Previous 46 / 64 Next

I I / r~ACHPR \~ '.it} African Commission on >~. / . ,I Human and Peoples' Rights .; Human Rights our Collective Responsibility evidence, arguments and facts presented before it. 1talso provides that judicial officers shall decide matters before them without any restrictions, improper influence, inducements, pressure, threats or interference, direct or indirect, from any quarter or / for any reason and the process for appointments to judicial bodies shall be transparent and accountable and the establishment of ~n independent body for this purpose is encouraged. Any method of judicial selecti!on shall safeguard the independence and impartiality of the [udiciary.w Similarly, th~ jurisprudenee df,th~\~OmmiSsion and the I . '; ". Human Rights Committee. have also recqgnized;:thq..i~,t~e right to have once cause I -, ',,,- ,':. heard by an independent an impartial court i~rc,tpf?q!ute 'and-without exceptiol],,~6 I";r;'~.:.::;:,::,<:<:',,.. "", .:< .... " : ' '~,' 152. The Second Complainant arguedil1~t the tr~~1~:~asnQ,t~~ne by a'eempetent \' ,': /~:::,' ",," ','~ and independent court because the ,g6ver ,:::,,~]Jt int~#,~red in the judicial process in /,~,:~;f., I '~({\.;:r!~t}: >~, £/,~,/ ' -- .' terms of the negative publicity ~g'at~~~~.~,r~JiiG~J~~~ws a real or perceived problem with the independence of the-court, S~d!Q~4ly,tha{tl;t~\RrOsecution failed to prove its case and the court shift~1,~~t·e burde~;;~~", . ,,·,;:;w~ -, e Sec~n~,F96~plainant .:;~ to prove her /.;.;' innocence which amounts to a ~t"qlAdi~~egard"<§i::ekmen:tary criminal procedure and .. ';, , ".:::: ~~>;;:.~. ' <~~:~-:-';:.'-'--" thereby exposes-the incompetenc~':t~~>t~e court !j1")~ddition to other fair trial rights violations. Thir~lY, that the fair trial i~~~'~$:!}M~'J1e not addressed by the appellate court. .: 153. . \ffJ:~j,l <\ In the absence of any coti,nter<t~vidence and/or submissions from the "( Resp~~dent State, the Commission would like to examine whether the trial court was comp~terit:a118 independent ..The competence of a court or tribunal is the authority or \ ~\ "-.<_ <:':~r:;:'_;.:·.~~'~;>... . .,''' ..... ,..".' . power \~\ the<,~~~t ..cgf.__trih.unalto exert jurisdiction over a person or thing or to \}~ <..".< '~:' :- :":.:;~:r,;:",'·:jF .r{ij;_~Y determineicases or suits>The Commission notes that this matter was brought before J; ,.7 the Federah~igh Cou;t of Ethiopia which has jurisdiction over such matters.s" The '1', ~.Ji'./ Second Comp~a~hant did not also raise any objection to the Court's jurisdiction. In the .'~;':!'" absence of such objection, the Commission shall take notice of the fact that the court is competent to adjudicate such matters as provided in the~Jl!.~r.~Courts \'IU';~"~up~ ~ ~"(~RIAT Proclamation. . 0.0 : ,.,9 ~l(,v~ I .0 <'«'II'. "p . !j "'.".-.... ~..,. /~ ~ o~. Il;.; ~ Y! ~' . principles applicable to all proceeding, 4(g)(h) and 5. : ~ . .,\~,~ J C/l 66 See UN HRC General Comment No. 32, para 19, ACHPR Communication 322/06, Tsatsu i~jka!~\\., Ghan~,p~Ja 'J;~6~ 67 See Article 12 of the Federal Courts Proclamation No. 25/1996 .:\\:iI-,.... '~l«S,_~~~'v<;) g 65 Para A- General , ... 45 I P age ~"",e" AUfri<;an[~~ n,on,,_,y - , .. . .. " . -.. s: . . Commisslorbon Slofll ,~t:Il\Ct' ~ The African tfM.,lTifo.t.aMnf.. a_t:nTd,.~PE!OPest '-..~~ights 31 Bijilo Annex Layout, KOiiibO"KJorth District, West Coast Region Gambia Phone: (220) 2304361 Fax: (220) 441 0504 Email: au-banju/@africa-union.org /lUps:/achpr.au.inVO 0 a .\

Select target paragraph3

● ● ●

Communication 461/13 - Eskinder Nega Fenta and Reyoot Alemu (Represented by Media Legal Defence Initiative and Freedom Now) v. Ethiopia

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Detention Facilities/Conditions
Freedom of Expression / Digital Rights
Right to Fair Trial
Right to Health
Women in prison

Case Head Notes: The First Complainant was arrested on suspicion of terrorism, five days after publishing an online column that criticized the Respondent State's 2009 Proclamation on Anti-Terrorism. The Second Complainant, despite having their sentence reduced from 14 years to five years, had the charge of participation in a terrorist organization upheld against her by the Cassation Division of the Federal Supreme Court. She also states that she was forced to return to prison, after undergoing an operation to remove tumours, during which time she experienced significant pain and discomfort. The Complainants assert that the 2009 Anti-Terrorism Proclamation, and its subsequent implementation have resulted in a significant number of prosecutions of dissenting voices in the Respondent State and that this constitutes a serious or massive violation of human rights, both dejure and defacto. The Commission found a violation of Article 7 because the Second Complainant was not promptly informed of the reason for her arrest, she was not promptly brought before a court of law, she was denied access to a lawyer from the time of her arrest to her preliminary hearing and, when she had access to lawyers, she was not permitted to hold private meetings with them. The Commission further found that Article 7 was violated because negative publicity regarding her guilt, prior to the conclusion of her trial, compromised her right to be presumed innocent, and because, for a number of the charges, she was required to prove her innocence rather than the Court being required to prove her guilt beyond a resaonsable doubt. Additionally, the Commission stated that the negative pre-trial campaign, and a statement by the Prime Minister to Parliament either did, or could have, influenced the proceedings to the detriment of the Second Complainant, and violated her right to an indepedent and impartial proceeding. The Commission found a violation of Article 9 stating that it is the responsibility of the Respondent State, and its officials and agents, to ensure that freedom of expression is respected and protected. As government officials, directly and indirectly, sent the Second Complainant death threats, contributed to the closure of her magazine, and intimidated her to stop writing articles, the Second Complainant's right to freedom of expression was violated by the Respondent State. Additionally, the Commission noted that the broad language of the Anti-Terrorism Proclamation is suceptible to arbitrary application, and affirmed that, in the present case, it did not provide a legitimate basis for restricting the Second Complainant's freedom of expression. The Commission found a violation of Article 16 as, on account of poor sanitary conditions, it did not provide the Second Complainant with conditions of detention consistent with human dignity and the highest attainable standard of health. Further, the Respondent State failed to take measures to ensure adequate and timely medical treatment, including, access to essential drugs, trained medical personnel, preventitive measures against diseases, and recognition of her specific health needs as a woman. The Commission also cited the Respondent State's non-response to the Provisional Measures that were issued to prevent irreparable harm to the Second Complainant. The Commission requested the Respondent State to pay suitable compensation to the Second Complainant (including loss of earnings and compensation for extended pain and suffering), to declare that the 2009 Anti-Terrorism Proclamation is not line with the Respondent State's obligations under international law and to amend it accordingly, and to inform the Commission of the measures being taken to implement the decision.

Country

Ethiopia

Outcome: Decided on Merits

Year Decided: Aug 2, 2022

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 16: Right to Health

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 16: Right to Health

Duration of Procedure

Nov 12, 2013 ~ Aug 2, 2022

Country Geolocation

Latitude: 9.145000000000001

Longitude: 40.489673

Country Geolocation (linked ACHPR Decision): Ethiopia

Primary Documents

Eskinder Nega Fenta & Reyoot Alemu (Represented by Media Legal Defence Initiative and Freedom Now) v Ethiopia.pdf
English
ML TOC
Download View

African Human Rights CLA 2.0

Select target paragraph3

Communication 461/13 - Eskinder Nega Fenta and Reyoot Alemu (Represented by Media Legal Defence Initiative and Freedom Now) v. Ethiopia

Primary Documents

Notifications