were committed in violation of the existing domestic laws of the
country and relevant international obligations of Ethiopia. These
heinous criminal acts were committed in extremely sophisticated and
covert circumstances. What makes the Dergue very unique is that it
continued its atrocious acts up to its overthrow in May 1991”29
140.
It says that the Respondent State‟s brief goes on to outline the
„grave human rights violations‟, „multitude of crimes committed
against humanity‟, „heinous criminal acts‟, „heinous crimes of genocide
and crimes against humanity‟ committed all over Ethiopia by the
Dergue regime.
141.
The Respondent State argues that faced with such „heinous‟ and
„grave‟ „crimes against humanity‟ and „genocide‟, the Respondent State
took it for granted that the Victims were guilty and even portrayed
them as „criminals‟ even before they were tried. They further argue that
the officials of Respondent State did not conceal their bias against the
victims and the Special Prosecutor and his officials saw their task as
prosecuting criminals thereby violating the principle on presumption
of innocence enshrined in Article 7 (1) (d) of the Charter. They aver that
the Dergue Trials looked more as revenge when “the ultimate
desideratum should be to engrave the rule of law into the social fabric
of Ethiopian society”.30
c. Excessive long preventive detention or pre-trial imprisonment is a violation
the the right to be presumed innocent as guaranteed in Article 7(1)(b) of the
African Charter
142.
The Complainants submit that the procedure adopted by the
Respondent State in bringing the accused persons to justice failed to
assign blame within a reasonable length of time. The Complainants
argue that the Victims were detained for three years before their trial
finally started in 1994. They state that the trial dragged on for more
than thirteen years before a final judgment was reached in 2007. It
avers that pre-trail detention of the Victims and their long continuous
detention even after they were charged essentially meant substituting
pre-trial detention for their punishment. They state that their long
preventive custody thus lost its purpose as an instrument to serve the
interests of sound administration of justice. They also argues that the
prolonged imprisonment without conviction of the Victims for a
period of about 16 years clearly violates their right to be presumed
innocent in that it was meant as a sanction prior to the delivery of the
judgment. The Complaint concludes that it is safe to say that the
29
30
See Respondent State Brief [on Merits] paragraph 7, as in n 70.
See Respondent State Response on Merits.
30