[Updated with list of the pardoned former officials]
Ethiopian President Girma Woldegiorgis pardoned 23 former Dergue officials on May 28/2011. The pardon commutes their death sentence to life imprisonment.
The pardon was made public today, Wednesday, at noon when the President appeared on the national broadcaster, ETV.
The President explained that he signed the pardon, upon the recommendation of the pardon board, taking into consideration the petition, poor health, old age and remorse of the convicted as well as the plea of the religious leaders.
The President underlined that the deeds of the former Dergue officials was heinous, yet he noted the need to close the chapter and move on and hoped the victims would endorse his decision.
Hundred thousands are estimated to have died through a number systematic and wide scale state violence, including the ‘Red Terror’, waged by the Dergue regime, during its 17 years reign that ended on May 28/1991.
Hundreds of former Dergue officials had been charged of genocide for their role, in the 1975-77, in the officially waged campaign, dubbed Red Terror, to wipe out members of opposition parties.
The high-profile case that 73 top officials – of which former President Mengistu Hailemariam and 24 tried in absentia – concluded in 2005 sentencing most of them to life or lesser prison terms – as they were found directly responsible for the deaths of 2,000 people and the torture of at least 2,400.
Unsatisfied with the verdict the prosecutor appealed to the Supreme Court, which sentenced 26 of them, including the
former President, to death in 2008.
It is only to those currently in prison that the death sentence is commuted, as Pardon, under Ethiopia law, is a procedure applicable only to one serving her/his prison terms.
Thus, the pardoned former Dergue officials are: Captain Fikreselassie Wogderes, Captain Legesse Asfaw, Major melaku Tefera, Abdulkadir Mohammed, Col. Tesfaye Woldeslassie, General Legesse Belayneh, Gesgese Gebremeskel, Lieutenant Petros Gebre, lieutenant Seleshi mengesha, Col. Nadew Zekarias, Captain Begashaw Atalay, Maj. Gen. Wubshet Dessie, Col. Feseha Desta, Col. Endale Tessema, Col. Debela Dinsa, Lieutenant Argaw Yimer, Major Dejene W/Agegnehu, Eshetu Shenkute, Captain Gesse W/Kidan, Lieutenant Desalegn Belay, Private Lesanu Molla, Private Abebe Eshetu, and Private Zerihun Mamo
What is in store?
A death sentence is in effect a life sentence as Ethiopia executed only 2 criminals in 20 years – both exceptional cases. No doubt the President’s decision relieves the convict from waking up every day with the possibility execution hanging over their heads. But that would be it, in normal cases.
But this looks like a prelude to the probable release of the former Dergue Officials this summer.
It was on 2008, at the beginning of the 3rd Ethiopian millennia and months after the President of the Republic pardoned former CUD (Kinijit) leaders that the idea of pardoning former DERGUE officials started to float. Reportedly, a group of Elders contacted unnamed government officials, only to receive a formidable demand: ‘they should seek and secure the pardon of the victims first.’ That is, at least, the forgiveness of hundred thousand victims of torture and who lost their loved ones due to the so-called Red Terror campaign and other forms of state violence in the 1970s. The Elders continued their efforts, though they kept low profile in line with the local norm for such endeavors.
The issue surfaced again on the 10th of December, when the Elders cancelled a press conference they organized ‘to reveal new developments’. Yet, it was learnt a different group of Elders is handling the matter – the leaders of the four major Religions.
A week later, on 18 Dec., the Religious leaders issued a joint press statement that makes a passionate plea for public forgiveness, indicates the efforts made thus far, and outlines a plan for national reconciliation, including an assembly to be held a week later where the convicted Dergue officials would plea for mercy from the victims and their representatives. The 3-page long statement contained only two vague phrases with regard to government position on the matter: ‘Officials has been informed of the process as it is part of Ethiopia’s renaissance’, and ‘a national reconciliation event will be held by the end of the Ethiopian month Tahsas (i.e., before Jan 8), following the government’s acceptance of the plea of the religious leaders.’
In the weekend, one major local newspaper claimed the former Dergue officials will be released on/before the Ethiopian Christmas-that is, January 7. Apparently, the paper made inferences solely from the statement of the religious leaders.
A confusing week followed.
Government spokesperson and Torture Victims association contradicted the religious leaders. State Minister of Government Communication Office, Shimeles Kemal, reportedly said that the government has no knowledge of the matter and no ‘negotiations’ have been made with the religious leaders. The Torture Victims association dismissed the idea of reconciliation, though they claimed ‘to have no objection to the efforts of the religious leaders’.
The following weeks saw a heated debate on the matter – even the victims were divided between those who deemed the very idea appalling and those who endorse it on sympathetic grounds. The wrath of some of the victims didn’t spare even the religious leaders.
The Prime Minister came out, on February, in defense of the religious leaders when he said ‘I don’t deem their effort unfit for a role of religious leader’ and ‘there won’t be a constitutional amendment for the sake of pardoning the former Dergue officials’. Yet, he was vague on the core issue.
Setting the stage
Indeed, there was no way the former Dergue Officials could be released, save a Constitutional Amendment. The Constitution of the Federal Democratic Republic of Ethiopia (FDRE) stipulates:
Article 28 – Crimes Against Humanity
1. Criminal liability of persons who commit crimes against humanity, so defined by international agreements ratified by Ethiopia and by other laws of Ethiopia, such as genocide, summary executions, forcible disappearances or torture shall not be barred by statute of limitation. Such offences may not be commuted by amnesty or pardon of the legislature or any other state organ.
2. In the case of persons convicted of any crime stated in sub-Article 1 of this Article and sentenced with the death penalty, the Head of State may, without prejudice to the provisions hereinabove, commute the punishment to life imprisonment.
But the Constitutional provision won’t be a problem after next July – when most of the prisoners will make 20 years, thus legible for probation. As Ethiopian law allows a prisoner to apply for probation after serving 1/3rd of the sentence, or, in case of life sentence, after twenty years of imprisonment.
Those sentenced to death, however, had to have it commuted life sentence, so as to be able to apply for probation come July 2011 – which is what just happened.
Now their release lies on the recommendations of the Prison Administration and a brief court appearance.
One may point out the precondition set by the Criminal law that a Convict would be released on Probation, in addition to good conduct and behavior, ‘if he has repaired, as far as he could reasonably be expected to do, the damage found by the Court or agreed with the aggrieved party’.
I never saw that requirement in action, however.
In fact, even in the current Pardoning process, I doubt if the Pardon Board had examined ‘evidence and information furnished by any person, and any other evidence that it -gets on its own for or against the application for pardon’ presenting its recommendation to the President, as required by the Pardon Law. At least, in the interest of procedure, it should have invited the public to furnish evidences and information. Whether ‘anything new’ could have been achieved is not the question.
Be it as it may; now it appears certain that the government decided to set them free.
The next time we hear about the matter it would be days after the prisoners went home.
