states that it will only argue violations of Articles 1, 2, 7 (1) (b) (d) of
the African Charter.
124.
The Complainants further state that Paragraph four of its brief
on Admissibility stated that the victims were detained on account of
collective responsibility for policies or abuses by the Dergue regime
rather than on account of individual responsibility for particular
criminal offences. In addition paragraph 13 stated that the 106
detainees were collectively charged under one file, and have been
defending their case collectively and that the procedure of collective
trial has made it difficult to individualize guilt, or to prove/rebut
individual‟s innocence and guilt.
125.
The Complainants say that they wish to qualify the above
statement to the effect that although there was joinder, the charges, the
conviction and the sentences are individualized. They argue that the
trial of all those who have been alleged to have committed crimes
during the era of the former Government were not conducted in a
single case or in a single venue.21 Rather, there have been several trials
going on at different locations throughout the country both at the
Federal High Court divisions and the Supreme Courts of the regional
states of the Ethiopian Federation.
126.
They also state that from the former Dergue Officials accused
jointly, for example, one defendant was acquitted, while others were
convicted and sentenced to terms of imprisonment ranging from 23
years to life. They state that the Victims were able to present separate
arguments of their own, and so they are accordingly clarifing their
previous submissions. It nevertheless argues that the joinder of the
trials has immensely contributed to the undue delay in the trial of the
former Dergue Officials.
127.
The Complainants also informs the African Commission that
paragraph nine of its brief on Admissibility indicates that the
proceedings are yet to come to a conclusion fifteen years after the
detention of the Complainants and twelve years after the
commencement of the proceedings. They state that the statement was
true over a year ago, however, some developments have taken place
subsequently. They state that on 12 December 2006, the Ethiopian
Federal High Court convicted many of the victims, among others, on
charges of genocide and crimes against humanity. They also state that
on 11 January 2007 prison sentences ranging from 23 years to life
21
See also D Hailegebriel „Prosecution of genocide at international and national courts: A comparative
analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda‟ (a dissertation submitted in partial
fulfilment of the degree LLM in Human Rights and Democratisation in Africa – University of Pretoria
(2003)) 26.
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