Those that have presented their defence and are awaiting
judgment at the Federal High Court;
Those that are in the process of presenting their defence.; and
Those that have appealed to the Supreme Court after having
been sentenced by the Federal High Court.
16. The Complainants submit that the detainees have been frustrated by
the long adjournments, shortages and frequent change of judges and
absenteeism. This has been exacerbated by the movement of judges on
circuit basis to different regions of the capital.
17. The Complainants informed the African Commission on Human and
Peoples‟ Rights (the African Commission or the Commission), that out
of the 109 Dergue officials, only 76 survived to be charged including
those in the Diaspora; only 46 appeared in court; while 9 have died
during the proceedings in prison; and that to date, only 37 have
remained to defend their case collectively. However, the African
Commission was later informed by the IHRDA that not less than ten
(10) of the detainees have died in detention before they were able to
know their conviction or acquittal, and that some of the deaths
occurred after the submission of the present Communication; with the
last one in March/April 2006.
18. The Complainants claim that the Government is using this case as a
means of precluding certain groups or a sector of a population from
participating in political activities. They submit that while the
Government is using the judiciary to create an image and sense of
justice to the international community and advocates of human rights,
the truth is that the charges, convictions and sentences are all
politically motivated, the end result of which is a “Victor‟s Justice”.
19. The Complainants submitted that the delay and procedural
irregularities in the case have been unprecedented in judicial history
and reminded the African Commission that “Justice threatened
anywhere is justice threatened everywhere”.
Articles alleged to have been violated
20. The Complainants allege violation of Articles 1, 2, 3, 5, 6, 7 (1) (a), (b),
(c), (d), 7(2), 25 and 26 of the African Charter by the Respondent State.
Prayers
21. The Complainants request the African Commission to:
Declare specifically that the Proclamation setting up the Special
Prosecutor Office and the conduct of officials of the Federal
Government of Ethiopia during the trial of the Dergue Officials
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