217.
The right to an impartial hearing within a reasonable time is
further reinforced by the Commission‟s Resolution on Fair trial, which
provides that persons arrested or detained or facing criminal charges
shall be brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial within
reasonable time or to be released.59 The African Commission is unable
to determine whether the delays in promptly concluding the trial in the
instant case was due partly to the fact that the Respondent State
dismantled almost all state institutions, including the court system, as
the Respondent State has not specifically addressed this allegation.
218.
Accordingly, the African Commission is left with no alternative
but to apply its long-standing practice that if the government provides
no evidence, as in the instant mattter, to contradict an allegation of
human rights violation made against it, it will take it as proven, or at
the least probable or plausible.
Ambitious Nature of the Transitional Justice Ethiopia Pursued
219.
The Complainants aver that justice was delayed and therefore
denied by the very ambitious nature of the model of transitional justice
the Respondent State pursued. The Complainant allege that the SPO
had stated in February 1994 that it had tens times more evidence than
needed to successfully prosecute several of the detained and many of
the exiles for serious criminal offences.
220.
Unfortunately, the Respondent State again chose not fully
respond to this particular allegation. It commented generally that
because of the multitude of crimes committed against humanity all
over the country and the complexity involved in bringing all those
responsible for these crimes to justice, the task would become, at the
very least, daunting. In a statement that seem to support the allegation
of the Complainant, the Respondent State said that during the trial
process, while the total number of prosecution witnesses presented in
the Mengistu HaileMariam case alone was 726, those of the defendants
were 303, making the totaal number of witnesses to be heard by the
court to be 1029. It further stated that the documentary evidences
presented by both parties became heavily insurmounable when they
presented their replies and counter-replies in adddition to the origainal
charges constitutingg the several counts.
221.
Again applying its long-standing practice, that in cases of
human rights violations, the burden of proof rests on the government,
and where the government provides no evidence, as in the instant
mattter, to contradict an allegation of human rights violation made
59
See paragraph 2 (b) of ACHPR /Res.4(XI)92: Resolution on the Right to Recourse and Fair Trial
(1992).
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