OLLAA has receive a verified report on 24th September,2021 of the illegal detention, beating and torture of eleven Oromo political prisoners currently detained at Ammayya police station in Southwest Shewa Zone. According to our informant, who doesn’t wish to be named due to security reasons, the eleven detainees were arrested in the month of August 2020 on the following allegations by government security forces: supporting Oromo Liberation Army through providing food, firearms, and supporting opposition political parties. After their initial arrest , all were detained at Ammayya police station where they were beaten, and tortured emotionally and physiologically. This report also alleges that the detainees did not receive medical attention, despite sustaining physical injuries and severe emotional distress from the beatings and other kinds of torture they were subjected to whilst in detention.
The report further alleges that these political detainees were taken to the first district court in Ammayyaa on various occasions, but were denied bail. As most of these detainees are farmers, and the primary or sole breadwinners for their family, their families continue to experience severe hunger and distress as the eleven political prisoners face serious human right violations behind bars.
Legal Analysis on The Rights of Prisoners
The Right to Access Justice
Access to justice is a basic principle of the rule of law. In the absence of access to justice, arrested individuals are unable to have their voice heard, exercise their rights, challenge discriminatory practices, or hold decision-makers to account. The Declaration of the High-level Meeting on the Rule of Law emphasizes the right of equal access to justice for all, including members of vulnerable groups, and reaffirmed the commitment of member states to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote equitable access to justice for all.
Delivery of justice should be impartial and non-discriminatory. In the Declaration of the High-Level Meeting on the Rule of Law, member states highlighted the independence of the judicial system, together with its impartiality and integrity, as an essential prerequisite for upholding the rule of law and ensuring that there is no discrimination in the administration of justice
The Right to Health for Prisoners
The right to the highest attainable standard of health for prisoners is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a dignified life.
The right to health is recognized in numerous international instruments. Article 25 of the Universal Declaration of Human Rights affirms: “everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services.” The International Covenant on Economic, Social and Cultural Rights provides the most comprehensive article on the right to health.
The Right to Bail
The right bail is recognized under the Constitution of the Federal Democratic Republic of Ethiopia and International Human Rights Instruments, which are an integral part of Ethiopian law. However, the right to bail is not recognized in absolute terms. Restrictions to this right are envisaged by the same instruments. Art. 63(1) of the Criminal Procedure Code states: whosoever has been arrested may be released on bail where the offence with which he is charged does not carry the death penalty or rigorous imprisonment for fifteen years or more and where there is no possibility of the person in respect of whom the offence was committed dying. Denying political detainees the right to bail violates both the Ethiopian constitution and International Human Rights laws.
The Mandela Rules on Treatment of Political Prisoners
All prisoners shall be treated with respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff,service providers and visitors shall be ensured at all times.
Against Torture
The Ethiopia Constitution prohibits all acts of torture. Article 18 prohibits inhuman treatment, and goes further by stating that everyone has the right to protection against cruel, inhuman or degrading treatment or punishment. Article 19 further provides for the rights of persons arrested, it also prohibits compelling persons arrested to make confessions or admissions. While Article 21 provides for all persons held in custody, those imprisoned upon conviction and sentencing have the right to treatment respecting their human dignity.
Name | Gender | Zone | District | sub-location | Age | occupation | |
1 | Mr.Biraanuu Fayyeeraa | M | Southwest Shawa Zone | Ammayyaa | Munyo Jilaa | 28 | A farmer |
2 | Mr.Rafeera Nadhasa | M | >> | >> | >> | 32 | >> |
3 | Mr.Lateeraa Bullishaa | M | >> | >> | >> | 32 | >> |
4 | Mr.Toleeraa Gabbisaa | M | >> | >> | >> | 27 | >> |
5 | Mr.Taaddasaa Dirribaa | M | >> | >> | >> | 32 | >> |
6 | Mr. Guuttataa Mirreessaa | M | >> | >> | >> | 48 | Administrative head of AjjaamKuraa sub-location |
7 | Mr.Taaddasaa Beellamoo. | M | >> | >> | Ajjaam kuraa | 42 | A farmer |
8 | Mr.Moosisaa Gulummaa | M | >> | >> | Ajjaam kuraa | 30 | >> |
9 | Mr.Wandimmuu Raffisaa | M | >> | >> | Ajjaam kuraa | 34 | Head of peace and security at Ajjam Kuraa sub-location. |
10 | Mr.Sirneessaa Bulloo | M | >> | >> | Jibaatii Quculoo | 34 | A farmer |
11 | Mr.Taammanaa Bafiqaaduu | M | >> | >> | Jibaatii quculoo | unknow | >> |
OLLAA calls on the Ethiopia government to respect the rights of prisoners and treat them with dignity and respect.