OLLAA has received a credible report from a member of the Oromo Liberation Front (OLF) about the ongoing denial of medical care for one of its leaders,Gada Gabisa Abdisa (33), , who has recently been diagnosed with Hepatitis B after being detained for over a year, despite court orders for his release.
Gada Abdisa is 33 years old and works as a political admiral for the OLF. This is not the first time he has been arrested based on his political affiliation. He was first detained in 2020, but released after spending eighty-seven days behind bars. Following his release, in April 2021, Gabisa went to visit fellow OLF colleagues, who were being detained at Burayu Police station. Instead, the police accused him of having committed terrorism and being affiliated with the OLA, and arrested him again. He has remained in detention for a little over a year now, first at the Buryau police station and later at the Gelan detention center, despite court orders for his release. His continued detention has been especially painful for Mr. Abdisa, as his mother, Ituu Kabbabaa, has no job and he is the only source of income for his family.
Our source claims that, throughout his time in detention, Gada Gabisa has been subjected to physical, mental, and psychological torture. He has been starved, locked in solitary confinement, and denied the right to see his lawyer, religious leader, or his family.
In March, Gada Gabisa was diagnosed with Hepatitis B. Since his diagnosis, he has continually been denied access to medical treatment. Unfortunately, he is one of several OLF leaders who were recently diagnosed with this disease, and reports indicate that this type of treatment in prison is not uncommon.
International Legal Standards
Article 9 of the International Covenant on Civil and Political Rights (ICCPR) set out that the right to liberty protects citizens from arbitrary arrest and detentions, which are arrests and detentions that are not in accordance with the procedures established by law.
Under international law, States have the duty to ensure that persons deprived of their liberty are treated with respect for the inherent dignity of the person (ICCPR article 10) and are not subjected to toture or other cruel, inhuman or degrading treatment or punishment. Detained individuals also have certain rights, including to access their family and to meet with legal counsel, which are also protected in the Ethiopian constitution.
The right of detained persons to access medical care has its basis in the right of all persons deprived of their liberty to be treated with humanity and respect to the inherent dignity of the person (ICCPR article 10), as well as in article 25 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Economic, Social and Cultural Rights, which sets out that all persons have the right “to the enjoyment of the highest attainable standard of physical and mental health.” In addition, the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) set out that States have a responsibility to provide health care for its prisoners, and that “Prisoners should enjoy the same standards of health care that are available in the community, and should have access to necessary health-care services free of charge without discrimination on the grounds of their legal status.”
Finally, the Nelson Mandela rules also lay out several principles that are also relevant to the treatment Mr. Abdisa is experiencing while detained, including, but not limited to:
- The right of prisoners to communicate with their family at regular interviews, including by receiving visits from their family (Rule 58);
- The opportunity to consult with legal counsel (Rule 61);
- Access to a qualified representative of any religion (Rule 65)