Cablegate: Ethiopia: Prosecution Steps Up Evidence in Cud

VZCZCXRO6253
PP RUEHROV
DE RUEHDS #1987/01 2011212
ZNR UUUUU ZZH
P 201212Z JUL 06
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC PRIORITY 1659
INFO RUCNIAD/IGAD COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHMFISS/CJTF HOA
RUEKDIA/DIA WASHINGTON DC
RHEHNSC/NSC WASHDC
RHMFIUU/HQ USCENTCOM MACDILL AFB FL

UNCLAS SECTION 01 OF 03 ADDIS ABABA 001987

SIPDIS

SIPDIS

DEPARTMENT FOR AF/E
LONDON, PARIS, ROME FOR AFRICA WATCHER

E.O. 12958: N/A
TAGS: PHUM KJUS KDEM PGOV ET
SUBJECT: ETHIOPIA: PROSECUTION STEPS UP EVIDENCE IN CUD
TRIAL

REF: ADDIS ABABA 1788

1. (SBU) SUMMARY: The prosecution has completed the
presentation of audiocassettes and most written evidence in
the case against detained opposition Coalition for Unity and
Democracy (CUD) leaders, independent journalists and civil
society representatives. In contrast to the previously
presented video evidence (reftel), audio evidence focused on
several quotes by defendants in radio interviews that were
notably more hardline in their tone and suggestion, including
assurances by Hailu Shawel that the Ethiopian military would
not follow orders to fire upon demonstrators. The
prosecution was unable to follow-up this strengthening of
evidence in its presentation of written documentation.
Though it included a CUD 'hit list' of top GoE officials, a
CUD plan to supply supporters with munitions, and the
intention to cooperate with the Eritrean government, these
documents were unsubstantiated in court. Following the
presentation of the written evidence, the trial will turn to
the witness stage, though it is unclear whether this will
occur before the trial breaks for summer recess. END SUMMARY.

2. (SBU) International observers continue to attend all
sessions. Michael Ellman, a British human rights attorney
contracted by the European Union, has attended the trial
since February, but will soon depart Ethiopia and be replaced
by another, yet unnamed, European observer. Upon his
departure, Ellman will issue an interim report on the
progress of the trial. The rotation of Lawyers Without
Borders (LWOB) representatives continues; the third set of
visiting legal observers departed Addis Ababa on July 14. In
a meeting with the Charge on July 12, LWOB representative
Edward Turner, who comes from the Hong Kong office of the law
firm Shearman & Sterling, feels that the audiocassettes
indicate the government has a judicial case. He inquired
whether LWOB's presence at the trial was helpful to Post;
Charge affirmed that it was. It appears that LWOB will
maintain a presence throughout the duration of the trial.

---------------------------------------------
DEFENDANTS MORE VOCAL ABOUT PRISON CONDITIONS
---------------------------------------------

3. (U) Defendants who attend the trial appear to be in good
health, but others continue to miss court appearances due to
illness. Notably, Maj. Getachew Mengiste has yet to return
following surgery in June. Pregnant journalist Serkalem
Fassil has also been out for an extended period following
delivery of her baby. Though she is reported to be in stable
condition, the local press has reported that her baby is not
receiving necessary specialized medical care, as both parents
are in prison.

4. (U) On July 11, mayor-elect Berhanu Nega, who had
previously been hospitalized (reftel), addressed the bench to
say he and 16 other defendants were being held with 250 other
prisoners in a cell made of corrugated metal, which leaks
from the frequent rains and had very little ventilation or
light. This was particularly a problem for him, he said, as
his discharging physician had recommended that he not be kept
in damp and dusty conditions due to his poor respiratory
condition. Despite these orders from the hospital and
requests to prison officials, he was not moved. He requested
that the court intervene, threatening that "when people start
getting sick, if will be the court's fault." Though the
court does not technically have jurisdiction over the prison
administration, the bench ordered that Berhanu be moved to a
more appropriate facility for his health condition, and
announced that at the next court session it would rule
further on the conditions under which the prisoners were
being kept. As of July 14, Berhanu had not been moved. The
court promised to rule on the matter in the next session.
(NOTE: The court ruled July 19 that Berhanu "be put in an
area that is not damp and dusty." END NOTE.) Amnesty
International subsequently issued a public appeal noting
Berhanu's "potentially life-threatening" health condition.

------------------------------------------
AUDIOCASSETTES REVEAL A FIERY HAILU SHAWEL
------------------------------------------

5. (U) On June 29 and July 3, the prosecution presented the
audiocassette phase of its case. Though the prosecution had

ADDIS ABAB 00001987 002 OF 003

initially submitted eleven cassettes as evidence, it
ultimately decided to present only one, stating that the
other 10 were redundant. However, as was the case in the
video stage, the prosecutor subsequently introduced an
additional audiocassette, which contained sound bites. These
came from a number of radio interviews, primarily with Hailu
Shawel, but also included Abayneh Berhanu and a number of
defendants being tried in absentia. Whereas the court had
disallowed the introduction of the additional video that
contained clips of the most damning evidence (reftel), it
allowed prosecutors to present this additional audiocassette.

6. (U) The only audiocassette that was presented from the
original eleven submitted featured an October 5, 2005,
interview of Hailu Shawel by co-defendant Tinsae Ethiopia
Radio interviewer Dawit Kebede. The prosecutor stated that
this cassette demonstrated that the CUD was "plotting to
dismantle the constitutional order and to provoke illegal
violence, and threatening to dissolve the government by
force." The content of this interview was largely similar to
what was presented in much of the video phase of the trial,
with Hailu stating that, "the vote of the people must be
respected," that "they (the people) did not need us (the
opposition) to tell them what to do," that "a coup d'etat is
illegal; we will win through peaceful struggle, not through
arms," and that "peaceful struggle is long but leads to
victory."

7. (SBU) In the additional cassette submitted by the
prosecution, the prosecutor did not outline what the cassette
proved, but the clips from the interviews that were played
contained statements by Hailu Shawel that were significantly
stronger than was heard in either the videocassettes or the
previous audiocassette. In these in interviews given to
local and international media, Hailu made repeated calls for
the establishment of a "provisional government," for removal
of "the oppressive regime," and suggested attempts to subvert
the military, saying "those elements who are carrying arms to
stand by our side," and that "the soldiers are the army of
the people," which do not "create a problem for the
opposition." He also stated that, "When the hard days come,
we believe the army will not stand by the side of few
dictators. It shall stand by our side." He followed this by
saying, "The army understands the situation even if it is
commanded by the few individuals to shoot straight at the
people. We believe they will not obey their orders." He
closed this interview by stating, "Above all there are armed
militias in the villages. We would like to advise them not
to support the dictatorial regime and endanger the lives of
the people. Because at the end they will not avoid the
judgment of history." The full interviews were not
presented, but the language used by Hailu could be
interpreted as calling for a long-term struggle to overthrow
the current government. The most concrete evidence
presented, however, was of Yared Tibedu, a defendant being
tried in absentia, who states that "(the CUD) have a mighty
force (with whom they) can stand together in solidarity...
the Eritrean people," that "we have not been able to change
this racist government in a peaceful way, and we have to sit
down and design alternative strategies," and that "we can
make (the GoE) understand that they can be toppled in the
same manner they came to ... power."

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WRITTEN EVIDENCE EXPLAINED, BY PROSECUTION
-------------------------------------------

8. (U) Following the close of the audiocassette phase of the
prosecution's case, the prosecutor presented documentary
evidence. At the start of the trial, the prosecutor
originally presented a package of 91 documents constituting
the written evidence against the defendants. Judges agreed
to the prosecution's request to present only a summary of the
documents (rather than the entire text of all the documents)
to the court, as well as to the prosecution's request to
submit new documentary evidence allegedly discovered since
the beginning of the trial. (NOTE: According to the judge,
prosecutors must submit written evidence to the court, but do
not necessarily have to present such evidence to defendants.
END NOTE.) Consistent with the ruling on the audiocassettes,
the bench allowed this new evidence to be presented.
Prosecutors have not yet presented this additional written
evidence, but are expected to do so July 19, before the

ADDIS ABAB 00001987 003 OF 003

prosecution moves to the witness stage of evidence.

9. (U) Most of the 91 originally submitted written documents
were press releases issued by the CUD party or interviews
with party leaders. There were also a number of articles and
editorials that were presented against journalists,
newspapers, and publishers. On the surface, the strongest
evidence appeared to be a "top secret list of TPLF/EPRDF
party members to be eliminated," which was reportedly found
in the home of Eng. Gizachew, as well as an "Agenda" that
stated that the CUD would "supply grenades (and other
munitions) to members and will cooperate with the Eritrean
government." The prosecutor presented this evidence by
reading aloud an explanation of each of the documents: what
they contained, what the prosecution claimed they proved, and
to which defendants they pertained. This was accompanied by
an overhead presentation of the "explanations," with handouts
for the defendants and international observers. Though
copies of the actual documents were presented to the judges
and defendants in January, they were not shown in court. As
the presentation was limited to prosecutors, explanations,
it is difficult to determine the quality of the evidence.
For example, in a press release, the CUD called on the public
to "stand by the constitution," which the prosecutor said
shows the CUD "calling on the public to take measures against
the government." In another press release the CUD states
that "as we proceed from one (government) system to another,
the oppression gets stronger," which the prosecutor explained
shows that the CUD "instigated the public not to peacefully
accept a transfer of power." In another example, when a
document stated that "the election failed to bring about a
democratic system," the prosecutor claimed it shows that the
CUD "wanted to overthrow the government with force." Most of
the explanations were similar. At one point the lead
prosecutor summarized several CUD press releases by saying,
"In nearly every speech they say they support peaceful
struggle, but essentially they are promoting violence."

--------------------------------------------- --
EVIDENCE IMPROVES, BUT STILL SHY OF SOLID PROOF
--------------------------------------------- --

10. (SBU) COMMENT: The evidence that the prosecution
presented in the audiocassette phase was significantly more
damaging than what had been seen or heard to that point in
the trial. Though the only defendant in Ethiopia to which it
applied is Hailu Shawel (and was not in and of itself
necessarily incriminating against him), it does indicate that
the government has a case against Hailu Shawel -- whether it
is sufficient to convict is an issue for the courts. The
written evidence was largely unconvincing, though a few
documents, if genuine, would by themselves present strong
evidence. As the trial approaches what will likely be a
summer recess (Post recently granted the lead judge a
non-immigrant visa to travel to the United States at the end
of July), it is unclear whether the prosecution will be
prepared to begin the witness phase of the trial. As the
break nears, the defendants have also become more vocal in
their complaints about prison conditions. Without
opportunities for frequent trips out of the prison for court
appearances (and regular attention by international
observers), the poor health conditions of some of the
defendants may be exacerbated. END COMMENT.
HUDDLESTON

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