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The human rights situation in conflict-affected areas of Ethiopia

This quarterly human rights report provides an overview of the most serious human rights violations and ongoing issues of concern, with a particular focus on conflict-affected areas, and provides recommendations for improving the human rights situation.

This quarterly report covers the period from mid-September 2017 to mid-December 2017, according to the Ethiopian fiscal year. However, some incidents have been included in this report because they occurred in previous months and are of a continuing nature, or because monitoring and investigation of human rights violations have recently been completed. While a wide range of human rights violations, threats and concerns persist in Ethiopia, this quarterly report on the human rights situation provides an overview of the events that have highlighted the most serious human rights violations and ongoing concerns, with a particular focus on areas affected by conflict, and provides recommendations for improving the human rights situation. 

The report does not cover all human rights violations committed in conflict-affected areas during the quarter . Rather, it highlights only those cases where effective monitoring and investigation were conducted, highlighting the seriousness of the human rights situation and the urgent corrective measures that need to be taken.  

The human rights violations and concerns that the Human Rights Commission of Somalia (HRCS) previously identified in its quarterly report in September 2017 continued during this reporting period. Among the human rights violations and concerns that persisted, particularly in conflict-affected areas, are extrajudicial killings, civilian deaths and injuries, destruction and looting of property, arbitrary, mass and prolonged detentions and summary executions, enforced disappearances, detentions, unlawful restrictions on movement and transport, internal displacement, and the erosion of judicial independence.

Extrajudicial killings, civilian deaths, injuries, property destruction, and looting  

Extrajudicial killing, as the term implies, is the intentional killing of a person outside the process and decision of a court, and violates the most fundamental of all rights, the right to life. The rights to life, physical integrity, and property are protected by international, regional, and national human rights law, both in times of peace and armed conflict. International humanitarian law also applies in times of armed conflict. International humanitarian law prohibits attacks on civilians and civilian objects. Parties to an armed conflict have the obligation to refrain from targeting civilians and civilian objects, to take appropriate precautions to prevent them from being harmed, to distinguish protected persons and objects from military objectives and combatants (the principle of distinction), and to respect the principle of proportionality in the use of force.  

In Amhara Region: From September 6 to 7, 2017, in Gondar city, Kebele 18, Addis Alem, Genfo Kuch, Koshe Sefer, Fasil Campus, Amanuel, Loza Mariam, Atek and Azazo areas of the city, at least 10 civilians, including children and women, were killed and property and property was damaged due to indiscriminate attacks by government security forces and an armed group operating in the area (commonly known as “Fano”), as well as the exchange of fire between both sides, according to local residents and eyewitnesses. According to information obtained from one hospital alone, a total of 32 civilians, including 6 women and 6 children, received minor and serious injuries and received medical care as a result of the conflict, and 1 of them died in the hospital. 

From September 6 to 7, 2017, in Dabat town, North Gondar zone, at least 4 people, including children and women, were killed and 5 people, including 3 children, were injured due to indiscriminate fire from government security forces during an exchange of fire between government security forces and members of an armed group (commonly known as “Fano”) operating in the area. In addition, at least 6 houses were damaged. 

On September 8, 2017, at around 10:00 AM, government security forces were traveling from Alem Ber to Wereta in Fogera Woreda, South Gondar Zone, when they exchanged fire with members of a local militant group (commonly known as “Fano”) in a place called Wej. Eyewitnesses and victims’ families reported that government security forces killed a total of 10 civilians they had met on the road and taken them out of their homes. Among those killed was a teacher named Amare Bayle. It is known that government security forces found him at the door of his house while passing by the area and took him away saying, “We need you” and killed him. The deceased’s family explained the incident, “After they took him away, we kept calling him on his mobile phone until at 5:00 PM, someone picked him up. “We were looking for Amare,” they said, “We left him in the forest, look for him there,” and hung up. “We stayed up late and when we went looking for him in the morning, we found him dumped with another body.” Another person found dead that day was Ato Mangaw Ababoo, a young Bajaj driver. Eyewitnesses said that government security forces killed him and burned his Bajaj because he “provided transportation services to Fano.” 

On September 8, 2017, members of the armed group (commonly known as “Fano”) operating in the East Gojjam Zone, Sanan Woreda, at around 2:30 pm, kidnapped and killed two secondary school teachers, Ato Geta Ato Anmaw and Ato Atnkut Hunyaw, from their homes and beat up four other teachers. The killing and beating of the teachers was related to their activities to start school in 2017, sources added. 

From mid-September to mid-October 2017, government security forces went door-to-door in Bibugn Woreda, East Gojjam Zone, and Winiwuha Kebele, arresting 11 civilians who said “You support Fano” and “You are Fano’s family,” and taking them to a defense camp in Winiwuha Kebele, according to local residents and victims’ families interviewed by ISEMKO. Among them, Ato Yirsaw Anteneh, Ato Addis Mola, and Ato Awke Aweke were killed on September 17, 2017, at around 11:00 a.m., while the others were found dead between late September and mid-October 2017, according to sources. The burial ceremonies were also prevented, according to sources.  

On September 22, 2017, at 10:00 AM, following an exchange of fire between government security forces and an armed group (commonly known as “Fano”) operating in the area, in the village of “Dog Tooth” in Libo Mekem Woreda, Agde Kebele, South Gondar Zone; government security forces entered the area and went door to door, saying, “You are a Fano family” and “You support Fano,” and killed 8 civilians. Among them were 3 women, including a nine-month pregnant woman, and 1 child. In addition, sources said that 2 civilians were injured and 6 other civilians were taken hostage, and the whereabouts of the people were unknown at the time of filing this report.  

On September 23, 2017, at around 4:00 AM, an unexploded ordnance fired by government security forces in the South Gondar Zone, Guna, Gemdir Woreda, Khumr Kamal town, landed in the courtyard of a house belonging to a person named Ato Gedefaw Aleme, killing two members of his family (Mrs. Fikrealem Alebel and child Yordanos Gedefaw) and seriously injuring two other children. ISEMCO was able to confirm that a day before the attack, there had been fighting between members of an armed group (commonly known as “Fano”) operating in the area and government security forces, but it was understood that there was no fighting or conflict on that day (September 23, 2017). 

From September 25 to 26, 2017, in East Gojjam Zone, Debay Tilatgen Woreda, Quy town and surrounding kebeles, clashes between government security forces and armed groups operating in the area (commonly known as “Fano”) resulted in civilian casualties and damage to property. In particular, on September 26, 2017, at approximately 4:00 AM, a 3-year-old girl named Ngerew was shot by a stray bullet and was taken to Quy Health Center for medical attention, but her family confirmed that she died due to the road being blocked and lack of timely medical care. September 27, 2017 Local residents interviewed by ISEMKO explained that three civilians who were burying those who died in the fighting were killed by government security forces, asking them, “Why are you burying them?” One of them was deaf and disabled.  

On September 26, 2017, members of an armed group (commonly known as “Fano”) operating in the Qara Woreda district of West Gondar Zone entered the Yikaho and Gelegu (Asol) kebeles and killed 8 civilians, accusing them of “supporting the government of prosperity” and “fighting Fano with the defense.” ISEMKO also learned that they detained about 60 people at the Gelegu police station for days and looted a large number of cattle and sheep. Many residents were displaced from their areas due to the attack, but they returned to their villages after a few days. 

On September 27, 2017, at around 7:00 PM, a 70-year-old man named Moges Defersha was killed and two women were injured in repeated airstrikes by government forces in Dagi Kebele, North Gojam Zone, North Mecha Woreda. Residents interviewed by ISEMCO also reported that the Dagi Health Center was damaged and four houses were destroyed. They added that there was no fighting at or near the sites of the airstrikes that day, and that government security forces and members of the armed group (commonly known as “Fano”) operating in the area were not present. 

On September 29, 2017, in Dega Damot Woreda, West Gojam Zone, following an exchange of fire between government security forces and militants (commonly known as “Fano”), militants operating in the area (commonly known as “Fano”) entered the district headquarters, Feres Bet, and arrested at least 80 people, including several district leaders, business leaders, and “government sources of information.” Local residents reported that they also burned down three houses, including the district administrator. Of the people arrested since September 29, 2017, 38 were killed on November 27, 2017. Local residents and elders interviewed by ISEMCO reported that gunmen (commonly known as “Fano”) killed people at the Feres Bet Michael Primary School in the area between approximately 1:00 and 2:00 a.m. All of the dead were civilians (district officials and residents), of whom 22 were identified by ISEMCO by name. 

On October 1, 2017, following a clash between government security forces and militants (commonly known as “Fano”) operating in the North Gojam Zone, South Mecha Woreda, Gerchech (central Genet) town, local residents reported that government security members took two people, Ato Gebre Muliye and Ato Mehariw Mekuria, out of their homes and killed them, saying, “You entered your home while fighting with Fano.” 

On October 5, 2017, at around 6:20 PM, a drone strike in Feres Bet town, Dega Damot Woreda, West Gojam Zone, killed a 4-year-old child named Aman Enyewu, and caused minor damage to the building housing the Commercial Bank of Ethiopia Feres Bet branch. Local residents said that Feres Bet was under the control of militants at the time of the drone attack and that no other people were injured in the attack. 

On November 4, 2017, at approximately 3:20 PM, an airstrike (drone) on a camp used by a road construction company in the area of ​​“Tosgn Afaf” in Menz Mama Bash Sub-Worde, North Shewa Zone, killed 2 children and 1 woman, and injured 5 others, according to local residents and eyewitnesses. The victims were living in the camp after being displaced from a village called “Worana Cheta” in Bash Kebele due to a landslide 5 years ago. They added that the area was under the control of militants (commonly known as “Fano”) at the time of the drone attack, and that the militants would come to the camp to collect drinking water, wash themselves, and cook before the attack.  

On November 4, 2017, ISEMCO gathered information that government security forces in the North Wollo Zone fired indiscriminately at military targets from Woldia town to Qalim town, causing damage to human life and limb, as well as damage to homes and livestock. Residents reported that Qalim town was under the control of militants (commonly known as “Fano”) at the time, but there was no exchange of fire in the area at the time of the firing.  

On November 10, 2017, Ato Tegbaru Shife Abebe, a resident of Debre Markos town, was shot dead by government security forces at the Asendabo checkpoint in Quy town while returning from Debay Tilatgen woreda to visit his sister’s husband Tezkar (a member of “Fano”). The victims’ families explained that the perpetrators were found with a photograph of the deceased when they were searched and asked, “Why did you find him with the photograph?” and that they did not allow his body to be removed until noon on November 11, 2017. 

On November 11, 2017, in the Central Gondar Zone, Gondar Zuru Woreda, Lemba Arbaitu Kebele, Arba Tensay Got, following a series of attacks on government security forces by militants (commonly known as “Fano”), the government security forces went door to door to collect legal weapons from farmers and killed three people, Ato Nega Yale (75 years old), Ato Agumase Adugna (45 years old), and Ato Taet Takele (34 years old), in a crowd, according to the victims’ families and eyewitnesses. 

On November 24, 2017, an 83-year-old woman named Emmahoy Desta Kakraw was killed in a drone/air strike in Blabala town, Lasta Woreda, North Wollo Zone, at night. Two Blabala Health Center workers who were renting the same premises were injured and are receiving treatment. It was learned that drone sounds were heard in the area before and after the attack. 

On November 28, 2017, following an exchange of fire between government security forces and an armed group (commonly known as “Fano”) operating in the East Gojjam Zone, Enarj Enawga Woreda, on November 29, 2017, a 5-year-old child named Banchgze Addis was killed and a 6-year-old child named Ebaabsewe Gete was lightly injured among children playing in the Garge neighborhood of Kogna Kebele, following an exchange of fire between government security forces and an armed group (commonly known as “Fano”) operating in the area, according to local residents. On the same day, a 42-year-old woman named Ms. Mone Moene died in an undeclared attack in another village in the same kebele, and it was learned that a young man was seriously injured and is undergoing medical treatment.  

On November 30, 2017, at approximately 5:00 p.m., a drone attack on Fagta Primary School in Fagta Lekoma Woreda, Awi Nationality Administrative Zone, killed 12 government security personnel and 2 women (Mrs. Fentanesh Melaku and Ms. Miyenutsh Andualem) who were serving food to the security personnel, a total of 14 people. In addition, 9 government security personnel who were under the control of the militants, 1 child (the 2-year-old daughter of the deceased Ms. Miyenutsh Andualem, mentioned above), and 1 woman who sells tea and coffee in the school, a total of 11 people, were injured in the attack, eyewitnesses said. 

On December 3, 2017, five members of a family were killed by government security forces in a special area called Arken, Andabet Woreda, Genete-Mariam Kebele, South Gondar Zone, while they were sleeping in a field to protect their teff crop, the victims’ families told ISEMCO. They added that the militants (commonly known as “Fano”) operating in the area had fled the area earlier when government security forces entered and found the farmers lying in the field, who had no involvement in the conflict.   

On December 11, 2017, two female employees of the Debre Elias Woreda Road Transport Office, who were traveling from Debre Markos town to Debre Elias Woreda in a truck, were abducted by members of a local armed group (commonly known as “Fano”) and killed the next day, December 12, 2017, according to the families of the deceased. The employees were returning to their jobs after government security forces entered Debre Elias Woreda, following a call from all government employees in the district who had been away for months when the district was under the control of a local armed group (commonly known as “Fano”). According to information gathered by ISEMCO, when the announcement was made for government employees to return to work, members of the militant group (commonly known as “Fano”) warned and threatened employees not to return. 

Conflicts occasionally occur between the Majang Nationality Zone of Gambella Region and neighboring kebeles of Sheka Zone of Southwestern Ethiopia Region due to boundary disputes. On November 7, 2017, from 9:00 PM until dawn, 5 people were injured in a clash in the Majang Nationality Zone, Mengeshi Woreda, Yeri Kebele, Gifor Sub-Kebele of Gambella Region. Some residents also had their household goods and agricultural equipment stolen.  

Two people, Ato Egezu and Ato Tsega Tekle, residents of Lalo Geleta Kebele, Saja Bele Woreda, Kelem Welega Zone, Oromia Regional State, were arrested by government security forces on the grounds that they had “relations with the Oromo Liberation Front (commonly known as “OLF Shene”) and were receiving supplies and information. On the same day, September 25, 2017, they were shot dead and their bodies were found dumped on the road. 

On September 28, 2017, in the southwestern Shewa Zone, in the Iteya Woreda, Iteya Gemba Jete, Ilala and Tiro Ilala kebeles, Oromo Liberation Front (commonly known as “ONF Shene”) militants killed 5 civilians, Ato Alehegn Abate, Ato Metchew Arke, Ato Beliko Kebede, Ato Temesgen Tefera and Ato Asfa Rkewe, for “supporting the government security forces in the area.”  

On September 29, 2017, in the southwestern Shewa Zone, Ameyah Iteya Gemba Jete Kebele, government security forces killed Ato Musa Nuru, Ato Ibrahim Mohammed, Ato Ibrahim Umer, and Ato Gulma (along with 5 of their families), a total of 9 people, for allegedly “supporting” the Oromo Liberation Front (commonly known as “OLF Shene”).  

On October 9, 2017, a man named Mohammed Haji Jamal, a resident of Kobre Kebele, Begi Woreda, West Welega Zone, was shot dead on the same day and his body was found dumped on the road after being arrested by government security forces for allegedly “supporting” the Oromo Liberation Front (commonly known as “OLF Shene”).  

On October 12, 2017, at 3:00 AM, a resident of Wondi Doch Kebele, Kondala Woreda, West Wollega Zone, Ato Minale Kasim was shot dead by government security forces after being arrested for allegedly supporting the Oromo Liberation Front (commonly known as “OLF Shene”) and his body was found dumped on the road. 

On October 21, 2017, in the early hours of the morning, members of the Oromo Liberation Front (commonly known as “OLF Shene”) attacked residents of the East Shewa Zone, Dugda Woreda, Birbisa, and Gale kebeles, claiming that they had “collaborated with government agencies.” They killed 17 men and 21 women, including children, women, and the elderly, and injured an unknown number of civilians. They also burned down 78 homes.   

On the evening of October 29, 2017, in the Meja kebele of Dugda Woreda, East Shewa Zone, members of the Oromo Liberation Front (commonly known as “OLF Shene”) attacked Gurage ethnic people living in the kebele by burning their houses and shooting them, killing a total of 12 people. 

On October 29, 2017, at around 2:00 PM, three people were killed and four others, including a 12-year-old child, were injured in an attack by unidentified armed groups suspected by victims and their families to be members of the Oromo Liberation Front (OLF) in Kebele 02, Meki City, East Shewa Zone.

On the night of November 19, 2017, Oromo Liberation Front (OLF) militants in the Arsi Zone, Shirka Woreda, Solesa Rekta and Mekna Kebeles of the Oromo People’s Liberation Front (OLF) killed 13 people by shooting them out of their homes.

Arbitrary, mass and prolonged detention and summary executions 

Arbitrary detention is a detention that is not lawful, unreasonable, or in breach of due process. While international human rights and humanitarian law provide that persons may be detained in armed conflict in a manner that is different from that in peacetime, it must be carried out in a manner that respects the human rights principles of legality, necessity, proportionality, and non-discrimination. Detainees have the right to be brought before a court within 48 hours and to be informed, upon being brought before a court, of the grounds for their detention. Accused persons have the right to a public hearing within a reasonable time after being charged and to be presumed innocent of the crime for which they are charged. 

In the Amhara region, since September 18, 2017, ISEMCO has documented arbitrary and mass arrests in various areas of the region. Among those arrested are regional government leaders at all levels, heads and members of security institutions, civil servants, judges, prosecutors, members of parliament, businessmen, journalists, primary and secondary school and university teachers, women, youth, self-employed people, religious leaders, and students of Abnet (corn). While some of those arrested have been released after hours or days of detention, more than 6,000 people are currently being held in temporary detention (non-regular) in 4 designated locations (Dangla, Chelga (Seraba military camp), Konbolcha, and Shewa Robit towns). It has been learned that many people remain in detention as of the date of this statement, without being brought to court, except for a few people who were transferred from temporary detention centers to prisons to be brought to court and some prisoners from Dangla Detention Center were released on January 10, 2017.

Enforced disappearances, detention, and undisclosed whereabouts 

Enforced disappearance, detention and arbitrary detention are acts that violate the right to life, to be free from cruel and inhuman treatment, to justice and other fundamental human rights and humanitarian law. Enforced disappearance is the act of detaining, abducting, or otherwise depriving a person of his or her liberty, by agents of a State or by persons or groups with the consent or authorization of a State, or with the consent of a State, of a person, and of denying him or her his or her liberty, by denying him or her his or her liberty, by concealing him or her his or her whereabouts, or by destroying him or her. In non-international armed conflict, parties to the conflict have an obligation to register and protect the safety of persons detained in order to prevent enforced disappearances. States also have a duty to protect persons from being forcibly disappeared and held hostage by armed forces and groups at all times.  

In the Amhara region, on July 21, 2016, Ato Abraham Zerihun, a resident of Bahir Dar city, was arrested by members of the regional Adma Btena police from his home and was transferred to the Adma Btena temporary camp located at the Mulualem Cultural Center for a few days. After being transferred to the Mekalekeya camp, commonly known as “Mekod”, his condition and location remained unknown. It has been learned that he was admitted to the Rehabilitation Training Center in Dabat city since December 13, 2017.   

On August 18, 2016, at 9:00 AM in Bure town, West Gojam zone, Tadesse Gedef Alemu and Zelalem Tilahun were arrested by the city police and handed over to the defense forces. The whereabouts and condition of the individuals were unknown at the time of this statement.   

On November 16, 2017, members of a militant group (commonly known as “Fano”) operating in the North Shewa Zone, Tarma Ber Woreda, and the area of ​​Mah Amba, kidnapped Ato Samuel Kiros, a reporter for the Amhara Media Corporation (AMICO) Addis Ababa Center, when he arrived in Kombolcha and was returning to Addis Ababa, at a place called Mah Amba, the victim’s family said. They called the victim’s cell phone and spoke to him, and when they met the militants on the phone and questioned them, they told them that they “wanted the journalist for work because of his profession and would not let him go.” The journalist had taken a vacation and did not return to his work until November 19, 2017. The head of the Amico department concerned with the matter, who spoke to ISEMCO, said that he called and reported that he had been kidnapped. In addition to the stress and psychological damage caused by the blockade, the victim’s families told ISEMCO that they are facing severe economic hardship as the victim’s salary has been suspended since the blockade (November 2017). 

On December 7, 2016, at 9:00 AM, a 30-year-old businessman named Miftah Aminu was arrested by government security forces in Woldia town, North Wollo zone, on suspicion of “dealing in ammunition” and detained at a place called “Industrial Village.” His whereabouts and condition are unknown at the time of this statement. 

On December 21, 2016, at around 7:00 PM, Mihret Tehdezu, a resident of Bahir Dar city, was taken from his home by government security forces and held in a detention camp called “Mekod.” A week later, he was taken to an unknown location. His whereabouts and condition are unknown as of the time of this statement.  

On December 26, 2016, at 2:00 PM, Tewodros Getachew, a resident of Kebele 15, Bahir Dar City, was arrested by government security forces from his home and taken to an unknown location; his condition is unknown at the time of this statement.  

In the early hours of October 22, 2017, in the North Shewa Zone, Wachale Woreda, Kara and Becho, in the Oromia Regional State, it has been learned that the militants abducted the bodies of the administrative and security personnel who were killed and an unknown number of injured people in an attack carried out by members of the Oromo Liberation Front (commonly known as “OLF Shene”) in an area called North Shewa Zone.

Internal displacement 

Internally displaced persons are persons or groups of persons who have been forced to flee or leave their homes or places of habitual residence due to armed conflict, widespread violence, human rights violations, or any other man-made or natural disaster or its consequences, but who have not migrated across internationally recognized borders. 

The conflict in the border areas of Afar and Somali regions has been reported to have stopped since the governments of the two regions signed an agreement in mid-July 2016. The exchange of people held hostage by both sides in the conflict between the regions was carried out in late November 2017. It has also been reported that people-to-people dialogue and reconciliation are planned to strengthen the solidarity of the two peoples. However, ISEMCO has noted that there are gaps in terms of providing basic services, adequate humanitarian assistance and a durable solution to the people displaced by the conflict.

Illegal restrictions on freedom of movement and transportation  

According to the orders issued by members of the armed group (commonly known as “Fano”) operating in the Amhara region , most of the roads in the region were closed from September 23 to September 30, 2017, and movement in the area was suspended. From November 30 to December 7, 2017, the main roads in the Gojjam area were closed by militants, restricting the daily activities of the community.

Erosion of judicial independence 

Judicial independence includes institutional and individual independence. According to Article 79 (2) of the Ethiopian Constitution, the judiciary at all levels shall be free from any interference, influence or pressure from any government body, authority or other authority. Individual independence refers to the complete freedom of judges to decide cases before them based solely on the law and evidence, without any interference, influence or pressure. Judges must be protected by law and practice from political interference, harassment and intimidation in order to properly discharge their professional duties and responsibilities. Respect for judicial independence is not only a key tool for protecting individual rights but also for ensuring access to justice for all.   

ISEMCO has been able to confirm that judges working in courts at all levels  in the Amhara region are subject to illegal arrest, assault, intimidation, and interference by government executive bodies due to decisions and orders they make in connection with their judicial work, as well as non-compliance with decisions and orders issued by the courts.

During the state of emergency, 22 judges and 13 judges after the end of the state of emergency, a total of 35 judges have been illegally detained in the past year using the emergency declaration and the “law enforcement campaign” as a cover. For example, since September 26, 2017, 2 judges of the Bahir Dar and surrounding high court, 2 judges of the Bahir Dar district court, 1 judge of the West Gondar zone high court, 1 judge of the Dessie city district court in the South Wollo zone, 2 judges of the Kwet district court in the North Shewa zone, 1 judge of the Shewa Robit city district court, 1 judge of the East Gojam Zorn Dejen district court, and the presidents of the Enebse Sar Zhem, Dabat and Kobo district courts (3 judges) have been detained by security forces. Of the arrested judges, 4 were released on October 14, 2017, after 10 days of detention, while the remaining 9 remain in detention at the time of writing. In light of federal and other regional laws, the Amhara Regional Courts Judges Administrative Assembly Establishment Proclamation No. 282/2014 has failed to protect the immunity of judges, which is considered a guarantee of judicial independence, and has opened the door to the ongoing detention and harassment of judges in the region. 

In addition to imprisonment, judges have been known to have been attacked in connection with their work. For example, on January 15, 2016, while a judge was being held in the Ayehu Gugusa District Court of the Awi Nationality Administrative Zone, security forces brandished weapons and entered the courtroom, asking, “Why are you releasing a suspect who is a prisoner of the command post on bail?” They forcibly removed the judge from the courtroom and severely beat him in front of the court’s clients and staff, causing bodily harm. As of the time of publication of this report, no steps have been taken to arrest the perpetrators and ensure accountability. 

It has been confirmed that there is a problem of non-implementation of decisions and orders issued by the courts in relation to their judicial work, including direct interference in the work of the judiciary in the region. The refusal of the court to release suspects on bail, especially when ordering the release of people detained in connection with the security situation in the region, and the non-implementation of sentences imposed on police officers who do not comply with court orders, has been a serious human rights issue that has been widely observed in recent times. For example, in the North Wollo Zone, the Habru Woreda Court in more than 10 cases related to the land dispute dispute, which were not overturned through the appeal process, has blocked the execution of the court’s decisions, stating that they are illegal. In the North Shewa Zone, Berekhet, Menjar Shenkora, and Hagere Mariam districts, court officials were threatened and arrested, and the salaries of judges and administrative staff were deducted to pay for the security forces’ food contributions, and government support demonstrations were forced to be canceled. 

The “current situation (Haala Yeroo)” widely practiced    in the Oromia region is a practice used by government security and law enforcement agencies to control individuals suspected of being a threat to local peace and security or having ties to anti-peace forces; providing logistical support to militants; or being members of the organizations.

The cases of people detained under “temporary circumstances” are decided only based on the decisions of the security councils organized at various levels, and there is a significant deficiency in the implementation of orders issued by the courts in relation to these cases. The police repeatedly fail to implement the bail rights granted to suspects in cases where they were initially suspected and arrested, and are suspected of committing new crimes or committing new crimes, according to ISEMCO. For example, in 2017, the Dukem District Court in Bishoftu City granted bail to a suspect named Tufa Bacha Balcha under record number 06167 and the Lume District Court granted bail to a suspect named Ene Shimelis Tulu Getu Adugna under record number 119628, even though they met the bail requirements, the police refused to implement the orders. This situation violates people’s right to freedom and speedy justice, as well as the judicial authority and independence of the courts. 

On January 10, 2017, in North Shewa Zone, Yaya Gulele Woreda, Ato Jinenus Negasa, a district judge, was taken to a camp in Ftale town of the district by members of the Oromia Regional State Counter-Insurgency Police and subjected to severe beatings that lasted from 6:30 to 10:00. According to information gathered by ISEMKO, in several districts of the zone in 2016, judges and prosecutors were subjected to arrest, beatings and harassment on the grounds that they had granted bail to suspects or had cooperated in granting bail. He explained that accountability has not been established yet and that as a result, judges have had difficulty exercising their judicial functions freely in accordance with the law and their conscience. The Oromia Supreme Court stated that an investigation is underway into the beating of the judge.

Suggestions 

ISEMCO reiterates its call for the implementation of the recommendations contained in its previous statements and monitoring reports regarding the ongoing armed conflicts in the Amhara and Oromia regions, which have not been fully or partially implemented. In particular:

Building on the recent peace agreement reached in the Oromia region, all parties involved in the conflict in the Amhara and Oromia regions, including the government, should work with determination to find a peaceful solution to the conflict by declaring an unconditional ceasefire; 

All parties involved in the conflict in the Amhara and Oromia regions should refrain from committing violations of international human rights and humanitarian law in any conflict process; publicly condemn and ensure accountability for violations committed in the conflict; and respect human rights in areas under their control; and refrain from attacks on the lives, bodies, and property of civilians; 

All parties involved in the ongoing armed conflict in the Amhara region to refrain from actions that incite public unrest and restrict freedom, including undue restrictions on freedom of movement and transportation;  

The government should initiate credible and human rights-compliant criminal investigations and prosecutions to hold accountable those responsible for violations of international human rights and humanitarian law, as well as members of armed groups, in the ongoing armed conflicts in the Amhara and Oromia regions; and to ensure that victims are compensated and rehabilitated for the harm caused to life, body, mind and property by the conflicts; 

All detainees in the Amhara and Oromia regions who have been detained in connection with “current affairs” and who have not been charged with any credible charges, as well as all those who have been forcibly disappeared and whose whereabouts are unknown, should be immediately released from prison or have their cases tried through the regular criminal justice system; government security and administrative bodies should only detain detainees in regular detention facilities, and the whereabouts and conditions of detainees should be disclosed to their families;  

Take effective measures to prevent human rights violations committed by third parties, including armed groups, in connection with the blockade, and to ensure accountability for perpetrators and access to justice for victims;  

Judges should be granted legal immunity from prosecution in both civil and criminal matters in connection with their judicial work, security and administrative bodies at all levels should be prevented from interfering in the functioning of the courts, and police and security bodies that do not comply with court decisions and orders and that have detained judges should be properly investigated and held accountable, and the action taken should be made public; and 

ISEMCO calls for the provision of basic services, adequate and urgent humanitarian assistance to the displaced people in the border area between the security forces of the two regions, the strengthening of measures to ensure a peaceful and lasting solution to the security threats that led to the displacement, and the facilitation of the return of all displaced people to their homes. 

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