VZCZCXRO7702
PP RUEHROV
DE RUEHDS #1587/01 1881356
ZNR UUUUU ZZH
P 071356Z JUL 09
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC PRIORITY 5367
INFO RUCNIAD/IGAD COLLECTIVE PRIORITY
RUEPADJ/CJTF HOA PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEWMFD/HQ USAFRICOM STUTTGART GE PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
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RUEKJCS/SECDEF WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 03 ADDIS ABABA 001587 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER PGOV PREL ET
SUBJECT:  ETHIOPIA'S PROPOSED ANTI-TERRORISM LAW 
 
REF: ADDIS ABABA 505 
 
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SUMMARY 
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¶1. (SBU) On its final day in session, the Ethiopian parliament 
passed the government's Antiterrorism Law (ATL, reftel) on July 7. 
In a July 3 meeting with the Ambassador, Head of the Prime 
Minister's Office and Cabinet Affairs Minister Berhanu Adello -- one 
of the key drafters of the ATL and other laws passed since 2005 -- 
underscored that the proposed law is aimed at combating terrorism 
against the public, not at violent acts against, or raising public 
opposition to, the Government.  Refuting Human Rights Watch charges 
that opposition leaders would be targeted and prosecuted under the 
new terror law, Adello stressed there must be clear evidence of a 
planned or actual terrorist act against the general public and that 
assassination plots against government officials or efforts to 
overthrow the government would need to be pursued under common 
criminal laws.  A person could not be convicted for association with 
a terrorist unless the person knew of, or supported the terrorist to 
commit, acts against the public.  Even inciting ethnic or religious 
hatred would not come under the ATL, but must be prosecuted under 
the common criminal code.  Adello added that in drafting the ATL 
Ethiopia adopted elements from a number of similar laws, including 
the U.S. Patriot Act.  Ethiopia avoided some harsh measures, citing 
France's provision allowing two year imprisonment before conviction 
and noting that Ethiopia set a four month limit to prosecute or 
release. Separately, the Ambassador raised the urgency to release 
opposition leader Birtukan Midekssa from imprisonment and the need 
to reach out to the opposition parties through interparty talks. 
End Summary. 
 
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VIOLENCE AGAINST THE PUBLIC, NOT THE GOVERNMENT 
--------------------------------------------- -- 
 
¶2. (SBU) Prime Minister Meles' top advisor and personal confidant, 
Berhanu Adello, explained to the Ambassador July 3 some elements of 
the proposed antiterrorism law, which was approved by Parliament on 
July 7.  Adello is one of the key drafters of the ATL as well as 
other laws passed since 2005 dealing with the electoral process and 
campaign financing.  He refuted Human Rights Watch's charges that 
the proposed anti-terror law will be targeted against the opposition 
or would be used to restrict freedom of speech to criticize the 
government.  The law is narrowly defined and limited to terrorist 
acts aimed against the general public and not, Adello stressed, for 
acts to assassinate public officials or overthrow the government. 
Violent acts against public officials and even efforts to rally 
public support to commit violence against the government are 
addressed within the criminal code. 
 
¶3. (SBU) Adello said that former Addis Ababa mayor-elect Berhanu 
Nega's comments hinting at the overthrow of the government could not 
come under the new  law.  If Berhanu was clearly shown to organize 
acts of violence against the government then there would need to be 
clear evidence and he would then be prosecuted under the normal 
criminal code. 
 
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TERRORISM, NOT ETHNIC OR RELIGIOUS VIOLENCE 
------------------------------------------- 
 
¶4. (SBU) In the case of ethnic or religious violence, even though it 
poses great harm to the public, would not be considered an act of 
terrorism but would be dealt with under other laws, Adello insisted. 
 Adello cautioned again that the judicial system, in the effort to 
protect civil liberties, must take great pain to judge ethnic and 
religious hate remarks or hate crimes within the parameters of the 
law, ensuring there is clear evidence for conviction before legal 
action is taken. 
 
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ASSOCIATION NOT A CRIME 
----------------------- 
 
¶5. (SBU) Adello referred to the importance of the protection of 
civil rights. In reference to people who may have known or lived 
with a convicted terrorist, unless there is clear evidence that the 
person knew of the activities or supported the terrorist, there is a 
lack of evidence to charge the person with any crime. 
 
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FOLLOWING OTHER COUNTRIES 
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ADDIS ABAB 00001587  002 OF 003 
 
 
 
¶6. (SBU) Adello said his group reviewed the antiterrorism laws of 
other countries, especially the U.S. Patriot Act as well as the laws 
passed by France and Sweden.  Elements of the ATL were taken from 
other laws and harsh elements eliminated while other measures were 
adopted. 
 
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DETENTION AND TRIAL 
------------------- 
 
¶7. (SBU) On detention, Adello stated firmly that there can be no 
open-ended detention.  Under the ATL no suspect can be held for more 
than four months without conviction of a crime and firm dates for 
trial.  Adello pointed to France's two year rule as excessive.  He 
added that several suspected terrorists, some who were foreigners 
being detained by the police, were arrested under the normal 
criminal code because their acts and plans were directed against the 
government and not the general public.  While their acts are clearly 
terror-related, under the Ethiopian definition their terror acts 
must be directed against the public and not the government. 
Further, in these cases, while the police had deep suspicion that 
these suspects are violent and would seek to do great harm against 
the government, the suspects were released for lack of evidence that 
would stand up in a court of law.  Adello said the rule of law is 
paramount and if there is no solid evidence to convict the suspects 
they must be released no matter how dangerous the suspects may be 
viewed. 
 
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POLICE HAVE JURISDICTION OVER ARRESTS 
------------------------------------- 
 
¶8. (SBU) Ambassador raised the case of Ethio-Canadian Bashir Muktar, 
who has been detained for over two years and whose trial has not 
been open to the public.  Adello commented the police have the 
responsibility to arrest and detain suspects, not the National 
Intelligence and Security Service or other government entities. 
Rumors that Muktar is being held in a secret detention center 
operated by the intelligence service are false; Adello pointed to 
the former Canadian Ambassador who had access to Muktar.  (Note: 
Canadian diplomats confirm to us that while they have had consular 
access to Muktar, it has always been at a third location; they have 
never known or had access to where he is being detained.  End Note.) 
 His trial, while not under public scrutiny, is being handled 
appropriately within the criminal court system and is open to 
judicial review to ensure that his rights are protected. 
 
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BIRTUKAN AND OTHER ISSUES 
------------------------- 
 
¶9. (SBU) On the detention of prominent opposition leader Birtukan 
Midekssa and the need to enforce the court's ruling for her to be 
able to see whomever she wishes, Adello agreed that the ruling of 
the court must be observed and that Birtukan should have the right 
to see anyone she wishes.  This is being handled in the judicial 
process, Adello stated.  In cases where the court makes a mistake, 
the appeal process is critical and must be pursued to correct errors 
in adjudication of cases.  Finally, the Ambassador stressed the 
importance of the electoral commission organizing the interparty 
talks between the government and opposition parties as agreed to by 
the government. 
 
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COMMENT 
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¶10. (SBU) Adello is a very articulate and gifted lawyer who has a 
deep understanding of legal systems.  One of Prime Minister Meles' 
closest advisors, Adello serves as a chief of staff handling the 
Prime Minister's schedule and personal affairs.  But most important, 
he handles the priority agenda items for the Prime Minister.  Since 
2005 he has been a key legal advisor and drafter of several laws 
passed overseeing the electoral process.  While we have discussed 
the importance of an antiterrorism law with the government since 
2001, we will remain closely engaged with the government in 
moderating, raising concerns, and criticizing the law as it is 
implemented.  Regrettably, as with other recently passed laws 
governing civil society, the press, and political parties, the 
Ethiopian government has insisted on ramming through legislation 
that is highly restrictive.  Like these other laws, rather than 
amend the ATL to render it less restrictive, the government instead 
has attempted to assure the international community that the 
provisions included will not be implemented because we should 
 
ADDIS ABAB 00001587  003 OF 003 
 
 
believe the stated intent of the government rather than the text on 
the page.  The ATL must be seen in the context of the several laws 
which have passed since the 2005 national elections.  Taken 
together, these laws redefine the political landscape making it more 
difficult for opposition groups to establish, operate and pose an 
important alternative voice to the ruling party.  End Comment. 
 
YAMAMOTO