against the people of Ethiopia and to educate the people and make them
aware of those offences in order to prevent the recurrence of such a system of
government.
133.
The Complainants argues that it is clear from this Proclamation
that even before the Victims were brought to court, they were branded
criminals by the Proclamation. Thus, it argues, in the eyes of the
Transitional Government, the Victims had subjected Ethiopians to
gross oppression under the yoke of a fascistic rule; they had
perpetrated „brutal‟, „heinous‟ „horrendous‟ crimes which occupy a
special chapter in Ethiopia‟s history; they had impoverished the
Ethiopian economy through illegal plundering, destruction and
misappropriation of public property.
134.
It argues that the Proclamation looks more like a legislative
sentence which only ran short of declaring the Victims guilty even
before they were charged. It avers that legislation is conceived as a
system of rules with a generality of application for the regulation of the
life and activities of the community as a whole and singling out a
person for individualized treatment by legislation may not only be
arbitrary and discriminatory, it can lend itself to oppression, favoritism
or other kinds of abuse.
135.
They further aver that in the performance of their duties, the
Special Prosecutor and his officials are expected to be impartial and to
protect the public interest with objectivity, take proper account of the
position of the suspect and the victim, and pay attention to all relevant
circumstances, irrespective of whether they are to the advantage or
disadvantage of the suspect.25 However, they aver that, from the way
the law setting up the Special Prosecutor‟s Office was couched, this
was not the role envisaged for the Office of the Special Prosecutor.
They state that the Proclamation made the Special Prosecutor more of a
“persecutor” than “prosecutor” and that it was obvious based on the
Proclamation that the Special Prosecutor began the prosecution and
investigation of the cases against the complainants on the basis that
they were already guilty and needed to prove their innocence.
b. statements made by the Respondent State officials during and after the trial
of the Victims violate the violates the right to be presumed innocent as
guaranteed in Article 7(1)(b) of the African Charter.
25
See Rule F (h) (i) (2) of the Principles and Guidelines on the Right to a Fair Trial and Legal
Assistance in Africa, as in n 25 above.
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