The Unlawful Detention of a Journalist

In late May, several media sources, including the Addis Standard, reported that a journalist named Sabontu Ahmed had been detained by security forces while she was returning to her home on May 26, 2022. Following her release from detention, she gave an interview to her employer, Finfinee Integrated Broadcasting (FIB), detailing what happened to her at the hands of Ethiopian security forces.  

According to Sabontu, at around 5:30 pm on May 26th, she was walking home from her daily shopping when two policemen approached, said they had been looking for her, and ordered her to come with them. Confused, Sabontu asked them to identify themselves, as well as for the reason for her arrest and if they had a court order for her arrest. The police officers showed her their badge, but ignored her other questions, telling her only that, “You will be taken to Lebu police station around Musica but don’t ask too many questions.” Sensing her hesitation, the officers then threatened to beat her if she didn’t comply. Sabontu then asked what legal justification they had for her arrest. At this point one of the policemen pointed his gun at her, and so Sabontu followed their orders. 

Once at the police station, Sabontu was made to remove all her clothing and submit to a strip search.  Then, a man, who she was informed was a security operative for the Ethiopian government, began to question Sabontu, who was still naked. The security operative kept circling Sabontu with a camera, taking photos of her as she tried to cover the camera with her hands. After she continued to resist his questioning, claiming that he was not a law enforcement agent and therefore not permitted to interrogate her, the security operative began to physically assault her. At this point, a police officer who was present in the room stepped in to stop her assault and asked the security operative why Sabontu was arrested, to which he replied, “It is not clear yet.” After obtaining a copy of Sabontu’s photo, name, and phone number the security officer finally left the station.

Sabontu spent the night in Lebu police station.  While she asked the police to be allowed to contact her family, they refused her request, stating that they would only let her call her family if she spoke in Amharic, rather than in Afaan Oromo. The next morning, her family came to the station and demanded an explanation as to why their daughter had been arrested. The police refused to tell them, stating,  “You don’t have the right to ask questions. We do the questioning.” Later that day, Sabontu was informed that she was wanted by authorities in the Regional State of Oromia.

At around 2 pm on May 27th, police from the Bishtofu district came and took her to the Bishoftu District 1 Police Station.  Once there, she was taken to the commander’s office, who asked Sabontu why she had been arrested.  She replied that she did not know, and they transferred her to Bishoftu District 5 Police station, where she was held for 3 further days. Finally, around 11am on May 30th, Sabontu was told her family had arrived with a court order for her release. She was released on bail later that day, without ever being formally charged for a crime or facing further questioning. 

Unfortunately, arbitrary arrests and targeting of journalists are a common occurrence in Ethiopia. While Article 19 of the Ethiopian Constitution guarantees that anyone held in custody should be brought before a court of law within 48 hours of their arrest and have the right to be informed promptly of the reasons for their arrest, this is rarely the case in reality. The law enforcement system throughout Ethiopia operates more informally than its Western counterparts. The exchange of gifts, use of interpersonal connections, and special interests generally supersedes the ideals of human rights or fair execution of justice on constitutional grounds. Likewise, it is common in Ethiopia for socially influential individuals and organizations, especially those that are minority group-aligned, to be harassed by government entities like the police. Many Oromos, in particular, suffer this injustice without a means to record or share their experiences. 

International law :

Under international law, the right to liberty protects individuals from arbitrary arrest and detentions, which are arrests and detentions that are not in accordance with the procedures established by law.  Persons who have been arrested or detained have the right to information, including the right to be notified of the reasons for their arrest, and to be informed promptly of any charges against them. They also have the right of access to the outside world, including to inform their family that they have been detained. Those who have been arrested or detained must be brought promptly before a  judge or court, so that the judge can rule on the lawfulness of their arrest or detention. As noted above, these rights are also protected under Ethiopia’s Constitution.

Article 5 of the African Charter of Human and Peoples’ Rights, which was ratified and then is binding for Ethiopia, prohibits inhuman or degrading treatment or punishment, and most importantly in its Article 2, guarantees the right to freedom from discrimination, including on the basis of one’s ethnic group or political opinion. It appears both these rights were violated by the State’s agents, who forced Sabontu to get naked while being interrogated, and mocked her regarding her current situation. She was also forbidden to speak with her family unless she spoke in Amharic, which is contrary to her right to not be discriminated against.