136.
The Complainants state that Dergue officials were treated as if
they were guilty of the offences with which they were charged even
before their guilt was established by a competent court. They argue
that statements from the Respondent State at the pre-trial and trial
period clearly demonstrate the government‟s hostility and bias
towards the Victims.
137.
The Complainants state that while the SPO gathered evidence
and the Respondent State trained and appointed judges, the former
Dergue Officials were subjected to „massive media propaganda and
untold defamation by top government officials and their cadres‟.26
They state that the SPO repeatedly appealed to the public through the
Government media and promised to pay compensation, house rent
and jobs to people who were willing to testify against the former
Dergue Officials. It states that workshops and mass demonstrations
were organized and red-terror victims committees set up to help in
gathering evidence against the former Dergue Officials. They say that
Prime Minister Meles Zenawi also repeatedly stated that having the
former Dergue Officials punished was part and parcel of their armed
struggle and that whatever these officials did in hours of darkness
„would be retaliated through the courts and in the manner he so
desires in broad daylight‟.
138.
The Complainants also state that talking to the New York Times
about the activities of the Dergue regime, the Special Prosecutor Girma
Wakjira stated that "it was not simply eliminating your enemy, it was
showing savagery at its utmost."27 They stated that the hostility and
bias continued even after their trial and in a letter addressed to the
Ministry of External Affairs, the Special Prosecutor stated: “The
genocide started as soon as the Derg came to power and only stopped
in May 1991, when the Derg was military (sic) defeated and removed
from power.28
139.
Quoting the Respondent State submissions on the Merit, they
observe that its own submissions disclose that: “All these unlawful acts
26
See page 2 of letter dated April 14, 2004, written by Filke Selassie Wogderes to Commissioner Dr.
Vera MlangazuwaChirwa.
27
See James c. Mckinley Jr.: Ethiopia Tries Former Rulers In 70's Deaths, The New York Times, April
23, 1996, available on
http://query.nytimes.com/gst/fullpage.html?res=9D05E6D81F39F930A15757C0A960958260 , last
accessed 02/04/08.
28
See Letter Ref. No. 3-1/581/99 dated 12 August 2007 from the Office of the SPO and addressed to
the Ministry of Foreign Affairs of the Deferal Democratic Republic of Ethiopia, especially paragraphs
1.1 to 1.10. It is attached to the Ethiopian Government‟s brief on the merits. The letter accuses the Derg
officials committing heinous crimes.
29