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Viewing cable 06ADDISABABA1195, UN HIGH COMMISSIONER FOR HUMAN RIGHTS FOCUSES ON

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Reference ID Created Released Classification Origin
06ADDISABABA1195 2006-05-01 17:42 2011-08-30 01:44 CONFIDENTIAL Embassy Addis Ababa
VZCZCXRO9908
RR RUEHROV
DE RUEHDS #1195/01 1211742
ZNY CCCCC ZZH
R 011742Z MAY 06
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC 0295
INFO RUCNIAD/IGAD COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHMFISS/CJTF HOA
RUEKDIA/DIA WASHINGTON DC
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 ADDIS ABABA 001195 
 
SIPDIS 
 
SIPDIS 
 
FOR AF/E 
 
E.O. 12958: DECL: 04/30/2016 
TAGS: PGOV PHUM ET
SUBJECT: UN HIGH COMMISSIONER FOR HUMAN RIGHTS FOCUSES ON 
HIGH PROFILE TRIAL OF CUD DETAINEES 
 
REF: A. ADDIS 1187 
 
     B. ADDIS 926 
 
Classified By: Charge d'affaires a.i. Janet Wilgus for reasons 1.4 (b) 
and (d) 
 
 1.  (C) Summary.  At the end of her three-day trip to Addis 
Ababa April 23-26, U.N. High Commissioner for Human Rights 
Louise Arbour legal analysis is needed in the high profile 
trial of the opposition Coalition for Unity and Democracy 
(CUD) leadership, civil society representatives and 
journalists, which should include consistent legal 
observation and ongoing commentary. A trial of this magnitude 
 and political weight (111 defendants are facing charges of 
outrage against the constitution and most face "attempt to 
commit genocide") is a huge burden on the judiciary which, 
she predicted, would erode its credibility. (Note:  The trial 
is to resume on May 2nd. End note.) End summary. 
 
2.  (C) U.N. High Commissioner for Human Rights Louise Arbour 
gave selected chiefs of mission a read-out of her April 23-26 
visit to Ethiopia that focused on civil and political rights. 
She told COMs that she followed the developing situation in 
Ethiopia, and had written to the Prime Minister but had not 
spoken out publicly as her under resourced office lacked the 
ability to provide the necessary analysis.  Nevertheless, she 
said, Ethiopia is a high priority country for her office and 
she is looking to draw on UN resources (such as the human 
rights officer assigned to the UN Mission to Ethiopia and 
Eritrea (UNMEE)) to increase the capacity to monitor Ethiopia. 
 
Prison Visit 
------------ 
 
3. (C) Mme. Arbour met with six detainees individually: 
 
-- CUD Chairman Engineer Hailu Shawel, whom she described as 
defiant and can be expected to further politicize the trial; 
 
-- CUD Executive committee member Dr. Yakob Hailemariam, with 
whom Mme. Arbour had worked at the International Criminal 
Tribunal for Rwanda in prosecuting genocide cases.  This 
meeting was quite emotional, she said, as Dr. Yakob had no 
advance knowledge that he would be meeting with Mme. Arbour. 
She described his spirit as broken, and speculated that he 
would be willing to cut a deal so as to be able to return to 
the U.S.; 
 
-- human rights activist Professor Mesfin Woldemariam; 
 
-- human rights activist Netsanet Demissie, of the 
Organization for Social Justice in Ethiopia, who, with two 
other civil society detainees, has tried to get a separate 
trial; and is willing to engage legally; 
 
-- journalist Serkalem Fassil (F), who is seven months 
pregnant; 
 
-- teacher Mulunesh Abebayehu (F), who is not among the 111 
"Hailu Shawel" detainees; Mme Arbour reported that she said 
she has not yet appeared in court and does not know the 
charges against her. 
 
Bail... 
------- 
 
4. (C)  Mme. Arbour found the lack of bail for the detainees 
"not acceptable" for the length of detention.  She said that 
while the government states that the charges are "not 
bailable," legislation allowing this is not in conformity 
with Article 196 of the Constitution.  In fact, she said, the 
government has painted itself into a corner that it will be 
difficult to get out of.  Bail is necessary from a political 
point of view as well, she said, in order to "lower the 
temperature" and give space.  The government, she said, is 
seeking to divide the opposition by keeping them in jail 
without bail. 
 
...Genocide charge and a long trial... 
-------------------------------------- 
 
5.  (C) She said she is appalled at the charge of genocide or 
attempted genocide.  Only international tribunals have 
successfully concluded trials on genocide charges, and these 
 
ADDIS ABAB 00001195  002 OF 002 
 
 
trials have been complex and lengthy.  It is unrealistic to 
expect the trial to be handled expeditiously. It is possible 
that some of the detainees will boycott the trial which will 
then become a space for political combat.  In fact, she 
stated, the Ethiopian judiciary is being burdened with a task 
that will impinge on its credibility and independence, and 
from which it will take a long time to recover.  Legal 
analysis is needed, to include consistent legal observation 
of and commentary on the high profile trial. 
 
6. (C) In any event the trial will raise the profile of the 
detainees.  If it is a speedy, continuous trial (which is 
unlikely, she said), visibility will increase as they are 
seen frequently.  If the trial drags on, with frequent 
adjournments, that too will provoke an outcry.  Nor can the 
government control the legal proceedings themselves; some 
detainees may cooperate, others may resist any legal 
proceedings.  There may be a motion for severance as there 
are incompatible defenses.  At the trial the government will 
also be forced to put its evidence on the public record. 
 
7. (C) In her meeting with Prime Minister Meles he emphasized 
that "the law must run its course."  In a private aside at 
the end of the meeting she said that she told him that it is 
up to him to make a move to diffuse the political predicament 
as he is the one in power.  She told COMs that a face-saving 
measure is needed, and the government may have to find a way 
to recast the charges. 
 
Stay engaged 
------------ 
 
8. (SBU) COMs asked Mme. Arbour and her office to stay 
engaged, particularly in providing expert legal analysis of 
the human rights dimensions of the trial.  She recommended 
that COMs look at other avenues to open side routes for 
democratic human rights-based dialogue, such as working with 
the National Human Rights Commission to develop a national 
human rights plan and a participatory forum. 
 
9. (C) Mme. Arbour will be attending the AU Heads of State 
Summit in Banjul, The Gambia, in July, when she plans to meet 
with PM Meles again.  She said she would also be willing to 
meet with Addis-based COMS attending the AU meeting.  She 
said she will encourage other international leaders to 
encourage the PM to make a conciliatory move on the detainees. 
 
UN Human Rights Council 
----------------------- 
 
10. (C) On the new UN Human Rights Council, Mme. Arbour said 
that she had discussed African candidates with AU Chairperson 
Konare, expressing her disappointment that an African bloc of 
13 candidates had been proposed for its 13 seats on the 
council.  This defeated the new election process and 
architecture of the council, of focusing on the merits of 
each candidate. Nevertheless, she commented, the list of 13 
did not include any egregious human rights offenders. 
 
Comment 
------- 
 
11. (C) Mme. Arbour's visit, just a few days before the high 
profile trial is set to begin in earnest on May 2nd, cast the 
political confrontation in a new light by focusing on the 
legality of human rights aspects of the trial. While her 
messages to the government are somewhat similar to those 
conveyed by other international visitors, the weight of her 
office and legal background may give pause. 
WILGUS