Amnesty International Urgent Action UA: 207/09
AI Index: AFR 25/005/2009
30 July 2009
unfair trial/death penalty
Summary: Bashir Makhtal, an Ethiopian-born Canadian citizen, was found guilty of terror-related charges on 27 July amid concerns of an unfair trial in Addis Ababa, the capital of Ethiopia. He is due to be sentenced on 3 August and could be sentenced to death.
Bashir Makhtal was convicted by a court in Addis Ababa on three charges—inciting rebellion by aiding and abetting the Ogaden National Liberation Front (ONLF), an armed opposition group in the Somali region of Ethiopia; being a senior member of the ONLF; and involvement in training of ONLF members. The High Court of Ethiopia is scheduled to hand down his sentence on 3 August. The charges on which he was convicted carry a possible death sentence and there are concerns that the trial was unfair. Bashir Makhtal’s grandfather was one of the founders of the ONLF, but Bahsir Makhtal has denied any involvement with the ONLF.
Bashir Makhtal had been held incommunicado detention in Ethiopia for two-and-a-half years after being secretly transferred from Kenya in 2006. He had been arrested on Kenya's border with Somalia, though it is unclear on what grounds the Kenyan authorities arrested him. He was due to appear before a Kenyan court, but was transferred to Ethiopia. Bashir Makhtal was brought before an Ethiopian military tribunal, which operated in Amharic, the official language of Ethiopia, which Bashir Makhtal does not understand. He was denied access to a lawyer to represent him in these hearings.
On 1 February 2009, Bashir Makhtal was allowed to meet with family members for the first time since his initial detention in Kenya. His case was eventually transferred to the civilian court system and he was able to meet with a lawyer. He and his lawyer were not given clear information about the charges he was facing. Bashir Makhtal's trial was postponed several times. He was not permitted to meet regularly with his lawyer, and he has never been permitted to meet privately with him. During the trial, neither Bashir Makhtal nor his lawyer were permitted to cross-examine prosecution witnesses. He was unable to call any witnesses in his defence, as many who could have been called had fled the country fearing for their safety.
Canadian embassy officials have only had limited access to Bashir Makhtal, and only in the presence of prison staff. They were permitted to attend the trial.
PLEASE WRITE IMMEDIATELY in English or your own language:
-Urging the Ethiopian authorities not to impose the death penalty on Bashir Makhtal
-Expressing concerns that Bashir Makhtal’s trial was unfair
-Calling on Ethiopian officials to allow Bashir Makhtal full and unrestricted access to his lawyer, Canadian embassy officials, his family and any medical care he may require
Write to:
Berhanu Hailu
Ministry of Justice
P.O. Box 1370
Addis Ababa
Ethiopia
Fax: +251 11 551 7775
Email: justice@telecom.net.et
ministry-justice@telecom.net.et
Copies to:
The Hon. Lawrence Cannon
Minister of Foreign Affairs
Ministry of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, NO K1A 0G2
Canada
Fax: +1 613 996 9709
Ethiopian Human Rights Commission
PO Box 1165
Addis Ababa
Ethiopia
Fax: +251 11 618 0041
Email: hrcom@ethionet.et
Please take action as soon as possible!