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Viewing cable 06ADDISABABA3003, ETHIOPIA: CUD TRIAL MOVES ON TO WITNESSES

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Reference ID Created Released Classification Origin
06ADDISABABA3003 2006-11-14 07:53 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Addis Ababa
VZCZCXRO7917
PP RUEHROV
DE RUEHDS #3003/01 3180753
ZNR UUUUU ZZH
P 140753Z NOV 06
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC PRIORITY 3261
INFO RUCNIAD/IGAD COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHMFISS/CJTF HOA
RUEKDIA/DIA WASHINGTON DC
RHEHNSC/NSC WASHDC
RHMFIUU/HQ USCENTCOM MACDILL AFB FL
UNCLAS SECTION 01 OF 04 ADDIS ABABA 003003 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF/E 
LONDON, PARIS, ROME FOR AFRICA WATCHER 
 
E.O. 12958: N/A 
TAGS: PHUM KJUS KDEM PGOV ET
SUBJECT: ETHIOPIA: CUD TRIAL MOVES ON TO WITNESSES 
 
 
1. (SBU) SUMMARY.  The trial of detained opposition Coalition 
for Unity and Democracy (CUD) leaders, independent 
journalists and civil society representatives has resumed 
after a two-month break and quickly wrapped up the 
documentary stage of evidence.  The bench ruled in favor of 
the prosecution on arguments of admissibility of the 
additional evidence, which may prove potentially damaging for 
the defense, in particular the civil society representatives 
and journalists.  The witness stage of the trial has begun, 
with the prosecution presenting 10 witnesses per day toward 
its stated target of 300 witnesses.  Witnesses so far have 
made some serious allegations against the CUD leadership, but 
without an organized defense, there is little effort to 
refute their sometimes shaky testimony.  END SUMMARY. 
 
2. (SBU) International observers continue to attend each 
session.  Attorney Roger Briottet has replaced Michael Ellman 
as the European Union's full-time trial observer.  Lawyers 
Without Borders continues to send Ethiopian attorney Semere 
Kassaye to every session, in addition to a rotation of 
American attorneys.  Interested European embassies are 
maintaining a rotation of observers.  Other organizations 
present have included BBC, ActionAid, and the International 
Federation of Human Rights. 
 
--------------------------------------------- ------------ 
DEFENDANTS HAPPY TO REGROUP, CONTINUE COMPLAINTS TO COURT 
--------------------------------------------- ------------ 
 
3. (SBU) At the beginning of the first session returning from 
summer recess, defendants warmly greeted each other upon 
entering the courtroom and shared conversations for several 
minutes before taking their seats.  This was the first time 
many had a chance to see one another and were clearly happy 
to be reunited.  Several defendants had health concerns and 
several were hospitalized during the two-month break, but 
only a few defendants have continued to miss trial sessions 
due to hospitalization.  Generally speaking, they appear in 
good condition, despite complaints about their treatment. 
 
4 (SBU) During the October 13 session, several defendants 
addressed the court regarding their treatment.  The bench 
allowed this, but instructed defendants to limit complaints 
to those issues that the "bench can do something about, (as) 
it is impossible to give the corrections department orders." 
(NOTE: In a separate meeting on October 13 with the President 
of the High Court, Wubshet Kibru,  Poloff was told that the 
bench's jurisdiction in this regard is not entirely clear, 
but generally anyone to whom the bench gives an order, must 
obey - "The bench can even give the PM an order and he would 
have to follow."  END NOTE) The bench also instructed that if 
defendants have specific evidence of mistreatment, they can 
sue the corrections department in a separate case.  The bench 
then heard from defendants Muluneh Eyoel, Andualem Arage, 
Eskinder Nega, Sisay Agena, Melaku Fantaye, Mesfin Debesa, 
Tesfaye Ganta, Melaku Ouncha, and Mesfin Woldemariam.  The 
complaints raised included: being kept in solitary 
confinement with no light (Muluneh, Andualem, Eskinder, 
Sisay), limited visitation rights, lack of access to medical 
care, and physical abuse by prison officials.  In response 
the bench said that they &can only respond within the law - 
on some matters we can make a ruling, but on others we can do 
nothing.8  The bench ordered the complaints be written down 
and that a member of the corrections department should appear 
during the session scheduled for October 18 to address each 
one. 
 
5. (SBU)  In a response by the Deputy Manager of the Addis 
Ababa Prison Administration provided in court on October 18, 
he stated that the corrections department acts in accordance 
with its constitutional duty and that many organizations and 
representatives of the international community have visited 
the prison to see that all possible efforts are being made to 
provide adequate treatment (NOTE: Though many have been to 
Kaliti, since December 2005, no organization/international 
representative has been allowed into Kerchele  where four 
defendants are allegedly being kept in solitary confinement. 
END NOTE).  He went on to say that no one has been denied the 
right to medical attention if needed.  As an example, he 
pointed out that Hailu Shawel has been taken to the hospital 
25 times since he was imprisoned.  He pointed out that the 
prison does not have facilities for solitary confinement and 
that the bench is free to assign someone to come examine for 
 
ADDIS ABAB 00003003  002 OF 004 
 
 
themselves.  He also claimed that there has never been any 
restriction on visitors and all who carry an ID card can 
visit on the weekend.  The bench concluded by saying they 
would give a ruling in the following session. 
 
--------------------------------------------- ----- 
PROSECUTION ALLOWED TO PRESENT ADDITIONAL EVIDENCE 
--------------------------------------------- ----- 
 
6. (SBU) The trial went on recess on August 4 as the bench 
was deliberating the admissibility of 9 of the 88 additional 
documents submitted by the prosecution.  On July 31, the 
defense attorneys and defendants Daniel Bekele and Netsanet 
Demissie objected to these 9 documents that allegedly 
pertained to them, claiming that they are inadmissible based 
on a number of arguments.  The prosecution countered that not 
only are the 9 documents that refer to the ActionAid 
defendants admissible, but in fact all of the 88 newly 
introduced documents should be considered as evidence against 
them.  In a lengthy explanation, the prosecution countered 
each one of the defenses claims regarding the documentary 
evidence. (reftel) 
 
7. (SBU) The first full session following the recess, the 
bench ruled on the additional documentary evidence. Before 
giving a ruling, the bench made the point that a draft 
evidence law exists but has not yet been signed into law, and 
therefore evidence was difficult to evaluate. (NOTE: Poloff 
later clarified with Semere of Lawyers Without Borders that 
in fact the draft evidence code was presented 2 years ago but 
has not yet been passed, and the existing code says very 
little about admissibility of evidence, leaving much up to 
interpretation by the bench.)  The bench then went point by 
point through the defense's objection, in the end ruling that 
all the documents were admissible. 
 
8. (SBU) In the prosecution's presentation of the additional 
evidence, it appeared that the intention was to address the 
issue of conspiracy.  Explanations included statements such 
as, &this evidence is presented to show the relationship 
among the conspirators for their common illegal 
conspiratorial goals,8 and &this is evidence that the 
conspirators have forged a close bond of cooperation to 
overthrow the system.8  Another theme in this set of 
documentary evidence was a focus on civil society 
representatives, journalists and those defendants being tried 
in absentia.  For example, in reference to the civil society 
members, the prosecution submitted notes and letters found in 
the offices of civil society representatives, as well as 
minutes from meetings that were held for the purpose of 
&gathering support for CUD lead conspiracy.8 The 
prosecution accused these civil society organizations of 
operating under the &cover of reconciliation" and "under the 
umbrella of the CUD (to) foster the conspiracy.8   A few 
letters from defendants being tried in absentia call for 
struggle against the EPRDF, and conclude saying that Hailu 
Shawel identified these civil society representatives as 
contact persons.  Referring to the journalists, a number of 
articles and editorials written by defendant journalists 
(some detained in Ethiopia, some being tried in absentia) 
were submitted.  Most of the articles were written around the 
time of the May 2005 election, and were very critical of the 
National Election Board (NEB) and allege cooperation between 
the EPRDF and NEB leadership to &cheat the election.8   A 
few of the articles claim that the army has lost faith in the 
government and suggest that they &join forces with the 
people to defend against EPRDF-led aggression.8 
Additionally, some of the authors claim that they had 
information that Eritrean assassins had been brought to Addis 
to kill the leadership of the CUD. 
 
-------------------------------------- 
300 WITNESSES TO TESTIFY; NO DISCOVERY 
-------------------------------------- 
 
9. (SBU) On October 25, the prosecution commenced the witness 
stage of evidence, stating that it plans to present a total 
of nearly 300 witnesses.  Despite multiple objections by the 
defense, the bench ruled that the names of the witnesses will 
not be revealed in advance.  This requires defense attorneys 
(or defendants) to cross examine immediately after witnesses 
are questioned by the prosecution with no "discovery" period 
to prepare.  The bench has instructed the prosecution to 
 
ADDIS ABAB 00003003  003 OF 004 
 
 
present 10 witnesses per session. 
 
10. (SBU) As of November 2, the court had heard three 
sessions of witness testimony.  Each session, the prosecution 
presents the group of witnesses around one or two themes and 
the lead prosecutor begins with a summary of the testimony, 
what charges it supports, and to which defendants it applies. 
 Testimony has mentioned a number of defendants, but it has 
been primarily concentrated on the leadership of the CUD, 
including Hailu Shawel, Berhanu Nega, Birtukan Mideksa, and 
Muluneh Eyoel. 
 
11. (SBU) On October 25, witnesses testified that they 
assisted in serving search warrants of defendants, homes and 
offices, confirming that they found specific documentary 
evidence.  Other defendants testified that they attended CUD 
rallies at which flyers were handed out (also submitted in 
documentary evidence).  The only cross examination that took 
place was by defendant Gizachew Shiferaw, who reacted to one 
witness, claiming to be a neighborhood merchant.  Gizachew 
challenged this, saying that the man works for the security 
detail of PM Meles, and that he had seen him during visits to 
the PM,s office. 
 
12. (SBU) On October 27, most witnesses were farmers from a 
region in western Ethiopia and testified that some of the 
mid-level CUD defendants were organizing meetings in their 
villages.  During these meetings, the defendants reportedly 
said that the CUD won the May 2005 election, called for armed 
struggle and instructed farmers to &use their axes and 
machetes8 against security forces.  One witness from the 
town of Bahir Dar testified that that several of the top CUD 
leadership recruited him into the CUD and instructed him to 
&organize violent means of struggle8 in response to the 
election results and to form a group of &armed bandits8 in 
his city.  He said that he subsequently formed this group and 
that he was paid a stipend by the CUD for his work.  He said 
he was also motivated because the CUD told him after the 
EPRDF won the election, the Tigray region would move to 
secede from Ethiopia.  Defendant Mamushet Amare, in cross 
examination, told the court that the witness is currently the 
chief of police in Bahir Dar and such organization would be 
illegal. The witness admitted that he once was the chief of 
police, but that he has since been fired, and that he met the 
&bandits8 when they were in jail. 
 
13. (SBU) On October 31, the witnesses brought forth claimed 
to be organizers and party members of the CUD in Addis Ababa. 
 Several reported that they had attended public meetings 
organized by the top leadership of the CUD, in which the 
leaders asked attendees whether or not they should join the 
parliament.  These meetings allegedly concluded with 
instructions from the defendants that participants should 
&stand by and await a call from the (CUD) leadership.8 
Other witnesses testified that in meetings with the CUD 
leadership, they were given a 13-page document that outlined 
an 8-point strategy of civil disobedience.  This included 
calls to: honk car horns during upcoming AU summit, not to 
listen to government radio, not shop at EPRDF-run businesses, 
and participation in a stay-at-home strike.   Meeting 
participants were asked to relay this call for action to 
residents of their woreda.  They also recalled that the 
defendants told them that these actions would likely lead to 
arrests and that participants should &defend themselves.8 
No defendant offered any cross-examination. 
 
--------------------------------------------- ------- 
COMMENT: TRIAL MOVES ON, (LACK OF) DEFENSE CONTINUES 
--------------------------------------------- ------- 
 
14. (SBU) The final documentation presented by the 
prosecution contained some material that, if found to be 
legitimate, might be considered damaging to some of the civil 
society representatives and journalists.  The ActionAid 
defendants objected to this documentation on a number of 
grounds, but the bench decided that it will ultimately make 
the determination on relevance of the evidence.  The witness 
stage has highlighted more than ever that the defendants 
would benefit from having legal representation and an 
organized defense strategy, even if there is no preparation 
time allowed by the court.  The witnesses, testimony has 
varied in its degree of seeming incrimination, but the 
defendants have only responded in cross-examination when 
 
ADDIS ABAB 00003003  004 OF 004 
 
 
exceptionally incensed, and have sought to discredit very 
little of their claims.  In the end, as with the video and 
documentary evidence, without hearing from both sides, the 
bench may have little option but to rule for the prosecution. 
HUDDLESTON