OLLAA has spoken with Fikiru Bayana regarding the multiple human rights violations he experienced throughout his judicial career at the hands of the Ethiopian government, including violations of his rights to due process and fair trial. These violations indicate a lack of respect for the rule of law throughout Ethiopia, owing to the fundamental importance placed on the independence of the judiciary under international law.
Fikiru Bayana Yadata was born in Najjo town, in the West Wollega zone of Oromia. He received his law degree from Oromia State University and became a Judge at the Najjo District Court.
On 10 May 2020, members of the Oromia Special Forces arrested Fikiru at his mother’s home in Najjo and brought him to a military camp in Gawo Kebe district, Kelem Wollega zone, where he was detained for a year. During that time, he was never brought before a court of law.
When Fikiru asked his jailors to tell him the reason for his arrest, he was informed that it was because he had ordered the release of certain OLF members of OLF from prison while he was serving as a judge at Najjoo district court. He was also told that, in a separate case, he had issued a judgment against a defendant whose father happened to be a Colonel in the Oromia Special forces, and when the defendant had not abided by his ruling, he issued a warrant for his arrest. According to Fikiru, all of this was normal work for a judge, and he had faithfully executed his duty to uphold the law in making these decisions.
Although Fikiru was eventually released from detention after a year, he continued to face harassment and felt unsafe remaining in Najjo town. As such, he felt forced to leave town and has been living on the run ever since.
International Law:
Under international law, states have a duty to respect the independence of the judiciary, which includes the ability to, “decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.” The arrest of a judge for fulfilling his duty to decide cases in accordance with the law points to a growing disregard for the rule of law throughout the Oromia region.
International law further protects citizens from arbitrary arrests and detentions, which are arrests and detentions that are not in accordance with the procedures established by law, and guarantees certain rights to those who have been detained, including the due process of law, and to be brought before a court of law within a reasonable time (48 hours in Ethiopia) in order to determine if their detention was lawful.