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The truth, the whole truth and nothing but the truth - opposition slur... crackdown: the re imprisonment of President Birtukan Midekssa is unlawful and morally daft.
Tadesse Walle, PhD, London
The truth, the whole truth and nothing but the truth: Zenawi's (PM) allegation that President Mediksa was re imprisoned for breach of conditions of pardon is plainly a smokescreen, a misrepresentation of fact and law; at best it is a travesty of justice. Indeed, the imprisonment is illegitimate, with no due process of law and the entire handling of the matter is inherently flawed; deceptive and is in dire conflict with the regime's own ‘constitution', conventional wisdom and jurisprudence. The naked truth, the whole truth, obvious to the ordinary man who trusts his common sense, with no rational thought, or logic, and who knows no sophistication by any standard, if given the opportunity to adjudge this matter, I have no doubt in my mind that his common sense would prevail over and above the PM's façade of reality: flagrant aggression against prudent opposition parties intended to cripple, pre-empt genuine opposition that could potentially threaten his grip to power.
The re imprisonment of such a rising political star with a phenomenal paradigm of Ethiopian unity with equality, her urge and vision for genuine democracy, rule of law, and commitment to an everlasting justice has been incredible: enough to pose threat against the ethno-centric regime of Zenwi and his cohorts. The immaculate, iconic lawyer is known for defying injustice, particularly in the Seye saga and now is prepared to show her ultimate defiance against the injustice carried out in the country by calling for unity, democracy and justice. Such a principled fight which began as discharge of her professional duty has now turned to higher level - national duty, a duty to stand against injustice in the midst of all odds: the PM and his accomplice.
Imprisonment, torture, ill -treatment of citizens, intimidation of opposition party leaders, party members, sympathisers, journalists, human rights defenders , civilians and groups is evidently the rule rather than the exceptions in Zenawi's ram shackled Ethiopia : Ethiopia, the mosaic of nations and nationalities, a land of antiquity, with proud historical past, sadly, has become the land of injustice and the land of the unruly where just men and women, parliamentary elect politicians, vibrant artists such as Teddy Afro, leaders such as President Midekssa are thrown into jail and the entire nation besieged for electoral ransom.
It is over seventeen years since EPRDF; in essence TPLF- known as WOYANE (for reasons) the ruling party, seized political power in Ethiopia. Many attribute the seizure of political power as a manifestation of historical accident, knowing that it was unintended for Woyane to reign in power and some by design, though not without reason. However, what matters, now is not how and why such a draconian group came into power, in the 1st place, but what it does now, its long term ramification on greater Ethiopia and Ethiopians in general ; what the future holds for all Ethiopians, if such a callous group is allowed to wreck the country with impunity! Is the end insight? Or is it the beginning of the end? It appears that it is not going to go away before it gets worse. Are we ready for the worse? What we observe today is a systematic government sanctioned campaign of violence, targeting supporters and perceived supporters of opposition party members. To date covert, security forces with civilian clothes, torture, abduct opposition party activists and otherwise abuse persons perceived to be associated with eminent opposition groups. Official impunity for ruling party cliques, arbitrary arrest, extrajudicial killing, detention, lengthy pre-trial detention, infringement on citizens privacy is routine; the re imprisonment of Ms Birtukan Mideksa and other political prisoners is a case in point.
Zenawi's caricature and pre-empting of oppositions began by identifying and targeting reputed political organisations and leaders such as the late Professor Asrat Woldeyes, the president of the All Amhara People's Organisation. This targeting effective opposition leaders and groups is no exception to President Birtukan Midekssa and UDJ, as the most influential and prudent extension of the then, Coalition for Unity and Democracy (KINIJIT), the party that thrilled a considerable number of Ethiopians by wining the hearts and minds of Ethiopians irrespective of their ethnic and linguistic divide.
Throughout TPLF's power monopoly, it is not only the quest for democracy, rule of law but the fundamentals tenets of Ethiopian entity, national identity, territorial integrity and sovereignty has been the first causality. TPLF's double drive of wrecking, reducing greater Ethiopia to small ethnic enclaves and the crippling of any democratic movement have been carried out either by using sheer force including carnage or using the legal setting, particularly the judicial system. Like any dictator, any such move has always been subject to Zenwi's will: toxic if not slow burn. With no shred of doubt, the attack on President Birtukan Midekssa falls into one of these preferred duo approaches of the regime: using the legal venue to pre-empt the operatives of the party with a sole aim of bracing his one-party state: the TPLF.
Breach of pardon: smokescreen
Zenawi's cry that President Mediksa was back to jail for breach of conditions of pardon is a smokescreen, has nothing to do with the law and is plainly a whitewash against the compelling truth surrounding this matter. The truth, the whole truth, but the only truth is this: the imprisonment is motivated for political reasons and not for breach of pardon. It is contended that there was no pardon breached as there was no pardon available neither at the time of her arrest or at the time of the release of KINIJIT leadership: forget the masquerade in the law and the inherent flowed due process orchestrated at Zenawi's will. And the will of Zenawi was nothing but to convict Kinijit leadership including Ms Medkissa for no wrong doing and sought to have given pardon instead of setting free the prisoners of conscious. It is further argued that where there is no guilt, there cannot be conviction, and where there is no conviction there cannot be pardon. The prisoners have always been regarded as prisoners of conscience by the standards of Amnesty International and other prudent non- partisan organisations including Human Rights Watch. However, it is perfectly possible, as has been the case here, to convict the innocent, and arrange the grant of pardon: a perfect example of the travesty of justice, an absolute abuse of power and process. Zenawi would know, justice is a question of time and not of substance ...justice would be done ...and is likely to prevail against all odds inflicted by him. Zenawi would know, life imprisonment for Birtukan Midekssa , and the imprisonment of Teddy Afro a popular artist, is no less than the killing of Abune Petros by Graziani. The blood split of the Abune, was not left unpunished, ... yewisha dem alneberemna (nothing to do with animal right activists). Zenawi would know, would have known that he would be accountable to his actions and omissions which he carried out with total impunity.
My previous articles, particularly, Mr PM: drop the sham charges, ( at the time of charge) and Kinijit the victim of legal fiction and abuse of process ( after conviction) following the imprisonment of Kinijit leadership, explains the current saga surrounding Ms Midekssa:
...on the facts and law, the charges appears to be born out of speculation, revulsion, and bias, hence unfounded. It is highly probable than not, the charges have been concocted, made up with a view to lock up dissent; it is a forgone conclusion that these charges (charges against Kinijit - see the articles) are a continuation of past similar charges that ended up butchering the opposition for power; zero tolerance to genuine opposition and frees press: a mockery of justice, democracy and a disproportionate flagrant violation of human rights'.
...Following the so called conviction of Kinijit leadership, it was stated that: ...the mother of all sham trials and convictions against the icons of Ethiopia is not only flawed and perverse but is also a declaration of war against the virtues of democracy , civil rights protection and against the fundamentals of the Ethiopian people : typical to the irony of ironies and to the dismay of time and history ; the international community has witnessed what is meant to be a bogus trial , conducted by an incompetent court where just men and women who stand for democracy, human rights respect... and democracy alone are driven to jail by the most wicked state criminals of our 21st century.
Amnesty international's finding of the sham charges fall square "...the grounds advanced by the prosecution to the charge of genocide do not even remotely match internationally recognised definition of genocide...." ...and called for an immediate and unconditional release.
The reader would note that the recent saga and extravaganza surrounding Ms Midekssa is no different to that of the previous bogus, cooked and sham trial and so called conviction. It was bogus yesterday and is bogus now, and will remain bogus throughout time and history. The following is part of my justification:
In spite of the fact that the Ethiopian incompetent, inept court -Seume Zenawi, had found 38 Kinijit figures guilty of charges following the disputed May 2005 election, ranging from outrage against the constitution to aggravated high treason, the conviction was not safe and no prudent court would have convicted the Ethiopian icons for no wrong doing. In fact, a reverse charge, against the PM and complicit would have been the right course of action. By doing so the requisite standard and the burden of proving guilt beyond reasonable doubt (crime) could have been met as per the evidence and investigation carried out by the Commission of Inquiry accountable to the regime's parliament.
The reader shall remember, the 38 prisoners of conscience did not plead guilty, Indeed, the Commission of Inquiry formed by the Ethiopian parliament to investigate the matter concluded that 193 were killed and 763 injured by government security forces and that the so called government had used excessive force including against children and mothers. However, against all odds, the outcome of the circus was concluded with convicting the innocents. Therefore, in accordance to the evidence and findings of the Commission , the guilty ruling must have been against Zenwi and his complicit. However, leju kemagna abatu dagna endilu, the outcome was fixed and the court chose to convict Kinijit, by admitting perjured and nursed documents.. In doing so Zenawi, persuaded himself that he had escaped wrong doing by allegedly transferring malice: self deception. Zenawi would know, would have known that this was a time bomb that could potentially change its course of action when the time is right, and the right time exists independent of him and his cohorts.
The crux of the matter: justice must not only be done but must be seen to be done
Zenawi's allegation that Ms Mideksa had denied the grant of pardon whilst in Stockholm appears to be the usual Zenawi's style of trapping opposition politicians on fake grounds. The alleged public statement from Ms Mideksa appears to be tittle-tattle than a statement under oath. It is apparent that the president was back in Kality to serve life imprisonment on grounds of hearsay evidence, unreliable and far-fetched evidence collected with a sole aim to put her back in prison.
One would ask what hearsay is. Put very simply, is repeating what somebody has told you. Certain documents may also constitute hearsay. Hence hearsay could be oral and documentary, which I am not intending to discuss in detail as this is not the sole aim of this piece. However, the admissibility of hearsay evidence is not straightforward. It is complex and legally intriguing. It could be dodgy, misleading or safe to use if rightly executed. Most civilised countries apply statutory safeguards, safe valves and give wide discretion to competent judges, if the presumption of using heresy evidence id justified in the circumstance. By doing so they exclude superfluous, manufactured and distorted evidence that doesn't help make a just judgement. In fact, competent courts would scrutinise the alleged hearsay evidence, or the evidence in question, and make sure that the hearsay evidence, if admitted , is not contrary to the interest of justice, preservation of the rule of law and fairness. In the given scenario, a statement? in Stockholm, or ' mistake made ...' allegedly committed by her, according to Bereket , is enough to put her back in prison,...life imprisonment...with no safeguards, no safe valve, no statutory protection and no matter whether or not their action is against the rule of law, and human rights conventions in spite of the fact that the government is a signatory of such international conventions!!!
The reader would note, Birtukan's letter emphasised"...perhaps what I said was misinterpreted". This is the problem of hearsay evidence, Birtukan was not given the chance to explain, challenge the evidence against her, or make their wrongs right , put it right nor help them know the fact of the matter....it simply is premeditated, designed to put her back in prison...it is harsh, callous. Put the legal argument to one side of the coin, see that other side of the coin, the moral issue, has the so called government totally run out of ethical issues, taking into account the personal circumstances of Ms Midekssa, was it not right to re pardon her, if pardon is the magic word they want to hear!! It is amoral and at best it is simply daft. Zenawi and complicit would know, time is short for their imagined planet, the wind of Obama ...mania is blowing across the world, the world is a small village , it is now ...now giving a death blow to Bush's Guantanamo Bay. This healthy wind, inexorable wind is likely to cross the horn of Africa and blow the Ethiopian Guantanamo - KALIY, ban political prisoners from KALIY, heralding the release of all political prisoners including President Midkssa.
Guilty pleasure
It appears that the PM and his complicit are deemed to enjoy themselves when they are on the wrong side of the law and against time. There appears to be propensity for malice. Berekett Simon's response to the US Senators would illustrate the case, " ...First these opposition leaders had been tried and sentenced, and they asked for conditional pardon....if this person transgresses the law of the land , it would be a breach of the pardon, and that is what she did... She made mistakes and she has to account for it". It is preposterous, but not a surprise nor an unexpected. This is a regime whose proven track record is marred with misrepresentation of fact and law. "...they asked for conditional pardon..." has been construed, and constructed with a sole intent to keep her in prison. For the PM and his squad, fact, truth is the making and the unmaking of their own mind ... a world of their own choice, though truth, and the compelling truth exists independent of their mind and fantasy. As stated above the entire fabrics and substance of the re imprisonment of Ms Midekssa is not because there is a breach of pardon, but for their guilty pleasure.
What must be done?
For the last 17 years much has been said and written abut this rouge regime. Our failing is the strength of the regime. The regime capitalises over our petty differences, and enjoys our unfounded complacence...incompetence to resolve the most compelling problem of our country; the last seventeen years is enough to prove my allegation, sadly, I cannot runaway from this. It is time to shatter our differences, say enough is enough to ourselves before we say enough is enough to the misrules of Woyane. Is it time to subscribe to all forms of struggle and not prescribe to one form of struggle with no reality check!!! All forms of struggle must be on the table, we may not have to rule out, or rule in one form of struggle, as forms of struggle are not an end by themselves. Groups, individuals should and must challenge Woyane in one or in different forms, but essentially for one, and better Ethiopia. One should understand, accept that the cost for democracy is not that easy. Some would not even see the cost democracy as more than good meal, let alone the sacrifices of many...many good meals for a considerable period of time. The cost for democracy, justice, and the country we love to see as one Ethiopia costs life. With no meaningful and prudent journey, success is not a guarantee. It is time, in fact late - but not too late, to roll up our sleeves and contribute in any form one can. The end ...may justify the means, though may not be the ideal option but in our scenario, we may have to subscribe to such logic, as the injustice surrounding our nation is beyond and above the survival of our nation: a reality which one must strive to bring change - a change beyond and above the realm of Zenawi.
The writer, Tadesse Walle, (PhD) can be contacted at:
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