Article
3 of the
Universal Declaration of Human
Rights (UDHR) proclaims
the right to life, liberty and security of person. Under
Geneva Conventions of August 1949 and Protocols additional
to the Geneva Conventions, in case of armed conflict
not of an international character, principles of humanity
must be safeguarded in all situations. Acts prohibited
in all circumstances include: murder, torture, corporal
punishment, mutilation, outrages upon personal dignity,
hostage-taking, collective punishment, executions without
regular trial and cruel and degrading treatment. Furthermore,
article 51 (1,2,6) of protocol 1, protocols additional
to the Geneva Conventions of 12 August 1949 states that
"The civilian population and individual civilians
shall enjoy general protection against dangers arising
from military operations. The civilian population as
such, as well as individual civilians, shall not be
the object of attack. Acts or threats of violence the
primary purpose of which is to spread terror among the
civilian population are prohibited. Attacks against
the civilian population or civilians by way of reprisals
are prohibited. "
Nevertheless, contrary to
the spirit and the letter of the International Human
Rights Instruments ratified by Ethiopia, the Ethiopian
armed and security forces have carried out systematically
extra-legal, arbitrary and summary executions throughout
the Ogaden with impunity. These extrajudicial killings
have been confirmed by adequate witnesses and documented
by OHRC. The following cases are illustrative of the
above assertions:
Qabridaharre Massacre
Principle 9 of the UN Basic
Principles on the Use of Force and Firearms By Law Enforcement
Officials specifies that, "Intentional lethal
use of firearms may only be made when unavoidable in
order to protect life". In Qabridaharre,
on 15th November 2005, members of Ethiopian
armed forces, who were in pursuit of escaped ONLF and
non-ONLF prisoners opened fire indiscriminately on innocent
civilians who were not involved in the jailbreak. According
to reliable sources and eyewitnesses’ accounts, inmates
at Birgaydhka barracks detention camp, staged peaceful
demonstrations in protest against prison conditions
and to draw authorities’ attention to their other legitimate
grievances. The protesters were suppressed brutally.
The presumed leaders of the protesters had been tortured
severely and denied medical treatment for their injuries
while others were physically eliminated. The prisoners
were demanding among other things, medical care, regular
family visits, to be treated humanely and better living
conditions.
An ex-inmate told OHRC, “Out of desperation we decided to
escape from our jailers otherwise our fate would have
been like that of our colleagues who were tortured and
executed in front of us.”
Qabridaharre massacre claimed
the lives of more than 20 people some of them bled to
death when Ethiopian government troops fired upon rescuers
who were trying to take them to safety in order to nurse
their wounds. Their dead bodies were on display for
two days and denied proper burial.45 other people were
wounded and 12 others are missing. Among the people
who died were: Abdullahi Ahmed Aqib, Abdullahi Gani
Ali, Abdiaziz Muhumed, Abdullahi Ahmed Mohamed, Yusuf
Mohamed Adan, Asad Mohamed Abdullahi, Bashi Mohamed
Hassan, Mohamed Mohamed, Abdirahman Hared Alaki, Geesh
Olad, Anwar Sheikh, Arab Garwah, Amin Mohamed Abdullahi,
Siyad Irgah, Bashi Hassan, Rage Moalim, Abdi Wali.
Many people are nursing their
wounded relatives clandestinely, while others did not
declare their missing relatives to the Ethiopian Authorities
in fear of retribution. So, the victims and their relatives
are too afraid to tell their ordeal.
An elder, who
spoke on condition of anonymity said,” Ethiopian
forces reacted cruelly by using life ammunition and
hand grenades against defenceless civilian population
and their residences.”
As of this writing the Ethiopian
government did not set up any inquiry commission to
investigate into the massacre, which is not the first
massacre committed by its forces since the arrival of
the EPRDF government in Ethiopia 1991.
Farmadow Massacre
In Farmadow, Ethiopian armed
forces carried out a cold-blooded massacre killing seven
innocent civilians and wounding fifteen others On October
26th 2005. The names of the dead are:
Abide Aided Adair, Ahmed-Wail Mohamed Betel, Abide
Hay be Ali, Mohamed Seabee, Wail Omar Gabled, Anise
Abide Sofa Made and Burial Abide Rabbi. No reason was given for their
brutal murder.
Shilaabo Massacre
On June 29th 2005,
in Shilaabo, Ethiopian armed forces killed six people
and wounded many others when they opened fire on a group
of civilians listening to BBC Somali Service in a teashop
for no apparent reason except that they were listening
to an interview with an ONLF member. Among killed were:
Ali Adan dhorre, Hurre Ali Barre, Hassan Faqid
Dhuhul and Sahardid Abdi Ali Horor. Ms Jamila
Aden, the owner of the teashop was seriously wounded.
Madax-Maroodi
Massacre
On March 15th 2005,
Ethiopian government forces killed Mohamed
Bedel Gani,
Mohamed Dahir and Abdirashid Abdullahi all pastoralists from Madax-Maroodi. No justification has been given
for their murder.
Karin-
Bilcille Massacre
On
November 30th 2004, in Karin-Bilcille, Qabridaharre
district, Ethiopian armed forces killed a group of pastoralists
tending their camels in the area. Karin-Bilcille massacre
claimed the lives of the following innocent civilians:
Ahmed Nur, Ali Gurey, Mahad Ali Abshir, Wa’adi Guhad
Adan.
The Ogaden Human Rights Committee
condemns the killing of innocent civilians in Qabridaharre,
Farmadow, Shilaabo, Madax-Maroodi and Karin-Bilcille
massacres and asks for independent, transparent and
thorough investigation into the circumstances, which
led to those human tragedies.
On
April 07th 2004, in Golhabreed, Dhuxun district,
Ethiopian government forces killed Mahamad Hussein
Jamac also known as Indhayare and Fadumo Arab
Shaafi, who was a pregnant mother. Ahmed Mahamad
Abdullahi a year-old baby boy was also wounded.
Ethiopian armed forces opened
fire indiscriminately at a civilian truck, which was
travelling between Wardheer and Qabridaharre killing10
civilians and wounding 17 others, on June 16th
2004. No reason was given for the carnage.
Occasionally, ONLF vigilantes
execute summarily individuals accused of being “Dabaqoodhis”,
a term used by the ONLF frequently to designate collaborators
with Ethiopian armed forces in the Ogaden.
In
December 2004, in Qorraxay, members of ONLF fighters
killed Shukri Makhtal Haybe. According
to his family and friends he was an innocent civilian
with no political affiliation. No reason was given for
his murder.
In September 2004, Members of Ethiopian armed forces
gunned down Abdirahman Sheikh Khalif, Mayor of Jeerin, in public. They claimed that members of ONLF fighters
were seen in the area.
On March 23rd 2005,
in Yucub, Ethiopian government forces killed Abdiwahab
Moallim
Ahmed
and wounded seriously
Osman Ali, on 30th March 2005.
On May 18th 2005,
members of Ethiopian armed forces opened fire on a civilian
convoy travelling between Shaygoosh and Birqod. A hail
of bullets fired upon him, instantly killed Dr. Ahmed
Gurey Abib and two other civilians were wounded.
Dr.Ahmed was a well-known practitioner in Qabridaharre.
No reason has been given for his murder.
In August 2005, in Dhagaxbuur,
militia loyal to Ethiopian security forces killed Mohamed Nuur Abdi
in broad daylight because his cousin was running against
ruling party’s candidate in the elections.
On October 29th
2005, in Barida, Dhuxun district, Ethiopian armed forces
killed Bashir Abdi Abbi and his son. Bashir was
a teashop owner in Barida who has refused to pay extortion
money.
(See Mass Killings, Torture and Disappearances in the Ogaden
ref: OHRC/08/96, Ogaden: No Rights, No Democracy ref:
OHRC/08/97, Ogaden: An Endless Human Tragedy ref: OHRC/12/98,
Ogaden: Graveyard of Rights ref: OHRC/10/99 and Ogaden:
Down trodden and Disenfranchised People ref: OHRC/D15/04).
For further details and names, please refer to the attached
lists at the end of the report.
ii. Forced
Disappearances
According to Principles
on Detention or Imprisonment, principle 12 and 16 (1);
SMR rules 7, 44(3) and 92; Declaration on Enforced Disappearance,
Article 10(2 and 3); principles on Summary Executions,
principle 6; a record of every arrest must be made and
shall include: the reason for arrest; the time of the
arrest; the transferred to place of custody; the time
of appearance before a judicial authority; the identity
of officers involved; precise information on the place
of custody; and details of interrogation. Furthermore,
the UN Declaration on the Protection of All Persons
from Enforced Disappearances requires the authorities
to take effective action to prevent disappearances,
including holding persons in officially recognized places
of detention, and making information concerning the
place of detention and all transfers known to families,
lawyers ... (Article 10(1+2), and ensuring releases
of detainees under circumstances that permit verification
of their release and conditions (Article 11).
A large number of people have
disappeared after being abducted by members of Ethiopian
armed and security forces, while others disappeared
from notorious military detention camps, or were transferred
to secret detention centres in Harar or Addis Ababa.
The fate and whereabouts of those people remain unknown
to their relatives.
Many suspected ONLF sympathizers
have been disappeared in detention without leaving a
trace. In many cases they are presumed dead.
In Boodhley, Ethiopian armed
forces detained illegally, Abdi Ibrahim, Jefad Farah
Abdi, Mohamed Abdi Dahir, Siraje Abdi Shafe’a and Yusuf
Mohamed, on January 17th 2005. They were
transferred to Shaygoosh military barracks, and have
never been seen again.
On
February 10th 2005, in Barmiilka, members
of Ethiopian government forces looted private properties,
and then took with them at gunpoint Fathi Mohamed
Khalif and Omar Moallim Sahardid.
Since then their whereabouts are unknown to their families.
In
Dusmo, Ahmed Dolal Duale, Dayin Ahmed Gabane, H.
Farah Mursal and Nassir Adan Dhari were detained
by Ethiopian armed forces on March5th 2004.
They were accused of supporting and sympathising with
the ONLF and were transferred to Awaare military barracks,
where they were subjected to extensive torture, and
subsequently disappeared.
On May 1st 2004, in Ananu,
Awaare district, Ethiopian armed forces abducted Arrablow
Mohamed Hassan and Barre Mohamed Mohamoud
two nomads who were watering their camels. Since their
abduction their families and relatives have no knowledge
about their whereabouts.
Militia loyal to Mr.Reyale
Kahin detained Khalif Abdullahi Omar in Burao,
Northwest Somalia, on June 10th 2004.
He was accused of being a member of the ONLF and was
subjected to extensive torture. His whereabouts are
unknown to his family.
(See Mass Killings, Torture
and Disappearances in the Ogaden ref: OHRC/08/96, Ogaden:
No Rights, No Democracy ref: OHRC/08/97, Ogaden: An
Endless Human Tragedy ref: OHRC/12/98, Ogaden: Graveyard
of Rights ref: OHRC/10/99 and Ogaden: Down trodden and
Disenfranchised People ref: OHRC/D15/04). For further
details and names, please refer to the attached lists
at the end of the report.
iii. Crime
of Rape
Women and children are the
most vulnerable groups to suffer abuse and violence
in the Ogaden. Many women were detained, tortured, raped,
maltreated for being activists of the Ogaden Women’s
Democratic Association or relatives of ONLF members.
A number of children, were detained, tortured or molested
by Ethiopian security forces as well.
Article 1 of the Declaration
on the Elimination of Violence against Women ( DEVW)
states that: For the purposes of this Declaration, the term « violence
against women » means any act of gender-based violence
that results in, or is likely to result in, physical,
sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public
or in private life.
In article 2 it states that : Violence against women shall
be understood to encompass, but not limited to the following:
a) Physical,
sexual and psychological violence ocurring in the family,
including battering, sexual abuse of female children
in the household, dowry related violence, marital rape,
female genital mutilation and other traditional practices
harmful to women, non-spousal violence and violence
related to exploitation ;
b) phsical, sexual and psychological violence occurring within
the general
community, including rape, sexual abuse,
sexual harassment and intimid-
ation at work, in educational institutions
and elsewhere, trafficking in
women and forced prostitution;
c) physical, sexual and psychological violence perpetrated
or condoned by the
State, wherever it occurs.
The Declaration on the Protection
of Women and Children in Emergency and Armed Conflict
was proclaimed by the General Assembly in 1974. The
Declaration states that all forms of repression and
cruel and inhuman treatment of women and children —
including imprisonment, torture, shooting, mass arrests,
collective punishment and destruction of dwellings and
forcible eviction — committed by belligerents in the
course of military operations or in occupied territories
are to be considered criminal.
The Convention on the Rights
of the Child, in Sub‑article (l and 4) of Article
38 states that:” State Parties undertake to respect
and ensure respect for rules of international humanitarian
law applicable to them in armed conflicts, which are
relevant to the child. In accordance with their obligations
under international humanitarian law to protect the
civilian population in armed conflicts, State Parties
shall take all feasible measures to ensure protection
and care of children who are affected by an armed conflict."
The Ogaden Human Rights Committee
is alarmed at the massive rise in rape victims and the
number of women who contracted HIV/AIDS virus after
being raped by members of Ethiopian armed forces.
In
Golhabreed, Dhuxun district, members of Ethiopian government
forces beaten up and gang- raped Hafsa Takhal Hussein
and Asili Ahmed Adan, on April 07th 2004.
On
June 06th 2004, in Hadhaawe, Godey Region,
members of Ethiopian armed forces gang-raped Wadiya
Mohamed Aidid a teenage girl, who passed away after
the crime.
In Fiiq, Ethiopian soldiers gang-raped Saredo Emar Ibrahim, a thirteen-years
– old girl. Her genitals were severely damaged then
she was transferred to Harar Hospital for treatment.
In September 2004, in Xamaro, an Ethiopian soldier attempted to rape Ubax
Mohamed Khalif. When she managed to escape from
him, he threw a hand-grenade at her. She suffered serious
injuries caused by the bomb shrapnel.
A number of women are being
held in the Ethiopian military barracks throughout the
Ogaden as comfort women (sex slaves) against their will.
Many cases of forced marriages have been reported as
well.
Many women and young girls
raped by Ethiopian armed forces in the Ogaden fled their
homeland and took refuge in neighbouring countries,
namely Kenya, Djibouti and Somalia. The victims can
no longer lead a normal life in their country because
of the rape stigma.
The victims and their families
have been warned not to speak of their bitter experiences
to anyone, or else they would be severely punished.
To the best of the Ogaden Human Rights Committee’s knowledge,
no one has been charged for this horrendous crime.
(See Mass Killings, Torture
and Disappearances in the Ogaden ref: OHRC/08/96, Ogaden:
No Rights, No Democracy ref: OHRC/08/97, Ogaden: An
Endless Human Tragedy ref: OHRC/12/98, Ogaden: Graveyard
of Rights ref: OHRC/10/99 and Ogaden: Down trodden and
Disenfranchised People ref: OHRC/D15/04). For further
details and names, please refer to the attached lists
at the end of the report.
iv. Torture
and ill- Treatment
Article 2 of the Convention
against Torture and other Cruel, inhuman or Degrading
Treatment or Punishment states that "Each
State party shall take effective legislative, administrative,
judicial or other measures to prevent acts of torture
in any territory under its jurisdiction. No exceptional
circumstances whatsoever, whether a state of war or
a threat of war, internal political instability or any
other public emergency, may be invoked as a justification
of torture. An order from a superior officer or a public
authority may not be invoked as a justification of torture."
Common article 3 of
the Geneva Conventions of 1949 prohibits torture during
internal armed conflict. States are also required to
bring those responsible for torture to justice and to
give redress and compensation to those who have been
tortured.
In the Ogaden,
there is neither arrest nor interrogation without torture.
Usually, Ethiopian armed and security forces systematically
torture suspected ONLF members to extract confessions
or information about ONLF. A number of people were tortured
to death. The OHRC has examined a large number of torture
survivors; some of them were disabled, while others
bore scars of torture on their bodies.
Ethiopian security
forces detained Khalif .X.Y, a civilian without
political affiliation, in Baabile, and then transferred
to prison in Jigjiga, in 2005. He was accused of sympathizing
with “anti-peace elements”, a term Ethiopian authorities
frequently use to designate members of ONLF fighters.
Every night he was taken out of his prison cell at gunpoint,
blindfolded and tied up for interrogation under torture.
During his detention he underwent severe physical and
psychological torture in the form of indiscriminate
beating with heavy sticks, electric wires, guns butts
and threats of shooting him to death by charging guns
in front of him and aiming at his head.
He was released
after three months of detention without formal charge
or trial after his family paid the requested extortion
money.
" As I told you I
was subjected to extensive torture. You can see badly
healed scars covering all my body. Now I cannot lead
a normal life because I lost one hand and one leg as
a result of torture and lack of medical care,” he
said to Ogaden Human Rights Committee’s researcher.
Abdi Dayib Abdi, a pastoralist, was detained, on 20th September 2005, in Gurdumi.
He was transferred to military barracks, where members
of Ethiopian armed forces tied him upside-down and beat
him indiscriminately by gun butts and heavy sticks.
He was denied medical treatment.
On October 20th
2005, Ethiopian armed forces detained and beaten up
a group of nomads tending their camels, in Kuus-cawl,
Fiiq district. When they released them they shot at
them and gravely wounded, Hassan Sheikh Omar, Hussein
Sheikh Bashir, Shafi Mohamed Wiyil and Halimo Abdi Hussein.
On December 09th
2005, in Garbo, Ethiopian forces detained and severely
tortured Addawe Ga’iye. He has been beaten indiscriminately
by iron bar and scars are covered all over his body.
Hassan Askar Muhumed was also detained and tortured.
His two hands were broken as a result of the torture.
Persecution
of Somalis from the Ogaden in Hargeisa
On November 30th
2003, 75 Somalis from the Ogaden were arrested and their
properties confiscated, in Hargeisa, Northwest Somalia. Several weeks later most of the detainees were released after
they paid extortion money.
However, the remaining detainees
were accused of ONLF sympathy and membership and were
transferred to Hargeisa Central Jail. They were subjected
to extensive torture and maltreatment in the jail during
interrogation to extract confessions and information
about the ONLF. Many of them are bearing scars of torture
on their bodies.
On September 02nd
2005, 28 detainees have been brought before the Hargeisa
High Court, which examined their case and acquitted
them ordering their immediate release for lack of evidence.
However, the Police and the Public Prosecutor, in defiance
of the court order, returned them to their prison cells.
The following two detainees passed away in custody.
Hiis
Muse Jama was subjected to extensive physical and psychological torture in Hargeisa
Central Jail. He was denied medical treatment and passed
away in his cell in September 2005.
On December 30th 2005,
Ahmed Mohamoud Hussein died in Hargeisa Central
Jail. The cause of his death was torture, maltreatment
and lack of medical attention. Four other inmates are
in a critical condition and are being denied medical
treatment.
The OHRC, which called for
them to be either charged with recognizable criminal
offences and given fair trials or released unconditionally,
welcomes Hargeisa High Court’s ruling and asks their
unconditional and immediate release.
To the best of OHRC’s knowledge,
the detainees were traders, labourers, residents and
visitors, who were not, involved in any illegal activities,
and have no political affiliation whatsoever.
(See Ogaden: Downtrodden Disenfranchised
People ref: OHRC/D15/04, Self-Republic of Somaliland:
Seeks recognition and favour through detentions, torture,
confiscation of property and forced repatriation of
Somalis, Ref: OHRC/12/03 and Self -declared Republic
of Somaliland: Persecution, intimidation, detentions
and torture of Somalis from the Ogaden unabated ref:
OHRC/2PR/05). For further details and names, please
refer to the attached lists at the end of the report.
Torture
methods employed against detainees by the Ethiopian
armed and security forces in the Ogaden are numerous,
few among them are:
- An indiscriminate beating with
gun butts and barrels, heavy sticks or iron bars.
- Gang raping of women and child
molestation.
- Beatings on the soles of the feet,
joints, ankles, shinbone and the testicles.
- Knocking detainee’s head into
detention walls.
- Victims are burned with cigarettes.
- Deprivation of sleep and food.
- Death threats, with charged guns
pointed at the head.
- Suffocation of detainees by burying
them alive, which causes death in many cases.
- Forcing detainees to drink urine
or salty water.
- Suspending from the roof upside‑down.
- Denial of sanitary visits.
- Victims are left for extended
periods, in prostrate position under the burning sun
with their hands and legs tied together behind the
back.
(See Mass Killings,
Torture and Disappearances in the Ogaden ref: OHRC/08/96,
Ogaden: No Rights, No Democracy ref: OHRC/08/97, Ogaden:
An Endless Human Tragedy ref: OHRC/12/98, Ogaden: Graveyard
of Rights ref: OHRC/10/99 and Ogaden: Downtrodden Disenfranchised
People ref: OHRC/D15/04 and Self -declared Republic
of Somaliland: Persecution, intimidation, detentions
and torture of Somalis from the Ogaden unabated ref:
OHRC/2PR/05). For further details and names, please
refer to the attached lists at the end of the report. |
