197.
In its submission, the Respondent State informs the African
Commission that taking into consideration the volume of the cases
under review and the time it would require to adjudicate on it, the
Federal Supreme Court, as the highest organ in charge of the
administration of justice in the country, was obliged to allocate a
special Bench in the Criminal Divisions of the Federal High Court. It
says that this was done to facilitate the process of fair and speedy trial
in accordance with Article 19 (4) of the 1995 Constitution of the Federal
Democratic Republic of Ethiopia and the Criminal Procedure Code of
Ethiopia. It stated that the process of allocating dedicated benches was
pursued even within the criminal divisions of regional courts. In this
regard, perpetrators of genocide crimes were being tried in courts in
different parts of the country.
198.
The Respondent State argues that Government even provided
competent legal counsels to defendants at its own cost when they are
unable to do so themselves, all in an attempt to facilitate the trial
process as expeditiously as possible and respect the rights of the
defendants for fair and speedy trial.
199.
The Respondent State argues that after charges were filed, the
defendants were then informed of the particulars of charges brought
against them. It says that copies of the charges were given to them and
the charges read to them as prescribed by the relevant provisions of the
criminal procedure Code of Ethiopia. It says that the defendants in
exercise of their rights to challenge the charges brought against them in
accordance with Article 130 of the Criminal Procedure Code submitted
their respective preliminary objections to the charges, which amounted
to about 800 pages of preliminary objections.
200.
The Respondent State says that the Special Prosecutor was then
asked by the court to reply to the preliminary objections – and the
whole process of reviewing all the preliminary objections and replies
and the adjudication of the preliminary objections took the court about
one year, that is, from November 1995 to September 1996. The
Respondent state avers that after examining
the defendants
preliminary objections to the charges and replies of the Special
Prosecutor, the Court dismissed most of the objections during it‟s
hearing on 9 October 1994 and ordered amendments of some of the
charges.
201.
It stated that the Special Prosecutor then amended the charges
as per the court order and filed the amended charges to the court in
November 1994. It says that the charges were again read out to the
defendants by the court and they were asked to enter their plea. All of
them pleaded not guilty. It says that thereafter, the court ordered the
46