counts together. They state that more than seventy accused persons
were charged with numerous counts. They argue that one could find
one accused charged with only one count while another accused in the
same file charged with many counts.
152.
The Complainants also state that the Dergue trials were also
delayed because of the problem of joinder of cases, especially when it
came to the hearing of witnesses. They state that where an accused
person who was jointly charged with others was absent for various
reasons, the other co-accused persons would have no option but to
wait for his return because that accused person had the right to be tried
in his presence and to cross-examine witnesses called in his case. They
also state that where an accused who was jointly charged with the
other accused persons was tried in abstentia, the other accused persons
were also obliged to wait until all the evidence was concluded,
including the evidence adduced against the accused person (s) tried in
abstentia. They argue that these situations led to periodic
adjournments of the case and thereby caused delays for the rest of the
accused persons. The Complainants argue that the Dergue trials were,
therefore, unduly delayed mainly because of the numerous
adjournments occasioned by the joinder of the accused persons and the
cases against them. They state that a large number of charges were
unnecessary to secure a conviction because it created unnecessary
delay in processing those defendants as well as those waiting for trial.
The charges were not Clear and Specific which Hampered their Speedy
Trial
153.
The Complainants state that the charges filed against the Dergue
officials were not clear and specific and this hampered their speedy
trial. In many respects, the indictments were not as clear and succinct
as they needed to be for the accused to understand them. They state
that this is a defect that goes to the form of the indictment and a
violation of Articles 111 and 112 of the Ethiopian Criminal Procedure
Code.36 It says that the SPO, for example, filed charges of genocide,
crimes against humanity and other crimes against the former highlevel Dergue Officials.
154.
The Complainants say that the accused were held for the
murder of 1,823 persons, causing grave bodily injury to ninety-nine
persons and the disappearance of 194 individuals. The Complainants
say that the original Ethiopian indictments written in Amharic were
more than two hundred pages long and alleged 211 criminal counts.
They state that according to the indictment, persons who allegedly
36
These articles of the Ethiopian Criminal Procedure Code (Articles 111 and 112) spell out the content
and form of the charges and descriptions of the circumstances under which the crimes have been
committed "so as to enable the accused to know exactly what charge he has to answer."
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