Intimidation and Unlawful Detention of Judicial Officers in Oromia
Endiris Mohammad serves as a Judge of First Instance Court at Anfilo District of Qellem Wollega Zone. He is known for fearlessly deciding cases brought before him after meticulously examining the law and the evidence presented before the court. He has proven his impartiality and high professional integrity before his community and legal colleagues.
Yet, Mr. Endiris became another victim of the conditions on the ground. Qellem Wollega is a war torn region in Oromia where the government has shut down the internet for the past three weeks. Both the Oromo Liberation Army (OLA) and the federal army have been operating in the area for three years. Continued hostilities have caused human suffering and many deaths of innocent civilians.
Mr. Endiris had been intimidated numerous times for issues related to his judicial career. On November 29, 2020 at Anfilo, he was arrested at his office while performing official duties and was then unlawfully detained at Woreda police station, Mugi, for eighteen (18) days without being charged.
Arrest of Judicial Officers Under Ethiopian Law
According to Article 40 of Oromia Courts Re-establishment Proclamation No. 216/2011, no judge is to be arrested without the permission of the Oromia Judicial Administration Commission. Mr. Endirs was arrested without the knowledge of the Oromia Judicial Administration Commission, which is in direct violation of the Proclamation.
Under Ethiopian law, judges also have absolute immunity from civil liability; however, judges do not have absolute immunity from criminal responsibility. Judges can be arrested subject to permission of the State Judicial Administration Commission if they are suspected of committing serious crimes. The law protects judicial independence by permitting the police to write to the Commission prior to arresting judicial officers. Mr Endiris’ arrest and detention, however, did not follow due process of the law, as police did not follow proper procedures prior to the arrest.
After his arrest, Mr. Endiris was not taken to the court for bail hearings. This amounts to denial of access to justice, which is in violation of Article 37 of the Ethiopian Constitution. According to the victim narration verified by OLLAA, the unnamed police commanders who arrested him demanded a bribe in order to release him from prison. The police also informed him that they had suspected him of being a member of an outlawed group called “ABO Shane.” In turn, Mr. Endiris wrote to the police commission and the Supreme Court of Oromia, instructing both to investigate and prosecute him if he had any involvement in political or criminal activity. No further action has been taken by the police commission or the Supreme Court. Yet, the police commanders who unlawfully conducted his arrest have not been held accountable.
The arrest of district court judges by ordinary police commanders without having prima facie evidence or permission from the Judicial Administration Commission will greatly interfere with judicial independence and access to justice by ordinary citizens. It is a dangerous precedent that continues to undermine the rule of law in Ethiopia.
The most shocking aspect of the case is the silence from top judicial administrators, including the Supreme Court President and his Vice and Chief of Judicial Administrative Council: they have not condemned the unlawful detention of Mr. Endiris. Ethiopia is on a dangerous path and such unlawful arrests create an environment of impunity. The rule of law and democracy is under threat. If the law fails to protect judges from arbitrary, unlawful and unjustifiable arrest, who can the law protect?