ETHIOPIA-POLITICS: GENOCIDE CONCEPT HALTS TRIAL

By IPS Correspondents Reprint | | Print |

ANACLET RWEGAYURA

ADDIS ABABA, Dec 17 1994 (IPS) - THE ISSUE OF GENOCIDE IN THE TRIAL OF THE FORMER ETHIOPIAN PRESIDENT AND HIS COHORTS HAS DELAYED LEGAL PROCEEDINGS AS LAWYERS HERE BATTLE TO GET TO GRIPS WITH THE NEW AND COMPLICATED CONCEPT.

CHARGES OF GENOCIDE AGAINST MENGISTU HAILE MARIAM AND FORMER OFFICIALS OF HIS MILITARY REGIME, WHICH FELL IN MAY 1991, ARE PROVING A LEGAL MINEFIELD TO THE CENTRAL HIGH COURT PROCEEDINGS.

THE ISSUE OF GENOCIDE, THE ALLEGED POLICY OF THE DEPOSED REGIME TO DELIBERATELY KILL ITS OPPONENTS, HAS LED TO THE ADJOURNMENT OF THE TRIAL AFTER JUST FOUR DAYS UNTIL MAR. 7, NEXT YEAR.

“JUSTICE REQUIRES THAT WE GET ENOUGH TIME TO STUDY THE INS AND OUTS OF THIS CONCEPT, BASED ON INTERNATIONAL CONVENTIONS,” AN ADVOCATE FOR ONE OF THE 46 DEFENDANTS TOLD THE COURT.

“IT IS THE FIRST TIME TO HAVE SUCH A CASE IN ETHIOPIA AND IT REQUIRES TIME TO PREPARE THE DEFENCE FOR OUR CLIENTS,” ANOTHER LAWYER ADDED.

AFTER A LONG WRANGLE OVER THE ISSUE, PRESIDING JUDGE DASSALEGN ALEMU, CONCEDED THAT THERE WAS AGREEMENT AMONG THE DEFENCE COUNSELS — ALL HAND-PICKED BY THE GOVERNMENT — THAT THEY NEEDED AN ADJOURNMENT OF THE COURT PROCEEDINGS.

IN THEIR INDIVIDUAL PETITIONS, THE DEFENCE COUNSELS HAD DEMANDED AN ADJOURNMENT OF AT LEAST THREE MONTHS. THEY POINTED OUT THAT CHARGES FACING THE ACCUSED WERE NOT RESTRICTED TO DOMESTIC AFFAIRS, BUT HAD ELEMENTS OF GLOBAL INTEREST.

ONE OF THE ADVOCATES TOLD IPS THAT ALTHOUGH GENOCIDE WAS INCLUDED IN THE ETHIOPIAN PENAL CODE OVER 30 YEARS AGO IT HAD NEVER BEEN PUT TO PRACTICAL USE IN A COURT.

“THIS IS THE FIRST TIME IN OUR LEGAL HISTORY WE ARE COMING ACROSS A TRIAL OF THIS NATURE IN THIS COUNTRY. WE NEED TIME TO STUDY ITS IMPLICATIONS SO THAT WE CAN DEFEND OUR CLIENTS,” SAID THE LAWYER.

ANNOUNCING THE ADJOURNMENT FRIDAY, JUSTICE DASSALEGN SAID: “THE COURT HAS CONSIDERED THE CHARGES AGAINST THE ACCUSED AND WE HAVE GRANTED TIME FOR THE ADVOCATES TO PREPARE THEIR DEFENCE. THE COURT IS ADJOURNED TILL YEKATIT 28 (ETHIOPIAN CALENDAR).”