Jailed opposition party Unity for Democracy and Justice (UDJ) chair, Birtukan Midekssa, has sued the government for violating her rights as a prisoner.
Earlier this month, attorney Tesfaye Derese filed the charge on behalf of Birtukan. Tesfaye himself had on various occasions claimed not to be able to see his client.
In the filed charge, Birtukan asks the court to ensure her prisoner’s rights, which she said have been violated, are respected. The Ethiopian constitution stipulates that persons in custody and convicted prisoners have the right to communicate with and be visited by spouse(s), close relatives and friends, medical attendants, and religious and legal counselors.
Birtukan is not the first one to claim mistreatment in detention centers. During the former Coalition for Unity and Democracy Party (CUDP) leaders and members’ trial, then CUDP Secretary, Muluneh Eyuel, also claimed that he was mistreated and was put in a dark cell on his own.
Very recently, the Oromo Federalist Democratic Movement (OFDM) secretary Bekele Jirate claimed that he was made to stand for long hours while he was in police custody. Both allegations were rejected by the courts.
Birtukan’s charge was sent back to the registrar by the first presiding judge, who explained that he could not preside over the case, as he knew the plaintiff personally. Another justice, who took over the case, ruled last Wednesday that it is in the court’s jurisdiction and the plaintiff has a case and can indeed sue for the alleged violations.
In orders issued last Wednesday, the court explained that it took on the case after the plaintiff re-stated its case to explain that the alleged violations occurred in the previous fifteen days. This is a requirement if the case is to go through what is called accelerated procedure.
The court has ordered the Federal Correction Facilities Commission to present a response to the charge by April 2.
It was back in December 29 that Birtukan was re-arrested and began serving life after the pardon board revoked her pardon. She was imprisoned and then pardoned after she - along with other members and leaders of the former CUDP - were found guilty of unrest following the 2005 elections.
UDJ and other opposition groups such as OFDM and United Ethiopian Democratic Forces (UEDF) have condemned Birtukan’s re-arrest. However the government insisted it acted to uphold the rule of law to which it said Birtukan failed to comply when she denied asking for a pardon and then refused to retract her statement.
Some lawyers expressed a concern about the procedures the government took to revoke her pardon. These experts explained that Birtukan was not given the legally permitted 21 days before her pardon was revoked, instead she was re-arrested just 72 hours after the Federal Police Commission asked her to retract the statement.
The justice minister, Berhan Hailu, has said that the 21 day period referred to by the lawyers is only advisory.
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