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Viewing cable 06ADDISABABA1231, SLOW START TO ETHIOPIAN OPPOSITION TRIAL

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Reference ID Created Released Classification Origin
06ADDISABABA1231 2006-05-04 14:07 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Addis Ababa
VZCZCXRO4208
PP RUEHROV
DE RUEHDS #1231/01 1241407
ZNR UUUUU ZZH
P 041407Z MAY 06
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC PRIORITY 0344
INFO RHMFISS/CJTF HOA PRIORITY
RUCNIAD/IGAD COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RUEKDIA/DIA WASHINGTON DC
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
RUEKJCS/JOINT STAFF WASHINGTON DC
UNCLAS SECTION 01 OF 02 ADDIS ABABA 001231 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF DAS YAMAMOTO, AF/E, AND AF/PD S.WESTGATE 
DRL FOR K.GILBRIDE 
LONDON, PARIS, ROME FOR AFRICA WATCHER 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM KJUS ET
SUBJECT: SLOW START TO ETHIOPIAN OPPOSITION TRIAL 
EVIDENTIARY PROCEEDINGS 
 
REF: A. ADDIS ABABA 667 (AND PREVIOUS) 
 
     B. WONG-YAMAMOTO EMAIL OF MARCH 22, 2006 (NOTAL) 
 
1. (U) SUMMARY: What was anticipated to be the opening of 
full-fledged evidentiary proceedings against CUD chairman 
Hailu Shawel and more than 100 other opposition supporters 
detained since November 2005 was not.  Rather, prosecutors 
submitted, and the Court accepted, the amended charge of 
"attempted genocide," in the only substantive issue 
addressed.  Court proceedings will resume May 8.  END 
SUMMARY. 
 
2. (U) All of the more than 100 opposition defendants facing 
capital charges along with Hailu Shawel were present at the 
May 2 hearing (the first since March 22), most wearing 
black.  As they entered the court, many embraced each other 
in what was apparently the first time they had been together 
for some time.  They appeared to be in good health.  Public 
attendance was noticeably down from prior hearings, with 
many seats vacant.  Most European diplomats were absent; 
many had begun a rotational attendance in anticipation of 
continual hearings throughout the week.  The European 
Union's legal observer, Reuters, and Associated Press were 
present, as well as a London-based ActionAid representative. 
Hailu Shawel's wife and son, and Berhanu Nega's Amcit wife 
were also in attendance. 
 
3. (U) The High Court first addressed the issue of the 
amended charge related to genocide.  As the court had 
insisted at the prior hearing that the charge be amended 
formally, the prosecution formally submitted the amendments 
in writing, and the defendants (all but the three civil 
society defendants were unrepresented) were given copies of 
the amended charges.  The court accepted the charges, and 
then, at the insistence of one detainee, read through the 
list of defendants for their response to the charge. 
 
4. (U) In a brief opening statement, the prosecutor 
essentially recapitulated the charges and stated that the 
prosecution would use various evidence to prove direct or 
indirect involvement in violence against the state, and that 
the defendants unlawfully sought change in an 
unconstitutional way.  No attempt was made to present a 
theory of the case in the opening statement.  The prosecutor 
declared that he would present evidence in the following 
order: video, audio, and then witnesses.  No evidentiary 
material or equipment was present, and no effort was made to 
continue presenting the case. 
 
5. (U) The Court then permitted several defendants to speak 
on subjects unrelated to the prosecution (or defense) of the 
case.  One person wanted money taken from him returned, 
another wanted to speak his own native language to his 
family members, one defendant mother wanted longer visits 
allowed for her children, several wanted their computers and 
cameras returned.  There were also some allegations about 
prisoner abuse.  When questioned by the judge, the 
prosecutors and police representatives denied any knowledge 
about any of the matters raised by the defendants. 
 
6. (U) Following a short break, the Court announced its 
findings.  Notably, that the prosecution should bring 
equipment to present its case (first video, then audio, and 
then witnesses), and that the prison officials were expected 
to investigate and present to the court findings on the 
range of complaints registered by the defendants.  The Court 
also asked that the criminal investigators state why 
personal property was not being returned to the defendants. 
 
7. (SBU) One attendee (an attorney acting as interpreter for 
the EU) advised conoff that she had identified 14 of the 
prosecution witnesses.  She said that some had actually 
visited Kaliti prison and claimed they were being "forced to 
testify", but that "they would not say much" if compelled to 
testify. 
 
8. (U) In a final ruling, the court ordered the venue of the 
next court appearance (scheduled for May 8) changed from a 
special court in central Addis Ababa (next to Addis Ababa 
University) to Kaliti prison on the outskirts of the city, 
where the defendants are being held. 
 
ADDIS ABAB 00001231  002 OF 002 
 
 
 
9. (SBU) COMMENT: Neither the prosecution nor the Court 
seemed to be in any particular hurry to advance the case. 
More time was allowed defendants to register their 
complaints than at any prior session.  The defendants did 
not seem perturbed by the pace, and no statements were made 
about the prosecutor's remarks.  The defendants' material 
possessions and visitor access seemed to be of greater 
concern than the case progression, perhaps the defendants' 
way of "ignoring" or refusing to take part in the hearing. 
 
10. (SBU) COMMENT CONTINUED: So long as international and 
family member access continues, the transfer of the 
proceedings should be interpreted more as a security measure 
than as an attempt to keep key players out.  The current 
location of the trial is on one of Addis' largest and most 
easily accessible public squares.  The approach of the one- 
year anniversary of the 2005 elections may also have 
heightened the GOE's security concerns, and thus the Court's 
decision to transfer venue.  END COMMENT. 
 
Huddleston