Respondent State pursued an "Ahbashization project", the Complainants must show
direct evidence showing linkage between the alleged government policy and the
violation of freedom of religion of the individuals represented, This case did not arise
because the defendant's refusal to espouse a particular doctrine, especially
Ahbashization, but as a result of their Jihad. Adherents of Islam who subscribe to
ideologies similar to those of the Defendants have never been charged of any crime
because they did not call for violence or Jihad against the Government.
210. The Respondent States, in the main, requests the Commission to dismiss the
Complainants' allegation concerning the violation of Article of 9 of the African Charter
by Article 6 of the Anti-Terrorism Proclamation No. 652/2009 because the defendants
were not tried and convicted under Article 6, Articles 4, and Article 7(1) of the AntiTerrorism Proclamation No. 652/2009.
Complainants' allegation of violations of Articles 5, 6,7,16 of the African Charter
211. Concerning the allegation by the Complainants that "the circumstances under which
Ethiopia arrested and detained the [defendants] violated their right to inhumane treatment and
thus violate Articles 5 and 6 of the Charter," the Respondent State submitted that given that
the arrests took place pursuant to either properly executed search warrants or in
accordance to warrantless search requirements under Ethiopian law, and not mere
suspicion nor for "vague reasons" the Complainants' allegation in this regards must be
dismissed.
212. Concerning the allegation of the arbitrariness of the arrest of Mr. Abubaker and others,
the Respondent State submitted that the same was made in compliance with domestic
law, specifically, Article 19 of the Anti-Terrorism Proclamation No. 652/2009.
According to the Respondent State Mr. Abubaker and his co-defendants were arrested
not because of their adherence to any faith but their action otherwise all members of the
Negotiation Committee would have been arrested. Additionally, according to the
Respondent State of the 17 members of the Committee who were arrested, the court
found nine to not have violated the law and acquitted them despite the fact that they
shared the same faith as the other Defendants.
213. The Respondent State submitted that, contrary to the assertions of the Complainants,
the Complainants were immediately informed of their arrest and produced before a
court of law within 48 hours in accordance with the Anti-Terrorism Proclamation No.
652/2009 and the Ethiopian Criminal Procedure. The Respondent State further
submitted that not only was there constant judicial oversight in the case, but also that
the seriousness of the allegations was considered at length by the High Court especially
after the Complainants' claim that their confessions were coerced.
214. The Respondent State further submitted that none of the Complainants was charged
under Article 6 of the Anti-Terrorism Proclamation No. 652/2009. The Respondent State
submitted that the Federal Police Commission and Regional Police Commissions
spends millions of Ethiopian Birr each year to train their officers to ensure that no
Ethiopian is tortured. The Respondent State further submitted that neither the law&-~
criminal justice policy nor courts implementing them condone torture or anYmernP,~1~,
of the police violating the human rights protections guaranteed by the Fe ~~l"and State "-Vt\.
Constitutions.
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