By Geletaw Zeleke
It thought it is important to show the Ethiopian judiciary by taking a symbolic single case. In December 2008 a popular singer, Tewodros Kasahun, was sentenced to six years imprisonment after the allegation he killed an 18 year old homeless man, named Degu, while driving his BMW in Addis Ababa City. Kasahun swore that he was innocent but was found guilty after the condemning testimony of a disputed witness and traffic policeman whom many believe was coerced by the government.
The popular belief surrounding the events of the trial was that the court was playing out some kind of drama in order to
falsely imprison Tewodros. Many fans of the singer, and others disillusioned with the government, believe that Tewodros was in fact imprisoned for the content of his songs which maintain a platform of solidarity for Ethiopians that conflict with the government position on ethnic-based politics. According to free Teddy Afro’s online petition 5,168 people signed showing that those citizens who signed didn’t trust in the judiciary process
falsely imprison Tewodros. Many fans of the singer, and others disillusioned with the government, believe that Tewodros was in fact imprisoned for the content of his songs which maintain a platform of solidarity for Ethiopians that conflict with the government position on ethnic-based politics. According to free Teddy Afro’s online petition 5,168 people signed showing that those citizens who signed didn’t trust in the judiciary process
Lawyer professor Al Mariam Wrote the following
“Teddy Afro is in Zenawi’s jail not because of any traffic or other criminal offense. Teddy is in jail because he pissed off Zenawi and his henchmen by getting in their faces and telling them like it is! Zenawi feels “dissed” by Teddy. He feels insulted. He wants to punish Teddy by showing him who is really “wearing those shorts (qumta) darned with 17 needles.” That’s why Teddy is in jail! That is why he will remain in jail. Zenawi knows it. So does everybody else. (2008)
What more people question is whether it was secret police who killed the 18 year old boy in an attempt to deflate the spirit of Tewodros fans. There were public demonstrations in the USA, Europe and even in Ethiopia condemning the court claiming that they were abusing power for political benefit
The questions of why people do not trust in their own judiciary institutions are telling of the low level of confidence Ethiopians have in their own justice system. How could the large number of the Ethiopian people believe a single man and not prosecutors or judges? Why those citizens of Ethiopians miss trust the justice institution?
This fact causes huge contention for the Ethiopian judiciary. The event shows that the federal court functions at a personal level where it attempts to gain trust like an independent citizen would. The court said we feel Tewodros is guilty, Tewodros said that he was innocent, but the number of people sided with Tewodros. Nothing is scarier than a country that lacks a strong independent court.
The time of the Tewodros trial seems symbolic for both the government and the people. The governments appear to have seen him as a threat and the people seemed to have seen him as a symbol of unity. The term unity here again seems to have a negative connotation for the government but a positive one for the people.
People go to different sectors seeking help: the ministry of government communication, culture and tourism, ministry of trade, ministry of transport, ministry of civil service, ministry of agriculture, ministry of finance and economic development, ministry of education, ministry of defense, police commission, ministry of health, ministry of justice with different level of confidence. Why is that? Why do people go to one sector with higher confidence or trust than another? It is because people believe that court, police, national defense, foreign affairs sectors are being used by politicians in order to maintain and protect their interests.
People see and feel broken oaths and favoritism for certain groups and individuals. This trend has left miss trust to permeate the fabric of the society.
Recent extensive studies show the majority of Ethiopians have lost confidence in government institutions, in particular the judiciary, the civil service sector, the military, the national election board, and the media.
“A lack of democratic ability and confidence blights the Ethiopian political system. Ethiopia’s semi-democratic government suffers from ineffective governance. While political constraints are relatively high, preventing arbitrary exercise of political power, there is very little competition in the executive and legislative branch of government, and the judiciary lacks independence. Levels of approval for the government are low at just over a third “of the population” only 21% are satisfied with efforts to preserve the environment. On all three variables, Ethiopia places in the bottom 30 of the index. There appears to be little respect for the rule of law and the country is notable for its poor regulatory environment for business, placing 101st in the index on this variable. Levels of confidence in the military and judiciaries are both very low. Ethiopians have few political rights, but 16% reported having voiced an opinion to a public official recently.” (2010; World Prosperity Index)
The Government arrests people using the court and the police are not independent so theses sector is being abused. Because of this nature people do not expect justice without bias. Because once the system is spoiled or corrupted it even can not do fairly for non political issues..
Professor Al Mariam calls the Ethiopian court a “kangaroo court”. He states the following.
In his recent article entitled “Kangaroo Justice for two Swedish journalists” he expressed
“Expecting a fair trial in kangaroo court is like expecting democracy in a dictatorship….
Every one knows that there is no such thing as the rule of law in Ethiopia because dictatorship is very antitheses of the rule of law”
Kangaroo justice for two Swedish journalists (2011)
Nowadays the term “kangaroo court” is given to the Ethiopian judiciary system by many prominent scholars and opposition party leaders. Political activists have lost trust in the judicial system and the people as a result of their lack of trust feel desperate. This lack of trust shows that the vertical relationship of people and government has a blockage.
Recently on December 21st two Swedish journalists were convicted by the Ethiopian court on charges of entering the country illegally and supporting terrorism. They were sentenced to an 11 year prison terms. However, Ethiopians and International communities are condemning believing that the verdict is absurd and only demonstrates how much the Ethiopian government fears investigative reporters. Defense lawyer Abebe Balcha told to the Reporters without Borders international secretariat that the objective of the government officials is “to discourage anyone from visiting from the Ogaden, as the two journalists did. To send a warning signal to the national and international media about the danger of receiving a long jail sentence on a terrorism charge if they attempt any potentially embarrassing investigative report.” Reporters Without Borders (2011).
There is no justice from despoiled Ethiopian Judiciary.
geletawzeleke@gmail.com
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https://ecadforum.com/articles/2011/12/29/no-justice-from-despoiled-ethiopian-court/
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