In our ever changing and challenging world, most civilized states base their system of law and jurisdiction on the concept that a suspect is innocent until conclusively proven guilty. Such an approach to law and justice underpins the notion of fair trial. The right to fair trial is not only an international paradigm of law and an aspect of International Covenants on Civil and Political Rights but a legitimate expectation by any civic society and the victims of injustice in particular. However, the trial against Kinijit leaders, human rights activists, journalists and alleged suspects of crime following the May 2005 election is no way no near to the above principles of law, human rights protection and deliberation of justice: sadly, the entire fabrics of the charge, sentencing and deliberation is marred with legal fiction, abuse of process, and political ploy.

This seemingly legal posturing and bravado is intended to obscure the genuine cause of the crime and condemn an innocent party by way of fabricated charges and faulty conviction. Such a malicious intent is terribly harsh and can only exacerbate matters. The whole account of the charge and conviction is not only unlawful but also preposterous and gimmick. The kaliti prisoners of conscience did nothing unlawful, save that they have emerged not only as the best alternative to the existing ruling party but as the most plausible party in the country. However, the loser ruling party has been very busy for the last one year and so in criminalising the champions for democracy and the voting public. This sinister motive, surely, cannot afford misleading the Ethiopian public or the international community, despite the courtroom drama and the futile legal veil.

The recent mockery of conviction and the temptation to sentence life imprisonment and or / capital punishment against Kaliti prisoners is awfully reckless and at best stupidity. We can understand the causes of frustration and the level of desperation of the regime; but for sure this is not going to resolve the problem: Woyane would know the only way to resolve this problem is to set Kali prisoners free: this measure is not only fair and just in the circumstance and there is no alternative to it. Any period of imprisonment long or short is a desperate move let alone capital punishment – it is a bluff or otherwise is a fatal attraction. Woyane advisors both formal and informal should use their brains and not their belly to reach such a reasoned solution. Retribution is a failed logic, had failed in the past, and has no future but for the wicked and cowardice.

Zenawi and Cohort would know that such an unlawful conviction and temptation for capital punishment and or / long term imprisonment is a fiasco. No prudent jurisdiction buys such a pathetic ruling and can only flashback against the authors of such injustice. The world knows, The European Union knows, in fact condemns your actions, the US is aware of your shrewd intentions but may excuse you for a while because of the obvious reason; Amnesty International, Human Rights Watch and other internationally acclaimed institutions have been condemning your actions day in and day out. Ethiopians both at home and abroad oppose and struggle against your undemocratic stance. Zenawi and Cohorts would note there is no alternative to the release of the prisoners of conscience: free them; the guilty mind is a fabrication of your on making. The making and the unmaking of such a historical sham is for you guys to live with: release the innocent party. Any move minus release is a recipe for your own failing.

Zenawi and Cohorts would know, in any fair trial, competent and prudent courts would take into account that alleged Defendants are free from torture and ill treatment both before and at the time of trial, unwavering access to lawyers, the right to public and independent hearing, the right to be brought to trial in a reasonable period of time or released and the right to remain silent if alleged Defendants choose to do so. A breach of one or more of these rules would simply render the decision unsafe and calls for any conviction to be quashed.

A cursory application and analysis of these rules against the practice of the Ethiopian ‘Court’- probably circus would explain better; exposes, though not unexpected, naked unfairness, prejudice and stark incompetence on the part of the judiciary. In fact one would wonder if at all, there exists an independent judiciary system except hand picked judges who are entirely devoted to the policies of the regime, whose paramount concern boils down to punishing dissent by way of fabricated conviction.

The following citation taken from the brief note of Professor Mesfin Woldemarim, Kaliti prison, explains the nature and depth of miscarriage of justice as was evident in the entire handling and conduct of the courtroom drama:

“We were openly denied accesses to the transcript of the testimony and the material that was taken from our homes and offices. In addition to the fact that these are private property, they are critical to our defence. Yet, we were denied access to these. …those materials confiscated from us in prison, writings, documents and notes taken in court and other evidences, in addition to other audio evidence presented by the prosecution, were not even mentioned” (i.e. at the trial) This brief note further illustrates not only the severity of miscarriage of justice but also the absence of the rule of law as stated further: “…the court ignored us; in fact two of the judges began to take turns and threaten us. ….then, “…they announced, saying “since we had offered you the opportunity to defend and you had declined, all of you have been found guilty.” The reader will note, the “opportunity to defend” but not the RIGHT to defend, cross examine Witness , challenge evidence… dislodge the prosecution’s case." (emphasis mine)

Save the unknown part of the prisoners account, no medical condition of the Defendants was taken into consideration both at the time of the trial and before the trial: knowing that a considerable number of them were subjected to ill treatment including torture and other genuine health problems.

Taking into account the above mentioned irregularities and the untold stories, for lack of space and time; about the conduct of the hearing, due process of law, one would presume that prudent judges should have concluded that it would not be proper and lawful for the Court to be used to prosecute Kaliti alleged Defendants. The Court could and should have considered the situation where the video evidence would have assisted their defences but the video material was not available despite repeated calls by the Defendants.

The other video that was available for the Defendants had to be watched in groups for a brief period and most importantly in the presence of the Prison Administration which would amount to duress. Clearly, the Court could and should have considered what was meant to be the missing video evidence and other evidences or otherwise that could have been excluded with malicious intent. Such an admission of evidence is neither legal nor procedural but for the obstruction of justice intended to punish the innocent party.

What's more, the Court could and should have considered whether or not the action of the Prison Administration was ultra virus in his action against Kinijit leadership, or if perjury of justice was committed as indeed was reported. In these circumstances, where evidential and procedural impropriety is a grave concern; the Court could and should have reached a conclusion where the alleged Defendants could not receive a fair trial and or if it could be unfair for the Defendants to be tried in the first place. However, were the judges ready and competent enough to take all this into account? No, on one hand there was a stark professional incompetence, which we are not dealing in detail at least for now; secondly there exists such a blind loyalty to the regime in power than to their professional duty and obligation. It is a rare opportunity to find one such as Judge Birtukan Mediksa who had the gut and professional ethnics to stand for what she believed in. In the present case the judges led by one of the talking goods, another “Zenawi” proved their loyalty to proper Zenawi, the PM. It is suffice to note, “the judges began to take turns and threaten us” – as the wisdom of our father’s concluded: “abatu dagna leju kemagna”.

In summary, the panel of judges has not been seen doing justice, but marred with unacceptable professional incompetence and bias. The Court was not prepared to handle the prosecutions case in accordance with the law but in accordance with the instruction of the PM who was quite prejudicial even before the Defendants were called for the trial. It is in the public domain that Zenawi was accusing the Kinijit leadership and activists of “Rwanda – type genocide’, organising uprising, aimed at overthrowing his government long before the Defendants were actually charged. Therefore, the Court was simply instrumental to Zenawi’s set agenda, diminishing its statusquo as part of the executive and not as a separate entity having its own legal duty. The Court has voluntarily or involuntarily and most likely voluntarily, surrendered its sense of duty, failing to stand for justice and denied Defendants their right to legal privilege and the operation of the rule of law.

Thus the sham trial and conviction of the 11th June 2007 was inconsistent with the parameters of fair trial and internationally acclaimed covenants in which Ethiopia is a party. On one hand alleged Defendants were ordered to defend their cases, on the other hand they were denied fair hearing including access to crucial evidence that could have an overriding significance in dislodging the prosecution’s case. In fact the trial was aborted in a rush to deliver verdict before the Defendants rest their case, and yet calling for fair hearing and justice. This in fact was not only unfair in the eyes of many observers but out of the ordinary in any civilised court proceeding The circus was simply a display of irregularities, fabrication of claims and counter claims with a sole aim of criminalising innocent party and intimidation of opposition parties.

This bare disregard to fair trial against alleged Defendants and abuse of process without any procedural safeguard had only one and only one cause of action: conviction of Kinijit leadership, human rights activists, journalists and other liberal individuals who stood in harmony for the common cause of all Ethiopians and the sovereignty of Ethiopia: the trial appeared to have been conducted with a sole cause of accomplishing sentencing the innocent and most importantly those who stand for the unity and integrity of Ethiopia – an issue which Zenawi is determined to fight to his last day in office.

‘Res Ipsa loquitur’- the thing speaks for itself.

Knowing the contents of the charge against Kinijit leadership, taking into account the draconian, and cynical motive of Zenawi and his Cohort, the bewildering and prejudicial nature of the Court, the zero sum game of the alibi against the prisoners of conscience; an ordinary jury with good judicious mind (yeshimgelewotch Gubae) sitting under the shadow of an Oak tree, contemplating this same sham charge, would throw the case out of the window before it even starts. Unlike the Zenawi Courts, yeshimagelewotch Gubae would be guided by their good common sense and the Latin maxim: res ipsa liquitur. I have no doubt in my mind the ordinary man with good common sense would reverse the course of judgment, quash the decision and set free the Kinijit activists; and to the irony of justice, shall hold Zenawi and Cohorts for perjury of justice, unlawfulness, and for all the crimes committed for the last sixteen years; certainly, the jury of Shemgles would give Zenawi unfettered right to defend himself , a right he denied to kiniit Defendants, and to see for himself what is meant to be a charge of treason in an independent and competent Court.

The entire episode of the circus proves one thing, that the trial was fixed, premeditated, orchestrated to convict the innocent; prisoners of conscience by disregarding the prime requisites of criminal litigation - proving guilt beyond reasonable doubt. The judiciary and the PM failed to realise that such a presumption of guilt is only the mind set of perpetuators of guilt, like Zenawi himself and not the intention, action or omission of the Kinijits, human rights activists, academics and journalists. Denying the right to bail, taking such unprecedented length of time, denial of cross examination of witness, and the admission of concocted and fabricated evidence proves one thing: alleged Defendants have always been innocent but ‘guilty’ for the production of perjured alibi, coached Witness and highly nursed documents. The prosecution and the PM failed irretrievably to appreciate the rare and bubbly personalities behind this impasse and the immense track record for life that speaks for itself - res ipsa loquitur.

Defiance, not submission!!

One would note that Zenawi and Cohorts have been punishing genuine opposition and political dissent by using all avenues including frivolous legal methods. The trials against Professor Asrat Woldeyes, Dr Taye Woldesemayat and individuals from the ranks of TPLF such as Siye Abraha proves the regime’s determination to stay in power by all means available including by conducting unwarranted and bogus trials; sentencing groups, individuals for long and short terms. However there is more to this, there are more out there languishing, probably indefinite detention, and a considerable number of them subjected to extra judicial killing, with no fair or unfair due process of law. A long list of such catalogue includes EPRP veterans and other opposition party members such as the OLF. Journalists, teachers, students, other professionals and non professional groups and individuals have paid innumerable price in fighting against the stunning injustice of the regime.

The regime also assumes to continue its rule by waging unwarranted and futile wars against Eritrea and currently with Somalia. Who knows the PM may tell us tomorrow that he is ready to fight the Americans or the Europeans, as he told us yesterday that he is ready to fight Eritrea ; at their backyards for asking him to release the prisoners of conscience. Zenawi erroneously believes he is the architect of war, probably second to Al-Qaeda’s top man or second to none by lodging unprecedented wars and terror. No matter about his rank, either way he remains to be an evil person determined to rule by way of terror, violence and intimidation.

Save those he killed and imprisoned for the last sixteen years, following the May 2005 election, the PM and his Cohorts have killed 193 civilians, injured 760, and arrested more that 20,000 civilians in military camps, unleashing utmost suffering and torture. Yet, this was not enough for him; he has now decided to keep Kinijit leadership, human rights activists and journalists in custody for a considerable period of time which the international community condemns.

Alas, no fool would believe that this would be his last action before he is ousted from office. Thus much is expected from the opposition and the entire Ethiopian public. Zenawi is not to disappear, though the wretched son of Ethiopia; he is not yet to vanish in to nowhere, though he lives in a borrowed time. Wishful thinking and nominal participation, as is usually the case, in the struggle against the fight of injustice is not going to help remove Zenawi from power and replace him with prudent and vibrant political parties. It needs a concerted and resolute effort on the part of opposition parties, particularly of kinijit; relaunching with vigour and enthusiasm, with sense of purpose, the symbol, “V” for its course of action. The sacrifice, the sweat, the courage, commitment and dedication of those in jail should warrant each and every one of us, for a better strategical defiance and purpose and not submission to Zenawi’s intimidation and harsh injustice. Remember, submission to Zenawi defies the fundamental interest of Ethiopia and at best denies the vested interest of the Ethiopian voting public: it is this and only for this reason alone, the dearest sons and daughters of Ethiopia have been drugged to prison. And it is this and this alone, that must warrant and guide our sense of duty as citizens of our impoverished country, Ethiopia.

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The writer, Dr. Tadesse Walle, may be reached at tadessewalle@yahoo.co.uk