHRE urges the international community, particularly the United Nations Commission on Human Rights and the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, to urgently demand the Ethiopian authorities to comply to UN standards and agreements Ethiopia has signed and to the country’s own constitution regarding treatment of prisoners.
We also urge the Special Rapporteur to conduct fact-finding country visits in Ethiopia to investigate the allegations of inhuman treatment of prisoners in Ethiopia’s prisons.
Thursday 16 November 2017
በንግስት ይርጋ ላይ የተፈፀመ ጭካኔ
መስከረም
5/2009 ዓም ከምሽቱ 1:00 ሳንጃ ከተማ የተያዝኩ ሲሆን ወዲያውኑ እንደተያዝኩ በተፈፀመብኝ ድብደባ አእምሮዬን በመሳቴ 24 ሰዓት ባልሞላ ጊዜ ውስጥ እንዴትና በምን እንደመጣሁ ሳላውቅ መስከረም 6/2009 ዓም ከጠዋቱ 4:00 ላይ የፌደራል የመጀመርያ ደረጃ ፍርድ ቤት አራዳ ምድብ ችሎት በሰው ተደግፌ እና በጭቃ ተለውሼ ስቀርብ ማስታወስ ጀመርኩ። በጭካኔ በዱላ ተቀጥቅጬ መቁሰሌ እየታየ ወደ ሀኪም ቤት በመውሰድ ፋንታ ወዲያውኑ ወደፌደራል ወንጀል ምርመራ ቢሮ ተወስጄ እንደገና ለ3 ቀናት ራሴን ሳላውቅ ቆይቼ በ4ኛው ቀን ቁስሌ እና በጭቃ የተለወሰውን ገላዬን በምርመራ ቢሮው ውስጥ የነበሩ ሴት እስረኞች እንዲያጥቡልኝ ከተደረገ በኋላ እንደገና ሌላ ጭካኔ የተሞላበት ተግባር ተፈፅሞብኛል።
ይኸውም
የ9ኙ የእግር ጣት ጥፍሮች በጉጠት የተነቀሉ ሲሆን ንቃይ ጥፍሮቼን በፌስታል ይዤ ቆይቼ ወደ ቃሊቲ ማረሚያ ቤት ስገባ በፖሊስ ተቀምቼ በማስረጃነት እንዳላቀርባቸው ከእጄ ተነጥቄ እንዲጠፉ ተደርገዋል።
ከዚህ
በተጨማሪ ለ4 ወራት በሌሊት ወደማሰቃያ ክፍል እየተወሰድኩ ከፍተኛ ጭካኔ የተሞላበት ድብደባ፣ በኤሌክትሪክ ንዝረት መሰቃየትና ግርፋት ይፀፈምብኝ ነበር።
ከዚህ
አልፎ በአእምሮዬ ላይ የማይጠፋ፣ “አንችን ብሎ የአማራ ነፃ አውጭ፣ **** (ስድብ) አማራ!
እኛን መጣል ግድግዳ እንደመግፋት ነው! ” እና የመሳሰሉ በዘረኝነት የተሞሉ አፀያፊ ስድቦች እየተሰደብኩ ከፍተኛ በሆነ የአካል እና የስነ ልቦና ጫና ከደከምኩ በኋላ ባልተፃፈ ባዶ ወረቀት ላይ ተገድጄ እንድፈርም ሲቀርብልኝ እንዲነበብልኝ ብጠይቅ ” እንኳን አንች ስንቱ ምሑርም ሳይፈርም አይወጣም። ከፈረምሽ ፈርሚ ካልፈረምሽ የሚሆነውን ታውቂዋለሽ ” ስለተባልኩ ለድጋሜ ስቃይ የምቀርብ መሆኑን ስረዳ ባልተፃፈበት ባዶ ወረቀት ላይ ተገድጄ ፈርሜያለሁ።
የደረሰብኝን
ጭካኔና ስቃይ ዘርዝሬ ስለማልጨርሰው ይህንን ሁሉ ስቃይ በዚህ መቃወሚያ መጨረሻ በማስረጃነት በዘረዘርኳቸው ምስክሮች አረጋግጣለሁ።
(ንግስት
ይርጋ አቃቤ ህግ ባቀረበባት የሰነድ ማስረጃ ላይ ያቀረበችው መቃወሚያ ላይ የተወሰደ ነው። ሆኖም ፍርድ ቤት የንግስትን መቃወሚያ ሳይመረምር በማለፍ ወደ ብይን ገብቷል። ንግስት አንድትከላከል የተበየነው ይህ መቃወሚያ ሳይመረመር ነው)
(ጌታቸው ሺፈራሁ)
Berhanu Nega on the current Ethiopian political affairs
Interview with Professor Berhanu Nega, Chairman of Patriotic Ginbot 7 Movement for Unity and Democracy on the current Ethiopian political affairs.
Friday 10 November 2017
ንግስት ይርጋ በክሷ ምክንያት በደል እየደረሰባት እንደሆነ ተገለፀ
በጌታቸው ሺፈራው
የ"ሽብር" ክስ የተመሰረተባት ንግስት ይርጋ በክሷ ምክንያት ማረሚያ ቤት ውስጥ በደል እየደረሰባት መሆኑን ጠበቃዋ ለፍርድ ቤቱ ገልፀዋል። ንግስት ይርጋ በቤተሰብ ጥየቃ ገደብ እየተደረገባት መሆኑን ለፍርድ ቤት አቤቱታ ባቀረበችው መሰረት ፍርድ ቤቱ ምንም ገደብ ሳይደረግባት እንድትጠየቅ ቢወስንም የቃሊቲ ማረሚያ ቤት የፍርድ ቤቱን ትዕዛዝ ሳያከብር ቀርቷል።
ፍርድ
ቤቱ ትዕዛዙን ለምን እንዳላከበረ በችሎት እንዲያስረዳ ትዕዛዝ ቢልክም ማረሚያ ቤቱ በሁለት ቀጠሮች ቀርቦ አላስረዳም። የፌደራል ከፍተኛ ፍርድ ቤት ልደታ ምድብ 4ኛ ወንጀል ችሎት ለ3ኛ ጊዜ በሰጠው ትዕዛዝ ዛሬ ህዳር 1/2010 ሁለት ኃላፊዎች ቀርበዋል።
የፌደራል
ማረሚያ ቤቶች አስተዳደር የፍትህ አስተዳደር ዳይሬክቶሬት ዳይሬክተር ዋና ሱፐር ኢንተንደንት አስቻለው መኮንን የማረሚያ ቤቱን እና የታራሚውን ደህንነት ለማስጠበቅ ሲባል ንግስት ተለይታ እንደምትጠየቅ፣ እንዲሁም ሁሉን እስረኛ በተመሳሳይ ሰዓት ማስተናገድ ስለማይቻል የንግስት ጥየቃ ሰዓት ከሌሎች እስረኞች የተለየ መሆኑን እና ባስመዘገበችው የቤተሰብ አባላት እየተጠየቀች መሆኑን አስረድተዋል።
ንግስት
ይርጋ በበኩሏ ወደ ቃሊቲ ማረሚያ ቤት ስትገባ የሚጠይቋትን አስመዝግቢ መባሏንና ከተመዘገቡት ውጭ ያሉና 720 ኪሎ ሜትር ርቀት ድረስ ሊጠይቋት የሚመጡ ዘመድና ወዳጆቿ አልተመዘገባችሁም እየተባሉ እንደሚመለሱ ለፍርድ ቤቱ ገልፃለች። ጉዳዩን ለፍርድ ቤት በአቤቱታ አቅርባ ገደብ እንዳይደረግባት ብይን ቢሰጥም ማረሚያ ቤቱ ትዕዛዝን አለማክበሩን አስታውሳለች። ማረሚያ ቤቱ ለምን የፍርድ ቤቱን ትዕዛዝ እንደማያከብር በጠየቀችበት ወቅትም የሴቶች ጥበቃ እና ማረፊያ አስተዳደር ኃላፊ ዋና ሱፐር ኢንተንደንት አለም ጥላሁን "ይህን ትዕዛዝ የሰጠው ዳኛ ማን ነው? ማወቅ እፈልጋለሁ።" እንዳሏትና እኚህ ኃላፊ ችሎት ውስጥ እንደሚገኙ ለፍርድ ቤቱ አስረድታለች።
ሆኖም
ፍርድ ቤቱ ችሎት ውስጥ የነበሩትን ኃለፊ ለምን ይህን እንዳሉ መልስ እንዲሰጡ ሳይጠይቃቸው ቀርቷል። ማረሚያ ቤቱ ለፍርድ ቤቱ በፅሁፍ በሰጠው መልስ ላይ የፈረሙት የሴቶች ጥበቃና ማረፊያ አስተዳደር ጥበቃና ደኅንነት ስራ ዘርፍ ኃላፊ ለተ እግዜር ገ/ መድኅን ናቸው። ሆኖም ትዕዛዙን ለፍርድ ቤት ያደረሱትና በቃል መልስ የሰጡት የለተ እግዜር ኃላፊ ናቸው የተባሉት ዋና ሱፐር አለም ናቸው።
ማረሚያ
ቤቱ ኃላፊዎች ከሰጡት መልስ በተቃራኒ ገደብ እየተደረገባት መሆኑን ንግስት ለፍርድ ቤቱ ገልፃለች። በሀገራችን ባህል የታመመ እና የታሰረ ሰው ማንም እንደሚጠይቀው ያስታወሰችው ንግስት ይርጋ ጠያቂዎቿ መታወቂያ እስከያዙ እና ጠያቂና እሷን የሚቆጣጠሩ ፖሊሶች እስካሉ ድረስ በማንኛውም ሰው መጠየቅ መብቷ እንደሆነ ገልፃለች።
"ማንኛውም የተከሰሰ
ሰው ነፃ ሆኖ የመገመት መብት አለው" ያሉት ጠበቃ ሄኖክ አክሉሉ በበኩላቸው፣ ማረሚያ ቤቱ ንግስት ይርጋን በክሷ ምክንያት በደል እየፈፀመባት እንደሚገኝ ለፍርድ ቤቱ አስረድተዋል። የፌደራል ማረሚያ ቤቱ ተወካይ ከገለፁት በተቃራኒ ሌሎች እስረኞች ከ3 ሰዓት እስከ 6 ሰዓት ሲጠየቁ ንግስት ይርጋ ከ6 እስከ 7 ሰዓት ባለው አንድ ሰዓት ብቻ እንደምትጠየቅ ገልፀውም ማረሚያ ቤቱ የሚያደርሰውን አድሎ አስረድተዋል። ካስመዘገብሽው ውጭ አትጠየቂም የሚለው የማረሚያ ቤቱ አሰራርም ህገ መንግስታዊ እንዳልሆነ ገልፀዋል።
የንግስት
ይርጋ ሌላኛው ጠበቃ አቶ አለልኝ ምህረቱ ፍርድ ቤቱ የቃሊቲ ማረሚያ ቤት መልስ እንዲሰጥ ትዕዛዝ ቢሰጥም፣ መልስ ለመስጠት የመጡት የእስረኞችን የዕለት ተዕለት ጉዳይ የማይከታተሉ የፌደራል ማረሚያ ቤት ኃላፊ መሆናቸው ጉዳዩን በደንብ እንደማያውቁት ለፍርድ ቤቱ አስረድተዋል። የቃሊቲ ማረሚያ ቤት ባስመዘገበቻቸው ዘመድና ጓደኛ እየተጠየቀች ነው ያለ ሲሆን አቶ አለልኝ በበኩላቸው ህገ መንግስቱ የቅርብ ዘመድ እና ጓደኛ ሲል ወሰን እንደሌለው፣ ከዚህ መለስ ተብሎ ሊገደብ እንደማይገባ አብራርተዋል።
በንግስት
አቤቱታ ጉዳይ ቀጠሮ የተሰጠው ማረሚያ ቤቱ የፍርድ ቤቱን ትዕዛዝ ለምን እንዳላከበረ ቀርቦ እንዲያስረዳ ለማዳመጥ የነበር ቢሆንም ዛሬም የሁለቱን ክርክር አዳምጦ ትዕዛዝ ሰጥቷል።
በዚህም
መሰረት ንግስት ይርጋ በህገ መንግስቱ አንቀፅ 21 መሰረት ገደብ ሳይደረግባት እንድትጠየቅ ትዕዛዝ ሰጥቷል። የማረሚያ ቤቱ ኃላፊዎች ንግስት ይርጋ የማይገባ ጭቅጭቅ ማድረጓን ባይገልፁም ፍርድ ቤቱ " ተከሳሽም የማይገባ ጭቅጭቅ ውስጥ ላለመግባት ጥንቃቄ ያድርጉ፣ ህጉን ለይተው አውቀው ይጠቀሙ" ብሏዋል። ከችሎት ውጭ ያነጋገርኳቸው የንግስት ጠበቆች ንግስት መሰል ባህሪ አሳይታለች ባልተባለበት ፍርድ ቤቱ ያልተነሳ ነገር ላይ ለተከሳሽ ትዕዛዝ መስጠቱ ተገቢ አይደለም ብለዋል። በሌላ በኩል ንግስት ይርጋ ጥርሷን ታማ መድሃኒት ቢታዘዝላትም መድሃኒቱ በታዘዘላት ሰዓት እየተሰጣት እንዳልሆነ አቤቱታ አቅርባለች።
