Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were numerous reports that the government and its representatives committed arbitrary and unlawful killings. There were cases identified by Amnesty International and the Ethiopian Human Rights Commission (EHRC) where security forces used excessive force against civilians. Other reports were being investigated by international bodies. The federal police had an internal investigative unit that investigated cases of criminal acts perpetrated by police. The internal unit’s decisions regarding penalties against police were kept confidential.
The Ethiopian National Defense Force (ENDF) had a military police division with a military investigative unit that reported to the military attorney general’s office. The military police passed evidence from their investigations to the prosecutors and defense counsels. The ENDF attorney general directed the investigations and heard the cases in military court.
On January 19, a security official reportedly shot a 20-year-old man tending his store near Mugi, in western Oromia. On January 21, unidentified security officials rounded up five young men in a small town outside of Mugi, interrogated them in a private residence, and then shot and killed them, according to a local journalist. It is not clear which security service perpetrated these abuses.
On August 9, regional special forces clashed with protesters in Sodo in the Welayita Zone of the Southern Nations, Nationalities, and Peoples’ Region. Media reported the forces killed 17 citizens after youth groups blocked roads and burned tires in response to the arrest of 28 members of the zonal leadership, including Zonal Administrator Dagato Kumbe and members of the Welayita National Movement opposition party.
On August 27, the EHRC issued a press release declaring it had evidence that security forces killed protesters in Assasa, Sahshemene, Bale Robe, Ginir, Asebot, Chrio, and Awedaye. The EHRC called on the government to create an independent body to investigate.
On May 29, a member of a local militia in Mekele, capital of the Tigray Region, shot and killed a woman following a labor dispute concerning salary. Afterwards, the militiaman shot himself but survived.
On May 29, fighters of the former Oromo Liberation Army-Shane (OLA-Shane), an armed separatist group, with factions in western, central, and south Oromia, reportedly killed four civil servants and wounded three others in Wagari Buna locality in West Wellega Zone of Oromia Region. The team of civil servants was on route to Nejo town after delivering agricultural supplies to internally displaced persons (IDPs) from the neighboring Benishangul-Gumuz Region.
On November 9, Amnesty International reported an armed group killed a large number of civilians in the town of Mai-Kadra in western Tigray Region. The victims were reportedly largely to be non-Tigrayan seasonal laborers. The Amhara regional media agency reported there were approximately 500 victims. Although the identity of the attackers remained unconfirmed, witnesses stated forces associated with the Tigray People’s Liberation Front Regional Security Force committed the killings (See section 1.g., Respect for the Integrity of the Person–Abuses in Internal Conflict.).
There were no reports of disappearances by or on behalf of government authorities.
In December 2019 approximately 17 university students were kidnapped by an armed group in western Oromia Region. The government charged 17 OLA-Shane individuals with terrorism charges for the abduction. The trial against the suspects continued as of December. At the end of the year, the status of the missing students remained unknown.
Although the constitution prohibits such practices, there were reports that security officials tortured and otherwise abused detainees.
On May 29, Amnesty International released a report claiming that security forces carried out torture in OLA-Shane areas. The EHRC and the attorney general’s office reviewed these reports and concluded that the report was biased.
According to the Conduct in UN Field Missions online portal, there is one open allegation, submitted in 2018, of sexual exploitation and abuse by an Ethiopian peacekeeper deployed to a UN peacekeeping mission in the region, allegedly involving an exploitative relationship with an adult. As of October the United Nations had substantiated the allegation and repatriated the perpetrator, but the Ethiopian government had not provided information on accountability measures taken by year’s end.
Impunity remained a problem, although some measures were taken to hold security forces accountable for human rights abuses. Lack of transparency regarding those being charged and tried in courts of law made it difficult to determine if significant improvements were made.
Prison and Detention Center Conditions
Prison and pretrial detention center conditions remained harsh and in some cases life threatening. Problems included gross overcrowding and inadequate food, water, sanitation, and medical care. Pretrial detention often occurred in police station detention facilities, where conditions varied widely and reports noted poor hygiene.
Physical Conditions: Severe overcrowding was common, especially in prison sleeping quarters. Prison cells were small and cramped. International organizations reported that it was common for cells to have small windows that allow only a little light into estimated 430-square-foot cells, one of which may hold as many as 38 cellmates. Authorities sometimes incarcerated juveniles with adults. Prison officials generally separated male and female prisoners, although mixing occurred at some facilities.
The government budgeted approximately nine birr ($0.23) per prisoner per day for food, water, and health care, although this amount varied across the country. Many prisoners supplemented this allocation with daily food deliveries from family members or by purchasing food from local vendors. Reports noted officials prevented some prisoners from receiving food from their families, and some families did not know of their relatives’ locations. Medical care was unreliable in federal prisons and almost nonexistent in regional ones. Medical attention following physical abuse was insufficient in some cases.
Prisoners had only limited access to potable water. Water shortages caused unhygienic conditions, and most prisons lacked appropriate sanitary facilities. Many prisoners had serious health problems but received little or no treatment. There were reports prison officials denied some prisoners access to needed medical care.
The law prohibits detention in any facility other than an official detention center; however, local militias and other formal and informal law enforcement entities operated an unknown number of unofficial detention centers.
Approximately 9,500 persons in the Oromo Region were arrested for ethnically related violence and destruction of property after the death of Hundessa (see section 6, Members of National/Racial/Ethnic Minority Groups). Regional authorities later reported that approximately one-half of those arrested were released. On September 26, the Oromia regional government reported that 5,728 persons were charged in connection with the violence. The excessive crowding in detention facilities raised concerns regarding the spread of COVID-19 in the prison system. The Prison Commission responded by using public facilities such as schools as makeshift prisons to improve prison-inmate distancing.
Administration: There were reports that prisoners were mistreated by prison guards and did not have access to prison administrators or ombudspersons to register their complaints. Legal aid clinics operated in some prisons. At the regional level, these clinics had good working relations with judicial, prison, and other government officials. Prison officials allowed some detainees to submit complaints to judicial authorities without censorship, but courts sometimes declined to hear such complaints.
The law generally provides for visitor access to prisoners. Authorities, however, denied some indicted defendants visits with their lawyers. In some cases police did not allow pretrial detainees to have access to visitors, including family members and legal counsel. Prison regulations stipulate that lawyers representing persons charged with terrorism offenses may visit only one client per day, and only on Wednesdays and Fridays. Authorities denied family members’ access to persons charged with terrorist activity.
Officials permitted religious observance by prisoners, but this varied by prison and even by section within a prison. There were allegations authorities denied detainees adequate locations in which to pray.
Independent Monitoring: During the year the International Committee of the Red Cross visited 51,000 prisoners throughout the country as part of its normal activities.
Regional authorities allowed government and nongovernmental organization (NGO) representatives to meet with prisoners without third parties present. The EHRC monitored federal and regional detention centers, and interviewed prison officials and prisoners. The NGO Justice for All-Prison Fellowship Ethiopia had access to multiple prison and detention facilities around the country.
The EHRC and the attorney general’s office checked on the welfare of high-level political prisoners arrested for possible involvement in organizing violence following the killing of the popular singer Hachalu Hundessa. During the week of July 12, the EHRC twice visited high-level prisoners such as Jawar Mohamed, Eskinder Nega, and Bekele Gerba. The independent Ethiopian Human Rights Council reported that the detainees were in good health, were visited by family members, and were in touch with lawyers defending their cases.
Improvements: On February 17, the government published the Federal Prison Proclamation that makes the Federal Prisons Commission an independent body that reports to the attorney general’s office; requires that all prisoners be treated with human dignity and are given education and technical training to assist with rehabilitation; stipulates that prisoners are to be provided clothing and three meals per day; and are given free medical care (including psychiatric care) on premises. The Federal Prison Commission was to be monitored and supervised by the Committee of Community Leaders (comprising religious, cultural, and human rights leaders), the EHRC, and the parliament. The act also stipulates that prisoners “shall have an accommodation that preserves his human rights, dignity, security, and health during his stay in prison.” The proclamation introduced categorization and separation of prisoners according to age, gender, and risk level.
The legislation led to reforms within the prison system. The Prisons Commission had an independent budget and chain of command from other ministries, and the commission reported directly to parliament. The commission launched its own training centers, educational programs, and driving schools to provide inmates with basic skills to reduce recidivism. The commission began building its own hospital system for cost savings and to decrease dependency on local community hospitals.
d. Arbitrary Arrest or Detention
The constitution and federal law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government did not always observe these requirements.
Arrest Procedures and Treatment of Detainees
The constitution and law require detainees to appear in court and face charges within 48 hours of arrest or as soon thereafter as local circumstances and communications permit. Travel time to the court is not included in this 48-hour period. With a warrant, authorities may detain persons suspected of serious offenses for 14 days without charge. The courts increasingly pushed authorities to present evidence or provide clear justifications within 14 days or release the detainee. Courts also demanded to see police investigative files in order to assess police requests for additional time.
On April 6, the Anti-Terrorism Proclamation (ATP) replaced an antiterrorism law that permitted arbitrary arrests. The ATP provides that a suspect or defendant accused under the provisions of the ATP is to be “protected in accordance with [the] constitution, international agreements [ratified by the government] and other laws of the country concerning rights and conditions of suspected or accused persons.” The ATP prohibits warrantless searches and interception of private communications without a warrant or court order. It gives leasing and rental business owners up to 72 hours to provide the identities of foreigners (nonresidents) to police, significantly narrowing the scope of the law by excluding residents, and reduces the penalties for noncompliance. The ATP ends lengthy detention without a court appearance and gives the courts authority to prioritize any terrorism-related arrests.
A functioning bail system was in place. Bail was not available for persons charged with murder, treason, or corruption. In other cases the courts set bail between 500 and 10,000 birr ($13 and $250), amounts that few citizens could afford. The government provided public defenders for detainees unable to afford private legal counsel, but defendants received these services only when their cases went to trial and not during the pretrial phases. In some cases a single defense counsel represented multiple defendants (coaccused) in a single case.
Arbitrary Arrest: There were reports of arbitrary arrest by security forces.
On May 13, an estimated 1,600 persons were arrested in Addis Ababa for “violating the state of emergency” and not wearing face masks. The EHRC urged police to stop arbitrary arrest of individuals for not wearing face masks and declared that the tactics were needless. All the detained were released within 72 hours (see section 1.c.).
Pretrial Detention: The percentage of the inmate population in pretrial detention and average length of time held was not available. Lengthy legal procedures, large numbers of detainees, judicial inefficiency, and staffing shortages contributed to frequent trial delays, in some cases lasting years.
Detainees’ Ability to Challenge Lawfulness of Detention before a Court: During the year no cases were brought to the courts by individuals claiming unlawful detention. The law does not provide compensation for unlawfully detained persons.
e. Denial of Fair Public Trial
The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, criminal courts remained weak and overburdened.
Under the constitution, accused persons have the right to a fair, public trial without undue delay, a presumption of innocence, legal counsel of their choice, appeal, the right not to self-incriminate, the right to present witnesses and evidence in their defense, and the right to cross-examine prosecution witnesses. The law requires officials to inform detainees of the nature of their arrest within a specific period time, which varies based on the severity of the allegation. The law requires that if necessary, translation services are provided in a language defendants understand. The federal courts had staff working as interpreters for major local languages and are required to hire interpreters for defendants that speak other languages.
In August the EHRC reported that the regional courts performed well in presuming innocence of detainees. The human rights body also stated that courts made sure that detainees’ families were informed of detentions.
The federal Public Defender’s Office provided legal counsel to indigent defendants, but the scope and quality of service were inadequate due to a shortage of attorneys. A public defender often handled more than 100 cases and might represent multiple defendants in the same criminal case. Numerous free legal-aid clinics, primarily based at universities, also provided legal services. In certain areas of the country, the law allows volunteers such as law students and professors to represent clients in court on a pro bono basis. There is a lack of a strong local bar association or other standardized criminal defense representation.
The constitution recognizes both religious and traditional courts. Many rural citizens had little access to formal judicial systems and relied on traditional mechanisms for resolving conflict. By law all parties to a dispute must agree to use a traditional or religious court before such a court may hear a case, and either party may appeal to a regular court at any time. Sharia (Islamic law) courts may hear religious and family cases involving Muslims if both parties agree before the start of the formal legal process to use the sharia court. Sharia courts received some funding from the government. Sharia courts adjudicated a majority of cases in the Somali and Afar regions, which are predominantly Muslim. Other traditional systems of justice, such as councils of elders, functioned predominantly in rural areas. Women often believed they lacked access to free and fair hearings in the traditional court system because local custom excluded them from participation in councils of elders and due to persistent gender discrimination.
Political Prisoners and Detainees
There were multiple detentions of political leaders who were released or sentenced based on criminal acts. Following the June 30 violence caused by the killing of Hachalu Hundessa, there were approximately 40 arrests of political leaders and their followers. In July the highest profile leaders were visited in jail by the attorney general’s office and the EHRC at least three times. These opposition leaders were provided the same protections as other detainees. Several opposition leaders who were arrested following the killing of Hachalu Hundessa are still in detention awaiting trial.
Civil Judicial Procedures and Remedies
The law provides citizens the right to appeal in civil court, including in cases with human rights abuses. For rights abuses where a government agency is the accused perpetrator, the victim initiates the process by filing a complaint at the EHRC. The EHRC investigates and makes recommendations to the concerned government agency.
The law generally requires authorities to obtain court-issued search warrants prior to searching private property. The law also recognizes exceptions for “hot pursuit” cases in which a suspect enters premises or disposes of items that are the subject of an offense committed on the premises. This legal exception also applies when police have reasonable suspicion that evidence of a crime punishable if convicted by more than three years’ imprisonment is concealed on or in the property and a delay in obtaining a search warrant could allow for the evidence to be removed.
The government engaged in offensive operations against the armed separatist group OLA-Shane in western, northern, and southeastern Oromia. The government had military-led command posts in the affected areas that coordinated all security operations. Command posts are led by the ENDF but are supported by regional special forces, regional police, and regional militias.
On November 4, fighting between the ENDF and the Tigray Special Forces resulted in protracted conflict in the northern region of Tigray. The fighting affected the entire region. As of the end of the year, there was very limited access to Tigray, except for the capital Mekele, resulting in a lack of reporting and making it difficult to ascertain the extent of abuses. There were numerous reports of looting and destruction of infrastructure in Tigray, including in refugee camps. There were reports that government security forces, security forces from neighboring regions, the Eritrean military, private militias, and the Tigray People’s Liberation Front Regional Security Force all committed human rights violations and abuses, including extrajudicial killings, sexual assaults, forced displacement of civilian populations, and torture. There are reports that government security forces engaged in arbitrary arrests and detentions. International organizations, including the United Nations reported that a humanitarian crisis was unfolding and they prepared to assist with basic services, food, and medical supplies.
Killings: Residents of Qellem Wellega Zone in Oromia told media that government security forces killed seven civilians.
The Oromia Region’s Security Bureau reported that OLA-Shane fighters killed more than 770 individuals, wounded more than 1,300, and abducted 72 persons.
On November 1, suspected OLA-Shane fighters killed at least 54 ethic Amhara residents of Gawa Qanqa in West Wellega Zone, according to Amnesty International. Witnesses reported that men, women, and children were killed, and property was looted and burned.