The Independent Inquiry Commission’s report

Introduction Ethiopia is a country of many nations, nationalities and peoples. It should, however, be underlined that the formation of a government through a democratic electoral process that protects and respects the rights of all nations, nationalities and peoples is a new phenomenon. It is clear from the outset that the efforts to build a federal political order based on the protection of the rights of nations, nationalities and peoples is a recent and new development. The third national election of May 15, 2005 was the country’s first truly competitive poll and is an integral part of the overall democratization process. The violence that followed the third national election was therefore a tragic and needless event that resulted in loss of life, physical injury, psychological suffering, destruction of property, and economic damage. Nevertheless, the fact that this Commission was legally established by the House of Peoples Representatives is a palpable indicator of the continuation of the democratization process and the rule of law. 1. The Commissions’ mandate It will be recalled that the Commission was established under Proclamation 478/2005 and was entrusted with the task of conducting an inquiry concerning the violence that occurred on June 8, 2005 in Addis Ababa as well as those that occurred from November 1 to 10, 2005 and from November 14 to 16, 2005 in Addis Ababa and some other parts of the country. Under Article 5 sub-article 1 of the Proclamation The Commission hereby submits this report to the House of Peoples’ Representatives containing the findings of its careful inquiry of the violence and compilation of evidences that falls within its legal competence, concerning: A) Whether in the process of quelling the violence, excessive force was used by law enforcement bodies or not. B) Whether observance of human rights during the violence was consistent with the provisions of the Constitution and relevant laws or not. C) Investigation of the loss of life and destruction of property that resulted from the violence. 2. procedures of investigation and execution The Commission held its first regular session on January 26, 2006 and established procedures, and terms of reference (TOR) to effectively carry out its responsibilities. In this connection, it also drew and approved members’ code of conduct and investigators’ guidelines. Investigators’ and support staff were sworn in before work commenced. According to our by-laws, the minutes of each meeting was submitted to this Parliament’s secretariat and depending on the weight of the case audio and video documentation was also made. 3. Sources of information and mode of compilation The process of locating and establishing an office, finding replacements for the five commissioners who resigned for personal reasons, the scope and weight of the evidence, the ups and downs of retrieving evidence from institutions and private persons, sifting through unrelated leads, the large number of flashpoints and the huge distances between scenes of violence have had adverse impact on the work of the Commission. Efforts have been made to identify and categorize the types and sources of information depending on their weight and nature. Consequently the sequence and compilation of evidence have been conducted unannounced to ensure their authenticity. To establish full trust between evidence-provider and the Commission, individuals were informed of their rights and duties as they appeared at the Commission’s office. A reporting mechanism was also established in the event that such an individual encounters pressure from any side. Similarly evidence-providers were treated with full respect by Commission members, support staff and investigators and were also provided with appropriate services. The inquiry was conducted by establishing a complaint-reporting mechanism for oath-bound evidence-providers concerning the Commission’s services. In identifying sources of information photo copies of the medical files of injured persons were compiled from Addis Ababa’s private and public hospitals. Precautionary measures were also taken to ensure that injured person’s medical files were not misplaced and to avoid false medical documents. Taking into consideration the cultural practices of the society, public announcements were made for iders (local associations) to provide evidence regarding incidences of violence related deaths. Two meetings were held with ider officials. A specifically designed form was filled out by ider officials and submitted to the Commission. In addition to identifying the locations where violence took place on the city map, successful investigation was conducted concerning property damages that occurred as a result of the violence through interviews with witnesses who have relevant information. To verify the facts, site visits were conducted where grenade explosions were said to have occurred and to identify the conditions how they were carried out and the responsible party. To verify alleged incidences of attempted bank robberies, the daily logs of security officers of the said banks were examined and interviews were conducted with the managers of Abyssinia, Dashen, Wogagen and Awash banks and the various branches of the Commercial Bank of Ethiopia. Parallel to examining police daily logs concerning the violence, the Commission’s investigating team visited the Anbassa City Bus Garage to verify the extent of the damage incurred during the violence. By examining the repair order and auditing the financial cost of the repairs it has been possible to assess the damage in monetary terms. In cases where accurate assessment was not possible, approximate estimation was made. Efforts were made to get as much voluntary information as possible regarding the violence that followed the May 15, 2005 election from those who are held in correctional facilities in connection with the violence. A special form was prepared for volunteer detainees to fill out away from the sight of security officers and those who were willing were brought to the Commission’s office to freely provide information without the presence of security officers. Though the Commission was provided with a list of the names of 30,000 detainees who were held in connection with the violence, we have verified that the same detainees were registered in several places at the same time. Regarding the observation of the detainees’ human rights, they (the detainees) were requested to voluntarily respond to a questionnaire containing key human rights principles. Based on this questionnaire, the detainees have made depositions. Based on their leads, it was possible to visit and talk to detainees in Didesa, Shewa Robit, Zewaye and Addis Ababa Correctional Facilities as well as those in the Federal Forensic Investigation Department. 122 television and radio announcements were made calling on citizens to provide the Commission with any relevant information regarding the violence. Letters soliciting local and foreign journalists and news organizations to come forward with any solidly backed knowledge related to the violence were also sent to Reuters, VOA, Deusche Welle, Sundays Update, Press Digest, Radio Fana, Ethiopia Radio and Television Organization, Ethiopia Press Organization, Pan African News Agency, AP, Ethiopian News Agency, Sub-Saharan Informer, Fekat, Addis Admas, the Republic and Reporter weeklies, as well as Fortune, Capital, and the Daily Monitor. In addition, the banners of the Commission were hoisted at different locations in Addis Ababa and the Regions. Announcements were made using amplifiers in different towns of the Oromia and Amhara Regional states. As representatives of the entire peoples of the country, individual letters were sent to PMs requesting them to provide leads to the Commission regarding the violence. Most have responded positively. Fora detail clarification of the November 3, 2005 violence, it was necessary for the Commission to visit the Kality Correction Facility. The commission examined the situation carefully, talked to detainees, heard explanations from the authorities and made video and audio documentations. As the task of the inquiry involved participating civilians on the one hand, and the law enforcement chain of command that reaches up to the Prime Minster on the other, we have talked to federal and Addis Ababa police Commissioners and officials, representatives of the Ministry of Defence and the highest executive i.e. the Prime Minister. During our inquiry we learned that officers at all levels of the law enforcement chain were given strict and repeated order and instructions against committing any acts of human rights violation. The depositions, information, and file exhibits of those held under suspision of snatching weapons from law enforcement officers were examined. Both law enforcement officers and civilians have lost their lives as a direct result of the violence. Civilian deaths were verified by idirs (local association), eye witnesses and by examining death certificates Menlik Hospital and burial files of unknown persons. Likewise, the deaths of police officers were verified by death certificates and related evidence. Concerning human rights, in addition to examining the relevant provisions of human rights in the Constitution and international conventions ratified by Ethiopia, experts have provided training and related documents to members of the Commission. Those involved in investigating the Gambella incidents were also invited to share their experiences with the Commission. 4. Time and location of damages As the mandate of the Commission has time and place restriction, the inquiry in Addis Ababa focused on the disturbances that occurred on the 8th of June 2005, as well as those took place from the 1st of November 2005 to 10 November 2005 and from the 14th of November 2005 to the 16th of November 2005. During these three periods, it has been discovered that violence occurred in 204 places known by different names. The most difficult and widespread violence occurred in the following seven locations of the city. • From Sheru Meda to Arat Kilo, Yeka and Kotebe • From the Piazza to Georgis and Semen Mazegaja • From Georgis to Gullele and Kolfe • From Piazza to Merkato and Ko1fe • From Merkato to Ehel Berenda, Tor Hailoch and the Old Airport •From Mexico to Sar Bet and Nefas Silk Lafto • From Mexico to Beklo Bet, Gotera and Nefas Silk, Lafto. In addition, it has been verified that sever violence occurred in central Merkato and its surroundings, in Mesa1emia, the French Embassy, and in the vicinity of Addis Ketema Kifle Ketema . With regards to the regions, members of the Commission visited and assessed the violence that occurred in Western Wol1ega-Gimbi, Lal1o Asabi, Eastern Wollega, Nekemt, Western Shewa, Ambo and Tikur Inchini of the Oromia Regional State from the 1st of November, 2005 to the 10th November, 2005 and from the 14th of November, 2005 to the 16th of November 2005. On the other hand members of the Commission traveled to Kofele (Arsi zone) and established that the problems there were unrelated to the violence the Commission was entrusted to inquire. As the problems that occurred in Bahirdar, Gonder and Deberetabor fell under the Commissions’ jurisdiction, investigation was conducted in said areas. Similarly in the SNNP State i.e. Awassa, Dila Arbaminch, Gurage Zone, Indeber, Mueher Aklil, Wolkite, Ezzia, Gumergeta and Cheha investigations have been conducted. 5. Harms inflicted and evidence Pursuant to the powers vested upon the commission by virtue of proclamation 478/2005 Article l/c to inquire the harms inflicted upon life and property due to the violence, an attempt has been made to investigate the damage in Addis Ababa and in some other parts of the country. Accordingly, the commission has found out that the injury and death sustained by civilians and the security forces in Addis Ababa was extensive attesting to the seriousness of the violence and vast area it covered. In order to properly comprehend the depth of the destruction to life and property, 3405 documents from various health institutions were collected and examined. Particularly careful investigations were made on the documents obtained from hospitals which are believed to have treated a large number of victims. In due course, the health institutions were made to give confirmation of the victims inferred as a result of the violence and treated on the dates mentioned in the proclamation. With regard to the victims who were injured in the violence, but were unable to be treated immediately and had their treatment on the days that followed, an investigation was conducted by taking their testamentary statements, looking at the injured parts of their bodies and by means of taking pictures and cross-checking with related evidences. Concerning the injury of security forces, particularly the police, inquiry was made by looking into the medical certificates and treatment cards obtained from the police hospital (which had followed up all the victims) in addition to hearing the testamentary statement of the victims and by cross-checking with their treatment. cards. In the Regions victims were consulted and investigations were conducted the same manner. Pertaining to property damage, the extent of damage in Addis Ababa particularly of the Lion city bus was identified. Other damage to the Property of the public, individuals and Government enterprises were are also identified. The value of the damage to the property of individuals is stated as per their evaluation. Properties of the government and individuals other than those indicated in the police report are not included, as their owners failed to show up and inform the Commission, though repeated announcements were made to them. The property damage in the Regions is incorporated, in detail, in the report as per their submission of information and evaluation. As mentioned earlier considering the vastness of the violence covering 204 localities and the huge number of people who participate in it in Addis Ababa alone, it is not difficult to fathom the potential damage it could have incurred had it not been for the timely action taken to control it. In this violence beyond the obligation of the security forces to protect the life and property of the people it should be known that they (the security forces) had the Constitutional responsibility and accountability of safeguarding the human rights of individuals. This means, the force applied to control the situation should be seen vise a vise the extent of the violence and the possible damage it could have inflicted. Those who participate in the violence disrupted the day to day activities of the people by blocking roads using large rocks and burning used tires. This act of violence curtailed the work of the security forces. In addition those engaged in violence were attacking the security forces using rocks, home made explosives, and by dispersing and re-grouping again to apply pressure on them. As a result six members of the security forces lost their lives. Among them one was hit by an explosive while the rest. died from bullet wounds. Seventy one (71) were injured by explosives, bullets, Gejeras (machetes), bottles, knives, rocks, and clubs as per the evidences. Among the civilians 193 lost their lives and 763 sustained light and serious injuries, mostly caused by bullets as per the evidence. Regarding the violence that occurred in western wollega -Lallo Asabi district and in Arba Minch town where one family suffered and Bahir Dar Fasil School, the commission believes that these cases deserve serious attention as they are quite complex and disturbing. As a result the commission decided, that this particular investigation must be made by the government as it needs special qualifications and a very long time. As mentioned earlier, the commission has also decided that the investigation of the actions at the Kaliti Correction Center that occurred on the 3rd of November, 2005 must be investigated by the government as the commissions several efforts to address it did not succeed. Be that as it may, as this issue deserves special focus and attention the Commission would like to suggest that the government employees professionals its investigation. With regards to property, public property particularly that of the Addis Ababa City Bus have sustained serious damages. The properties of both individuals and governmental institutions were burnt down. According to the evidences in Addis Ababa 190 city buses, private and government vehicles, and various types of office and household furniture were destroyed. In the Regions, too 29 types of property were destroyed. The value of destroyed property is estimated to reach birr 4,454,392.79 (Four million four hundred fifty four thousand three hundred ninety two birr and seventy nine cents) according to the evidence provided. 6. Respect for human rights and use of force during the violence” It must be recalled that two of the issues to be investigated by the Commission are respect for human rights and the use of force during the violence. The issue of human rights is fundamental to democracy. The Commission believes that the extent of force used to control the violence is related to the issue of human rights and democracy and should be seen from the point of view of legality, its necessity, accountability and proportionality. Inorder to acquire a better understanding, the commission had extensive and in depth discussions on the following principles of democracy: A. In any country the handling of human rights should not be seen in isolation of the development of democratic institutions established in the democratization process. Moreover, the leaders consciousness regarding the principles of democracy and the public’s understanding of these principles have a decisive role in ensuring respect for human rights. In short, democratization and respect for, human rights-in any country are dependent on the objective conditions therein and can only be seen as being part of a process which can not possibly be attained instantly. B. The law alone can not guarantee a democratic system. A democratic system is established through a process and requires cultural transformation. It requires the administration of justice, acceptance of the rule of law, and is a system to be built through a long period of time. C. Although the primary accountability of the abuse of human and democratic rights rests on the government in should not be forgotten that all political parties, civic organizations and individual citizens are also accountable. In short, the dialogue regarding, abuses of human rights is possible and fruitful only when all have done their part. D. A system where human rights are respected can be entrenched only when supported by democratic institutions. The foundation for the establishment of such institutions is the implementation of the Constitution which is designed for these purposes. In the process of the attempt to build a democratic system, it is believed that it will face many challenging situations. Therefore, the violence that followed the May the 15th, 2005 elections did manifest some weaknesses and mistakes on the part of the government, the circumstance at the time, the commission believes, are a result of the fact that the country’s democratization is at a nascent stage and also because it has not impacted society to the desired level. The commission underlines its conviction that the violence was truly a result of such an objective condition in the country. As noted earlier, the crisis was vast indeed and involved a large number of people which was many times bigger than the number of security forces. When it seemed controlled in one place, it would explode in another which was a threat to the lives of the security forces as well as a challenge to their patience. The commission understands that the security forces in the process of implementing their mission of protecting the lives and property of citizens had a strong constitutional responsibility to protect human rights. The commission also strongly believes that in the course of protecting legal rights from illegal acts the measures to be taken should not exceed the damages that may be inflicted due to illegal actions and the security forces have a Constitutional accountability for disproportionate actions. Therefore, the commission underlines that whether the measures taken by the security forces were proportional or not should be seen in this context. Nonetheless, if the range of the vastness and seriousness of the crisis is not considered in relation to the principles of the democratization process and the objective situation of the country, the commission is convinced that it is difficult to pass judgment regarding the proportionality or disproportionality of the measures taken. There is also an agreement that these principles are not controversial. According to this agreement and pursuant to the aforementioned principles particularly the principle mentioned earlier, the Commission believes that respect for the human rights was not strictly consistent with the Constitution. This, however, does not mean that the government did not make the effort to stop violations of human rights. The orders and instructions given repeatedly by officials to the security forces is a witness to this fact. The democratic system in our country was introduced through the ratification of the new Constitution and its implementation. However, the implementation of such a sysem among the people cannot happen at once and therefore conflict with the objective conditions in society is inevitable. History is the witness regarding such developments in countries where fundamental transformations have taken place and our country is no exception. Based on this reality, the Commission believes that according to the responsibility accorded to it by the proclamation, the actions taken by the security forces to control the violence was a legal and necessary step to protect the nescent system of government and to stop the country from descending in to a worse crisis and possibly never ending violence upheaval. The issue of proportionality can not be seen outside these realities. Members of the Inquiry Commission 1. Dr. Mokonen Disasa Provisional Chairperson 2. Sheik Elias Redman Member 3. Rev. Dereje Jemberu “ 4. Ato Mitiku Teshome “ 5. Aba Ewostatewos G.Kristos “ 6. W/ro Haregewoin Tassew “ 7. Dr. Gemechu Mejersa “ 8. Ato Abdidead Ibrahim “

(c) Walta Information Center, Addis Ababa, Ethiopia