constitute a violation of the right to be presumed innocent
guaranteed in Article 7 (1) (b) of the Charter;
Declare specifically that by failing to try the victims within a
reasonable time after their detention and subjecting them to a
trial that lasted for more than 12 years, Ethiopia has violated
their right to a speedy trial guaranteed in Article 7 (1) (d) of the
Charter;
Declare that by failing to recognize the victims‟ right to a fair
trial as enshrined in the African Charter, the Federal
Government of Ethiopia has violated Articles 1 and 2 of the
Charter;
Award compensation to those who remained in detention
pending the completion of their trial and were eventually found
innocent, and recommend that the period of detention be
counted into the time of imprisonment of the victims;
Strongly recommend the Ethiopian Courts not to pass death
sentences against any of the victims of the trials considering the
fact that several rights of the victims have been violated in the
process of the trials;
Strongly recommend that the Ethiopian Courts, which may be
approached by way of appeal, to commute the capital sentences
passed against the victims to terms of imprisonment. In the
alternative or as complementary, should recommend to the
authorities (the Head of State and the Prime Minister) in
accordance to the powers conferred upon them by Ethiopian
laws to reduce capital punishments to imprisonment terms;
Strongly recommend the Federal Government of Ethiopia that
legislative and other measures should be taken to ensure that all
citizens of Ethiopia enjoy the right to a fair trial guaranteed in
the African Charter.
Procedure
22. The Complaint was received at the Secretariat on 16 November 2004.
23. On 14 January 2005, the Secretariat wrote to the Complainants through
the office of the Commissioner for Political Affairs asking them
whether the complaint should be considered as a Communication
before the Commission.
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