April 17, 2003

CALLING FOR THE RELEASE OF GIRMAY MOGES NEWAYEMARIAM

Girmay Moges Newayemariam is currently in prison in Axum, Ethiopia. Girmay was a UNHCR registered refugee in Ali-Adde, Djibouti. On the night of August 17, 1996, a group of armed security forces forcibly abducted Girmay from the refugee camp. The incidence took-place in front of a large number of protesting refugees. Subsequently, he was forcibly repatriated to Ethiopia without due process of law. The abduction and forced repatriation of Girmay was confirmed and documented by UNHCR and also denounced by SOCEPP.

Since his abduction, forced repatriation and unlawful imprisonment, Girmay is languishing in prison and has been subjected to physical torture on various occasions. He has no access to legal representation and health care facilities, and the circumstances of his imprisonment are harsh and inhuman.

 Girmay was member of the TPLF during the armed struggle and left the TPLF in 1982 because of political differences with the TPLF leadership. Girmay fled to Djibouti in 1991 when the TPLF took power in Ethiopia for fear of persecution as a result of his opposing political views to the TPLF.

 The Geneva Refugee Convention, to which both the EPRDF and Djiboutian Governments are signatories, clearly states that 'the contracting parties shall not expel a refugee without due process of law'. However, in violation of the convention, both countries have conspired and executed an expulsion of a refugee and subjected him to torture and unlawful imprisonment.

This inhuman act is also in violation of the African Charter on Human and Peoples' Rights, to which both Ethiopia and Djibouti are parties.

By facilitating and executing abduction and forced repatriation of a registered refugee to a country where the victim has grounds to fear persecution for his political beliefs, Djibouti and Ethiopia have violated the African Charter on Human and Peoples' Rights Article 12. 3 and Article 12. 4. Article 12.3 states that "every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions". Furthermore Article 12. 4 clearly indicate that "a non-national ......... may only be expelled from it by virtue of a decision taken in accordance with the law".

With full knowledge that the victim was a refugee and would be subjected to political persecution if forcibly repatriated to Ethiopia, Djibouti willingly allowed this act without due process of law, which is in violation of all existing international laws and norms.

UNHCR has been aware of the situation since the incident, but no visible action has been taken so far to make both governments accountable for this gross violation of international law.

It is quite obvious that a government that is capable of conspiring and kidnapping a refugee from a refugee camp would not hesitate to execute an innocent person backed by a verdict of a kangaroo court. In fact, in preparation for a fabricated court case, Girmay had been forced to sign statements of admission of guilt under torture.

After languishing seven years in prison, without any evidence, with the exception of the statement Girmay signed under torture, the court in Axum sentenced him to life in prison for allegedly killing an armed combatant of the TPLF during the armed struggle. Girmay pleaded his innocence and two prisoners testified in court that he had been forced by torture to sign the statement. However, since the courts are not independent and are tools of the ruling party, they passed the harshest sentence. Girmay has appealed to the Tigray Region Supreme Court, but considering the Ethiopian justice system under the present regime, the outcome is not expected to be different. This is clearly a political vendetta by the ruling party's leadership against Girmay for leaving the TPLF and for having opposing political views.

Fundamentally, international conventions are meant to be adhered to by the contracting parties. But in this case, the EPRDF and Djibouti Governments have willingly violated the Geneva Refugee Convention and other international laws and norms protecting the rights of refugees. The UN has the mandate to ensure the implementation of the Refugee Convention, but the UN has so far done nothing to make the two governments accountable for this gross violation of international law.

SOCEPP calls on the EPRDF to immediately release political prisoner Girmay Moges and requests from the UNHCR propmt action to secure the release of the prisoner. The EPRDF regime has tortured and condemned Girmay Moges because of his political views. Ethiopians int he disapora should also denounce this action and launch a campaign in favor of the release of Girmay Moges.

SOCEPP