Amendment of terror charges requested by court during November 12 hearing
Wednesday morning members of the Zone 9 Bloggers, together with the three journalists, arrived to another court session at Lideta High Court, Addis Ababa.
During this session there was an order to amend the terrorism charges. In an interview (Amharic) with Ameha Mekonnen, defence lawyer of the bloggers, it is said that the charges in its present form does not mention what kind of terrorism the bloggers and journalists are alleged to have been plotting. It only says that they are accused of organizing themselves and designing terrorism without mentioning how. The court therefore ordered an amendment of about eight points of the terrorism charges. The charges should specify the acts of terrorism the bloggers and journalists are alleged to have been doing, otherwise the trial may not be able to continue with the present charge. For details in English, read Interview with the lawyer of Zone 9 bloggers below.
Aslo, the court decided to drop the second charge of the bloggers. However, the major themes of the second charge are covered in the first charge, which the bloggers still are accused of.
Edom Kasaye, one of the journalists, complained that her family continues facing harassment by the police while trying to visit her at the Kality prison. Edom and blogger Mahlet Fantahun have also complained about deteriorating prison conditions, but one of the prison officials denied all allegations of ill-treatment. The case will be seen again during the next court hearing.
Reports coming from the hearing tells that even though observers gave up their places, there was not enough room for family and friends in the court.
The trial is adjourned for the 12th time. The next hearing will take place on December 3, 2014. During the coming trial the hearing of the amended terrorism charges will take place.
Interview with the lawyer of Zone 9 bloggers
This is an excerpt of the interview with the lawyer of Zone 9 bloggers about his reaction on the November 12, 2014 trial of the bloggers and journalists. The interview was conducted in Amharic by the so called BBN radio and translated by the administrator of this site.
As it is known after the prosecutor presented charges against journalists and bloggers we have presented detailed legal and thematic preliminary defense arguments and the prosecutors have argued against our arguments and presented what they believed is valid. Today’s hearing was therefore;for the court to give verdict based on our arguments and with reference to the law. So the court has given a verdict.
The court ordered unless the prosecutors amend and present detailed terror charges against the journalists and the bloggers the trial might not be able to continue with the present charge. The court requested the prosecutor to amend the terror charges on about eight points. I am only telling you the ones I have taken a note during the verdict. We will see further details when we receive the written verdict. However the court requested the prosecutor to amend the charges on basic issues. These are
- On the charge sheet the prosecutor cited Article 4 of the Anti-terrorism law of 2009. However Article 4 of the Anti-terrorism law could only be cited if the accused have violated (prepare, plan or/and organize) one or two of the six actions of terror as stipulated in Article 3 of the same law. But in our preliminary defense statement we have argued that the charge doesn’t specify which sub-articles are violated by the accused. And the court has accepted our argument and ordered the prosecutor to amend the charge based on this recommendation.
- The other thing, is in the charge sheet the prosecutor has used terms like groups and organizations on one hand to refer to the accused as a group and on the other hand to refer to opposition groups like Ginbot 7 and OLF. So the court requested the prosecutor to specify which terms refers to which group.
- The third thing is the court ordered clarification on the charges regarding the clandestine classification of duties and responsibilities of the bloggers.The court requested clarity on this who took what kinds of responsibilities. On accepting mission and strategies on the so called “terrorist organizations” from the accused who took what kinds of strategies to conspire against the constitutional order should be specified. On the training’s which allegedly the accused have partaken the court again required the prosecutor to specify what kind of training they have taken, who took part in the training and when the training was held.
- The court canceled the second charge since the major themes of the charge are mentioned on the first charge.
Finally the court has adjourned the hearing for December 3 to hear on the amended charges.
The other issue raised today was about the prison situation of the two accused female blogger and journalist. The two females who have reported ill-treatment in Kality prison again reported the deteriorating situations. However a person who claimed himself as a legal officer of the prison has denied any kind of ill-treatment against them. But the court ordered to verify and solve this problem and report back on the next hearing. Generally we are happy that the court has taken time to look at our arguments and give us a favorable verdict.
The dramatic trial re-adjourned for 12 November, 2014 after short proceedings
The trial of zone9 bloggers and journalist allies is re-adjourned for November 12, 2014 for a record 11th times in just six months of their incarceration. The long awaited trial was adjourned after a brief procedure in confused manner that involved the arrest of the brother of one of the accused bloggers for attempting to take a picture of his own brother, changing the court room for the hearing and replacing the presiding judges of the case with new judges.
On separate news tomorrow at 10:00 am the bloggers will be brought to Supreme Court to appeal for their bail.
Detailed write up about today’s incident soon.
The trial of the Zone9 bloggers and journalist allies adjourned for 4th of November, 2014 for 10th time.
The trial is re-adjourned for 4th of November 2014 for the 10th times in a row. In an opening defense statement the bloggers and the journalist have argued that the charges presented them were not procedural and have serious breaches of their constitutional rights and they have asked the judge to dismiss the case and release them but the judge adjourned the case for 4th of November to decide on the legality of their defense statement.
In a written opening defense statement, which its English transcript available on this blog; the defendants claimed the charges signifies serious defects of reasoning, and have incurred incorrect application of the procedural provisions as stipulated in the Ethiopian law of criminal procedure of article 112. In response the prosecutors rejected the defense statements.
The trial was not started on time since the judge arrived to the court room late.
Violation of the bloggers right in Kality prison
The two female prisoners namely Edom Kassaye and Mahlet Fantahun complained to the court that their rights have been violated in Kality prison. The bloggers complained that they are labeled as ‘terrorist’ inside the prison. They protested that with the exception of their few family members they are not allowed to be visited by their loved ones. They also complained that their family members who are permitted to visit them have to pass through brutal treatment at the gates of Kality prison. The judge ordered the head of the Kality prison to give an explanation to the bloggers’ grievances. Despite the individual in question was seen inside the court compound she/he was reported as ‘not in attendance’ in the court; hence the judge rescheduled to hear the case on 21st of October, 2014 up on the request by Edom Kassaye.
Family & Friends allowed attending the trial
Since the court room was at full capacity with loved ones of the bloggers some friends and family members of the bloggers and journalists were forced to wait outside the court room.