OLLAA has received a credible report of the forceful detention of former Oromo Media Network (OMN) journalist, Mr Abdul Salaam Hasan, by government security agents in Bishaan Gurraachaa town, West Arsi Zone. According to his father, Mr. Hasan Watticha, who spoke to OMN on November 21st, 2021, his son was detained on Saturday 21st, 2021 at 3pm local time by Oromia Special Police as he was having a cup of coffee with his friends at a local café.
Mr Hasan Watticha stated that his son went to Bishaan Gurraachaa town two day earlier to visit his extended family residing there. According to the report, the Oromia Special Police arrested Mr Abdul Salaam alleging that he was on “the wanted” list.
According to his father, Mr.Abdi-Salam is currently detained at Bishaan Guraachaa town police station, and, three days down the line, has not faced charges before a court of competent jurisdiction. According to an eyewitness who didn’t want to be named due to security reasons, when the police came for Mr.Abdi Salam he was happily chatting with his friends in a cafe as they enjoyed their coffee. The eyewitness further stated that the police harassed him and forcefully put him in a waiting car, violating his constitutional rights to be treated with dignity.
The family also accused an unnamed senior administrator in charge of the detention center where their son is currently detained for declining to grant them access to their son.
A photo of former OMN journalist, Mr Abdi Salam Hasan (photo credit: Oromo Media Network)
Legal Standards
Arbitrary Arrest and Administrative Detention
As a rule, in its treatment of political detainees, the government has routinely flouted the international instruments to which Ethiopia is party, as well as its own constitutional provisions for the protection of the rights of arrested, accused, and detained persons. Ethiopia had ratified all of the major international human rights instruments protecting individuals from arbitrary arrest, including Article 9 of the ICCPR, which provides, inter alia, that:
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or release…
Similar standards are enshrined in the Constitution of the Federal Democratic Republic of Ethiopia. Article 14 of the Constitution, on the “Right to Life, Liberty and the Security of the Person,” provides: “Everyone has the inviolable and inalienable right to life, liberty and the security of the person.” Article 17 protects the right to liberty in somewhat greater detail, providing:
1. No one can be deprived of his or her liberty except in accordance with procedures established by law.
2. No person may be subject to arbitrary arrest and no person may be detained without trial or conviction.
Article 19 of the constitution, entitled “Rights of Persons Arrested,” provides:
1. All persons arrested have the right to be informed promptly, in a language that they understand, the particulars of the charges and the reasons for their arrest.
2. All persons arrested have the right to be informed promptly, in a language that they understand, that they have the right to remain silent and to be notified that any statement they make or evidence they give may be used against them in court.
3. All persons arrested have the right to appear before a court of law and to be given a full explanation of the reasons for their arrest within forty-eight hours of their arrest, excluding the time reasonably necessary for the journey from the place of arrest to the court.
4. All persons have the right to petition the court for a writ of habeas corpus, a right no court can deny, where the arresting officer or agency fails to bring them before a court of law and provide the reason for their arrest; the court may, where the interest of justice requires, order the arrested person to remain in custody no longer than the time strictly required in order to carry out the necessary investigation aimed at establishing the facts. In determining the time necessary for investigation, the court shall take into account whether the responsible authorities are carrying out the investigation with deliberate speed in order to guarantee the arrested person’s right to speedy trial.
Torture and Cruel, Inhuman or Degrading Treatment or Punishment
International and domestic standards prohibit torture and cruel, inhuman or degrading treatment or punishment. Article 7 of the ICCPR provides:
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Precisely mirroring the language of the ICCPR, Article 18 of the Ethiopian Constitution provides: “No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.”
The government’s practice of holding persons detained for national security offenses in unofficial detention places, such as kebele or peasant association houses, violates international standards, since detainees held in secret or unofficial places cannot assert their rights. In addition, unacknowledged detention exposes the detainee to the risks of “disappearance” and extrajudicial executions at the hands of detaining officers. The other risk associated with unacknowledged detention and unofficial places of detention is summary execution. Article 2 of the U.N. Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, states: “In order to prevent extra-legal, arbitrary and summary executions, Governments shall ensure strict control, including a clear chain of command over all officials responsible for apprehension, arrest, detention, custody and imprisonment, as well as those officials authorized by law to use force and firearms.”
These principles require governments to ensure that “persons deprived of their liberty are held in officially recognized places of custody”, and to make accurate information on the detainee’s custody and whereabouts, including transfers, promptly available to their relatives and lawyer.