State neglects to protect the rights in the Charter, this can constitute a
violation of Article 1, even if the State or its agents are not the
immediate cause of the violation.
131. The Complainants further submit that by failing to respect the
Victims right to a fair and speedy trial guaranteed in Article 7 of the
African Charter, the Respondent State is similarly in violation of
Articles 1 and 2 of the Charter as a violation.
Alleged Violation of Article 7(1)(b) – right to have ones cause heard.
Article 7(1)(b) of the African Charter states:
(b) the right to be presumed innocent until proved guilty by a competent court
or tribunal;
132.
The Complainants argue that the Respondent State has violated
the rights of the former Dergue officials to be presumed innocent until
proved guilty by a competent court or tribunal. The Complainants state
that the presumption of innocence is universally recognized23 and
proclaimed by all major legal systems of the world.24 They stated that
the Respondent State violated the right to be presumed innocent
enshrined in Article 7 (1) (b) of the Charter in the following ways:
a. Proclamation No. 22/1992 which provides for the establishment of the
special prosecutors office violates the right to be presumed innocent as
guaranteed in Article 7(1)(b) of the African Charter. Proclamation No.
22/1992 provides, inter alia, as follows:
WHEREAS the people of Ethiopia have been deprived of their personal
human and political rights and subjected to gross oppression under the yoke
of the fascistic rules of the Dergue-WPE regime for the last seventeen years;
WHEREAS heinous and horrendous criminals which occupy a special chapter
in the history of the peoples of Ethiopia have been perpetrated against the
people of Ethiopia by officials, members and auxiliaries of the security and
armed forces of the Dergue-WPE regime;
WHEREAS officials and auxiliaries of the Dergue-WPE dictatorial regime
impoverished the economy of the Country by plundering illegally
confiscating and destroying the property of the people as well as
misappropriating public and state property;
WHEREAS it is the interest of a just historical obligation to record for
posterity the brutal offences the embezzlement of property perpetrated
23
Communication No. 218/98, Civil Liberties Organisation, Legal Defence Centre, Legal Defence and
Assistance Project/ Nigeria, as in n 26 above, paragraphs 40 -41.
24
See Antonio Cassese, as in n 24 above, page 390. See also UDHR, ACHR, ECHR and the Statutes of
the ICTY (Article 21 (3), the ICTR (Article 20 (3), and the ICC (Article 66).
27