Yemen
Unlawfully Deported Andargachew Tsige, Concerns over Possible Mistreatment
JULY 7, 2014
We are deeply concerned for Andargachew Tsige’s safety. Ethiopia needs to
demonstrate that it is holding Andargachew in accordance with its international
obligations, and he should be allowed immediate access to a lawyer, his family,
and to British consular officials.
Leslie Lefkow, deputy Africa director
The current whereabouts of Andargachew, a British national, is unknown, raising
concerns for his safety. The Ethiopian government should take all necessary
steps to ensure Andargachew’s safety and his right to a fair trial. Many
individuals arrested in politically related cases in Ethiopia are detained in
Addis Ababa’s Maekelawi prison. In an October 2013 report, Human Rights Watch
documented the use of torture by authorities against detainees in Maekelawi,
including members of opposition political parties and organizations, as well as
journalists.
“We are deeply concerned for Andargachew Tsige’s safety,” said Leslie Lefkow, deputy
Africa director. “Ethiopia needs to demonstrate that it is holding Andargachew
in accordance with its international obligations, and he should be allowed
immediate access to a lawyer, his family, and to British consular officials.”
Yemeni officials arrested Andargachew at El Rahaba Airport in Sanaa, Yemen, on
June 23 or 24, 2014, while he was in transit on a flight from Dubai to Eritrea.
They did not permit him consular access to UK embassy officials and summarily
deported him to Ethiopia, credible sources told Human Rights Watch, despite his
being at risk of mistreatment.
Yemeni authorities initially denied any knowledge of Andargachew’s detention
and transfer to Ethiopia. Ethiopian government officials publicly called for
his extradition from Yemen on July 3.
Under the Convention against Torture, which Yemen ratified in 1991, a government may not “expel, return (‘refouler’) or
extradite a person to another State where there are substantial grounds for
believing that he would be in danger of being subjected to torture.” These
protections override any extradition treaty or other security arrangement that
may exist between Yemen and Ethiopia.
Trials in absentia generally violate the defendant’s right to present an
adequate defense, concerns heightened in cases involving the death penalty.
“Yemen blatantly violated its international legal obligations by deporting
someone to Ethiopia who not only is at serious risk of torture, but also faces
the death sentence after being tried in absentia,” Lefkow said.
Ginbot 7, of which Andargachew is a founding member, was established in the
aftermath of Ethiopia’s controversial May 2005 national elections. The
Ethiopian government banned Ginbot 7, which has advocated the armed overthrow
of the Ethiopian government, and officially considers it to be a terrorist
organization.
The government has prosecuted Ginbot 7 members and leaders in trials that did
not meet international fair trial standards. In November 2009, a court
convicted Andargachew and 39 others under the criminal code on
terrorism-related charges. Andargachew, who was tried in absentia, was
sentenced to death. In June 2012, he was convicted again in absentia, this time
under the abusive 2009 anti-terrorism law, along with 23 journalists,
activists, and opposition members. Again, he was sentenced to death.
Human Rights Watch has repeatedly criticized provisions in Ethiopia’s anti-terrorism law that violate due process rights guaranteed under
Ethiopian and international law. At least 34 people, including 11 journalists
and four Ginbot 7 leaders, are known to have been sentenced under the law since
late 2011 in what appeared to be politically motivated trials; the real number
is likely much higher. Suspects held under the law may be detained for up to
four months without charge, among the longest periods under anti-terrorism legislation
worldwide.
Ethiopian courts have shown little independence from the government in politically sensitive cases.
Defendants have regularly been denied access to legal counsel during pretrial
detention, and complaints from defendants of mistreatment and torture have not
been appropriately investigated or addressed – even when defendants have
complained in court.
The Ethiopian government routinely denies that torture and mistreatment occurs
in detention. It restricts access to prisons for international observers,
monitors, and consular officials, making it difficult to monitor the number and
treatment of prisoners. In several cases documented by Human Rights Watch,
Ethiopian security officials have arrested foreign nationals, denied knowledge
of their whereabouts, and delayed access for consular officials for long periods.
In 2007 Human Rights Watch documented the forced transfer of scores of men, women, and children from Somalia and
Kenya to Ethiopia. One of the men, Bashir Makhtal, a Canadian citizen of
Ethiopian origin who was accused of membership of the Ogaden National
Liberation Front (ONLF), a banned armed movement in Ethiopia, was denied consular access for 18
months. Meanwhile in 2010 and again in 2012, refugees registered
with the United Nations High Commissioner for Refugees in Kenya were unlawfully
returned to Ethiopia and told Human Rights Watch that they were subsequently tortured
in detention. In all of these cases, the individuals were accused of belonging
to groups that the Ethiopian government has designated as terrorist groups.
“Given its appalling track record of mistreating members and perceived
supporters of banned groups, Ethiopia should know that the world will be
watching how it treats Andargachew Tsige,” Lefkow said.
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