d. joinder of cases and accused persons
e. the charges were not clear and specific which hampered their
speedy trial
f. other causes of delays in the dergue trials
Dismantling of the Ethiopian Court system by the Government
146.
The Complainants state that immediately upon seizing power,
the new Respondent State dismantled almost all state institutions,
including the court system, by summarily dismissing close to 300
judges on the alleged ground that the judiciary had been an ally to the
Dergue regime. Consequently they aver, the Respondent State could
not afford a speedy trial to the Dergue officials due to shortage of
judges. It argues that there were many instances where cases were
adjourned for lack of quorum of judges.
147.
The Complainants aver that at the beginning, the Special First
Bench of the Federal High Court, composed of three Judges, was
exclusively dealing with the trial of the Dergue officials. However,
from the year 2001 there to the end of the trial date, it has been
additionally charged with the equally complicated and numerous anticorruption cases, thereby reducing significantly the amount of time the
Bench could devote to the Dergue officials‟ trials. This additional
assignment, it argues, was given to the Bench when the judicial
authorities were fully aware of the fact that the Bench was exclusively
constituted for the trial of the Dergue officials and that their trials have
not been concluded ages after they were charged.
Ambitious Nature of the Transitional Justice Ethiopia Pursued
148.
The Complainants aver that another cause is the ambitious
nature of the model of transitional justice Ethiopia pursued. The SPO
was established with two mandates: (1) to establish for public
knowledge and for posterity a historical record of the abuses of the
Mengistu regime and (2) to bring those criminally responsible for
human rights violations and/or corruption to justice.32They say from
these two it was very clear that the SPO gave more attention and
priority to its first mandate.33
32
See Preamble to Proclamation No.22/1992.
In this regard Y. Haile-Mariam observed: „The recording function, while very important, cannot take
precedence over the right to a speedy trial. It seems the Ethiopian court has two functions that may be
contradictory--trying the accused and acting as a Truth Commission.‟
33
32