The Human Rights League of the Horn of Africa (HRLHA) stronglydenounces the death penalty and stiff prison terms handed down to fifteen Oromo nationals by an Ethiopian federal high court in Addis Ababa/Finfinne.
According to information obtained through our correspondents, the 3rd bench of the Federal High Court of Ethiopia, at a trial held on the 31st of March 2010, has imposed a death penalty on Mr. Mesfin Abebe and sentenced his fourteen co-defendants to prison terms that range from the shortest of ten years to life in prison, all without parole
The fifteen alleged convicts, all of whom are Oromo nationals, were accused of allegedly supporting, sympathizing and/or collaborating with an opposition political organization OLF (Oromo Liberation Front). It is very ironical that a country and government who claims to be a democrat imposes a death penalty on its own citizen for allegedly holding a political stand different from that of the governing party. And it should be noted here that this decision of the said federal high court is in breach of not only the democratic principles the government claims to have been following, but also the constitution and other international documents that Ethiopia has ratified.
The fifteen alleged convicts are:
| No | Name | Sex | Sentence |
| 1 | Mr. Mesfin Abebe | M | Death Penalty |
| 2 | Mr. Tesfahun Chamada | M | Life in prison |
| 3 | Mrs. Aberash Yadata | F | 12 years |
| 4 | Mrs Lalise Wadajo | F | 10 years |
| 5 | Kol. Olani Jabessa | M | 12 years |
| 6 | Mr. Roba Degafa | M | 10 years |
| 7 | Mr. Dejene Dhaba | M | 10 years |
| 8 | Mr. Bekele Negeri | M | 10 years |
| 9 | Mr. Bayisa Husen | M | 10 years |
| 10 | Mr. Hailu Delessa | M | 10 years |
| 11 | Mr. Dejene Borana | M | 13 years |
| 12 | Mr. Kebede Borana | M | 12 Years |
| 13 | Mr. Bekele Jirata | M | 13 Years |
| 14 | Mr.Ishetu Kitil | M | 12 Years |
| 15 | Mr. Wabe Haji | M | 12 Years |
HRLHA would like to bring to the attention of the international communities, the African Union and all its affiliates as well as member states that the Kenyan government shares accountability in sentencing to death of Mr. Mesfin Abebe and all other actions that the alleged convict might be going to face; as Mr. Mesfin was arrested in Nairobi and handed back to the Ethiopian government by the Kenyan government in April 2007, along with one of the other alleged convicts Mr. Tesfahun Camada, who was given life in prison. It is very unfortunate and very disheartening that both Mr. Mesfin Abebe and Mr. Tesfahun Camada were forced to suffer after three years, with the joint actions of the Ethiopian and Kenyan governments, the bitter fate they attempted to escape by fleeing the country in 2007.
Under Article 33 (1) of the Convention Relating to the Status of Refugees (189 U.N.T.S. 150), “[n]o contracting state shall expel or forcibly return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his . . . political opinion.”
The Ethiopian government has a well-documented record of gross and flagrant violations of human rights, including the torturing of its own citizens who were involuntarily returned to the country. The government of Ethiopia routinely imprisons such persons. There have been credible reports of physical and psychological abuses committed against individuals in Ethiopian prisons and other secret places of detention.
This obligation, which is also a principle of customary international law, applies to both asylum seekers and refugees, as affirmed by UNHCR’s Executive Committee and the United Nations General Assembly.
For example Ethiopia has clearly shown to the world in 1998, by executing a convict named Jamil Sherif Yasin, that it not only upholds but also implements death penalty; and HRLHA presumes that the Kenyan government is undoubtedly aware of Ethiopia’s position in regards to this internationally controversial legal issue.
By handing over the Oromo refugees and others, the Kenya Government is breaching its obligations under international treaties as well as customary laws.
Under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1465 U.N.T.S. 185) Kenyan Government has the obligation not to return a person to a place where they face torture or ill-treatment. Article 3 of the Convention against Torture provides:
1. No state party shall expel, return (“refouler”) or extradite a person to another state where there are substantial grounds to believe that they would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all
HRLHA believes that the case of Mr. Mesfin Abebe and his co-defendants is a purely political case intentionally designed and executed in order to harass, intimidate and discourage ordinary citizens from exercising their democratic and political rights. It is void of almost all legal procedures, proceeding and fair legal treatment. As is proven, for example, through the uniform denial of parole for all alleged convicts who were given varying prison terms, this case is instead full of political biases.
Therefore, HRLHA calls on all regional and international human rights organizations, democratic forces and western donor and democratic countries as well as diplomatic communities in Ethiopia to put pressure on the Ethiopian government in order that it reverses this politically motivated action taken in the name of justice.
The Human Rights League of the Horn of Africa/HRLHA is a non-political and non-partisan organization which attempts to challenge abuses of human rights of the peoples of various nations and nationalities in the Horn of Africa. HRLHA is aimed at defending fundamental human rights including freedoms of thought, expression, movement and organization. It is also aimed at raising the awareness of individuals about their own basic human rights and that of others. It has intended to work on the observances as well as due processes of law. It promotes the growth and development of free and vigorous civil societies.
