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Human Rights For All

HUMAN RIGHTS ABUSES

A. Extrajudicial Executions
B. Forced Disappearances
C. Crime of Rape and Child Molestation
D. Political Imprisonment
E. Torture And lll- Treatment
F. Other Abuses

3. HUMAN RIGHTS ABUSES

The Ogaden Human Rights Committee (OHRC), which monitored closely the human rights situation in the Ogaden for the last eight years, confirms the deterioration of the human rights situation in the region on a daily basis. Therefore, the OHRC believes that the Ethiopian government's accession to the treaties was merely intended to mislead the international community, in order to avoid international public censure over its human rights record, and also to get more aid from donor countries, which demand the improvement of human rights situation in the Third World Countries which receive their aid.

In the Ogaden, arbitrary detentions without charge or trial, torture of detainees to death, summary executions, gang raping of women, child molestation, looting and illegal confiscation of property are commonplace, and are daily practiced by Ethiopian army and security forces with impunity.

To illustrate the abovementioned assertions, some cases are detailed in the following pages, while other cases are listed and attached at the end of the report, with brief notes indicating the destiny of the victim(s).

A. Extrajudicial Executions

Article 3 of the 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 state 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:

On March 25th 2000, Mohamed Ahmed, also known as "Dhadac", Cawl-ku-Dhal commissioner, Dhagaxbuur Region, was gunned down in broad daylight, in front of his family by members of Ethiopian government forces. His body was forbidden to be buried and was displayed in public to spread terror among the civilian population. No reason was given for his murder.

In February 2001, Hassan Abdi Aynanshe, Businessman, after a tip-off Ethiopian government forces stopped the vehicle in which he was travelling near Nusdariiqa.On board were also two ONLF members. His cash and other properties were confiscated, and then was gunned down in front of his travel mates. The two ONLF members were detained, and then transferred to Qabridaharre military barracks. No reason has been given for his murder.

On March 05th 2001, in defiance of international treaties, which prohibit reprisals against civilian population, Ethiopian armed forces, who were earlier defeated in an engagement with ONLF fighters took revenge on defenceless civilians in Labiga, a village near Dhagaxbuur. The Ethiopian reprisals have claimed the lives of ten civilians, while five others sustained serious injuries. Among killed were: Ahmed Wariye, Abdi Madobe Ahmed, Yusuf Rabi, Farah Ali, Ali Ahmed, Mohamed Omar and Nur Ahmed Gaydh, all nomads.

In Mach 2002, in Obole, Diirane and Ahmed Nur, were arrested, their property confiscated, and then shot dead.

On April 27th 2002, Mawlid Ahmed Ali, Abshir Ahmed Ali and Muhumed Adan, three pastoralists from Garawo, Dhagaxbuur Region, two brothers and their nephew respectively, were killed by firing squad. Their dead bodies riddled with bullets were recovered from the entrance of Ethiopian military barracks.

On February 04th 2003, in Nusdariiqa, the following individuals were killed, without due process of law by Ethiopian armed forces: Nur Abdi Osman, Abdihakim Sh. Mohamed, Rashid Ismail Mohamed, Mohamed Dahir Madobe, and Abdi Ahmednur, all nomads. They were accused of sympathizing with "anti-peace elements", a term Ethiopian authorities frequently use to designate members of ONLF fighters.

On March 04th 2003, Shafi Kad Hussein and Farah Mohamed Ali, two pastoralists from Dhanaan, were arrested, beaten up, and then shot dead by Ethiopian armed forces because they refused to slaughter ten of their goats for them as they demanded.
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.

On March 14th 2003, in Laan Jaleelo, Qorraxey Region, ONLF vigilantes accused Qorane Salal of being an enemy spy. He was killed by a firing squad without due process of law.

On March 17th 2003, in Gurdumi, Mandad Ahmed Adan was shot dead by Ethiopian armed forces, because he was related to an ONLF member.
On April 18th 2003, Abdi Mohamoud Abbi, civilian from Qoriile, was arrested for not paying extortion money. He has been tortured, and then shot dead.
On June 17th 2003, in Bulaale, Abdi Ahmed Adan, Camel-herder, aged 15, was shot dead by Ethiopian armed forces, while he was watering his camels. No reason has been given for his brutal murder.
On July 27th 2003, members of the Ethiopian forces abducted Ardo Ali and Fadumo Hassan, two nomad girls, from Dhuhun area, at gunpoint. After a week their headless, limbless torsos were found in a nearby bush. Their sexual organs were severely damaged, as a result of sexual violence. Their death was a terrible shock to their respective families, who sent them to collect firewood from a nearby bush.

On June 24th 2003, in Bohol-Xagarre, Godey Region, Ethiopian government forces shot dead Ahmed Ali, civilian, in his forties. No reason has been given for his murder.

On September 30th 2003, in Dhanaan, Godey Region, Wa'di Sheikh Mohamed, 22, student, was detained by Ethiopian government forces. He was accused of being ONLF supporter. Wa'di was transferred to Ethiopian military barracks, and then was tortured to death. His family has been asked to collect his dead body from military barracks for burial.
On October 08th 2003, in Danood, Ahmed Abdi Da'ar, trader, was gunned down by Ethiopian government forces. He refused to pay extortion money.
On October 08th 2003, Hussein Abdulqadir Adan, civilian, from Awaare, was shot dead in front of his family. No reason was given for his murder.

On October 08th 2003, in Caado, members of Ethiopian government forces abducted Fadumo Mohamed Abdi, a nomad girl. Her disfigured body was found on October 11th 2003. She was sexually assaulted.

On October 09th 2003, Ethiopian government forces killed Hassan Ahmed Bu'ul, Pastoralist, from Garoonka. He was peacefully looking after his flock.

On October 10th 2003, in Dig, Ahmed Nur Shafi, nomad, was executed in broad daylight to avenge the death of an Ethiopian soldier killed by ONLF.

On October 20th 2003, Halimo Moalin Abdi, a nomad girl, from Wajiwaaji, was abducted, gang raped, and then strangled to death by members of Ethiopian armed forces.
On 15th November 2003, in Toon-Ceeley, Ethiopian troops, who went on a looting spree opened fire indiscriminately on civilians, who were protecting their property from the pillage. Abdullahi Omar Gardaran, was killed, while the following individuals were wounded, Abdi Ali Ahmed, Hakim Muhumed Magan and Iwal Bihi Burale.

On November 30th 2003, in Sararweyne, violent clashes erupted between members of Ethiopian armed forces - who were looting a civilian lorry loaded with different commodities owned by civilian - and armed Somali tribesmen in the area, who were protecting the civilians and their belongings from the pillage. The fighting resulted in killing 4 Ethiopian soldiers. As an act of reprisals Ethiopian government forces cordoned off Sararweyne for 3 days. During the siege of the town mass arrests, widespread lootings and extensive damage of private properties were reported.

On December 04th 2003, Mohamed Matan and Ina Ali Samatar Olujog, two civilians, from Sararweyne, were executed in public, in broad daylight by Ethiopian government forces to avenge the death of 4 Ethiopian soldiers killed by the tribesmen, who were defending the unarmed civilians and their properties.

On December 13th 2003, in Qabridaharre, Ethiopain armed forces killed Hared Ade'a. No reason was given for his murder.

(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 and Ogaden: Graveyard of Rights ref: OHRC/10/99). For further details and names, please refer to the attached lists at the end of the report.

C. Crime of Rape and Child Molestation

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."

Since the current Ethiopian government came to power in 1991, a large number of women have been detained, tortured, raped, disappeared or killed. Many children were also detained, tortured, molested, disappeared or killed by the Ethiopian armed and security forces.

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.

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.

In regard to child abuse, many children were molested by paedophiles from the Ethiopian armed and security forces. When the parents and relatives of the sexually assaulted children protested they were detained and beaten cruelly in public.
In August 2001, Mohamed-Daq Abdi Guhad, a little boy aged 9, was molested by an Ethiopian soldier. When members of his family protested, they were detained, beaten up and told to keep quiet or else they will face grave consequences.

In March 2002, in Harar, Ethiopian security agents detained Samira Abdosh. Samira described her ordeal as the following: " I was arrested on a Saturday, and detained at Harar township Police Station. After ten days I was transferred to 13 Kifle Dor military barracks, which is not far from Hiwot Fana Hospital. They accused me of being ONLF supporter. I was subjected to daily interrogation under torture in the form of extensive and indiscriminate beating. Alemayu, the officer, who was in charge of my interrogation and torture, raped me."

"Alemayu told me that I would be tortured to death if I do not confess my membership in the ONLF and tell him the names of ONLF members in Harar. I was deprived of sleep and food for many days and never given medical treatment."

"On 04 September 2002, I escaped from my torturers. While I was in detention members of my family were constantly interrogated and harassed by Ethiopian security forces."
On August 20th 2002, Roda Abdullahi Ahmed, an under-age nomad girl, was gang raped by members of the Ethiopian armed forces. She was transferred to Qabridaharre hospital for treatment. Her sexual organ was severely damaged.
On September 03rd 2002, in Qabridaharre, Fardowsa Ahmed and Amina Wali were abducted and gang-raped by members of Ethiopian armed forces. They were transferred to military barracks, where they are being held as comfort women against their will. Amina-Zahra and Nimo Ali are also being kept in Qabridaharre military barracks against their will. According to released detainees accounts they are being nightly raped and their screams of pain and for help are being hear in the neighbourhood.

On May 02nd 2003, in Awaare, Ethiopian police rounded up a group of civilians, among them were a dozen of young girls. They have been detained in the police station, where the girls were separated from other male detainees, and then were transferred to the military barracks at the request of the security forces. They have been extensively tortured and gang raped. Three of them got pregnant as result of the rape. Among victims were: Amina Yusuf Mahad and her sister Deqa Yusuf Mahad, Shahid Mahamoud Gurase and her sister Bisharo Mohamoud Gurase, Khadra Haji Muhumed, Nadiso Abdi Geele, Hinda Mohamed Mohamoud, Hodan Abdullahi Deg and Malka Shukri Adan, the last three victims are pregnant as a result of the rape.

On May 20th 2003, in Birqod, Halimo Hashi, a 7- month pregnant mother, was raped by Ethiopian soldiers by turns. She is in a poor state of health.

In December 2003, in Daacadhuur, members of the Ethiopian government forces abducted at gun point Sahra Bashir Abdullahi and Zeinab Ibrahim Hussein, two nomad young girls. Ethiopian soldiers took Sahra and Zeinaba to the military barracks where they were extensively beaten and then gang raped.

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.
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.

(See Human Rights Violations in the Ogaden by Ethiopia, 1991 to 1996 ref: OHRC/01/96, Ogaden: No Rights, No Democracy ref: OHRC/08/97, Ogaden: An Endless Human Tragedy ref: OHRC/12/98 and Ogaden: Graveyard of Rights ref: OHRC/10/99).

For further details and names, please refer to the attached lists at the end of the report.

D. Political Imprisonment

According to the Principles on Detention or Imprisonment, in particular principles 1, 22, 24, 25 and 26 and SMR rules 9-14, 17-19, detainees shall be kept in humane facilities, designed to preserve health, and shall be provided with adequate food, water, shelter, clothing, medical services, exercise and items of personal hygiene.

However, the Ethiopian authorities held thousands of Somali Ogadenis in overcrowded and filthy military detention camps. The detainees are civilians, including women, elderly people and minors, accused of membership or sympathising with the ONLF.They are detained for years or many months without charges or trial.

The UN Standard Minimum Rules for treatment of prisoners requires that prisoners are given prompt access to their families, lawyers and to their own doctor, but the Ethiopian law ignores these rights completely.

According to released detainees' testimonies, detainees are maltreated, tortured and beaten routinely in all these camps during interrogations to extract confessions and information about the ONLF. An ex-detainee said, "Living conditions in detention camps are very desperate and inhumane."

Article 2 of the Universal Declaration of Human Rights (UDHR) states that: " Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status..."
Article 7 of the ICCPR, provides, inter alia, that:" No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment... " Article 9 prohibits arbitrary arrest or detention, and provides that anyone who is arrested shall be informed, at the time of arrest, of reasons for his or her arrest and shall be promptly informed of any charges against him.

Article 10 provides that all persons deprived of their liberty are to be treated with humanity. Article 18 provides for freedom of movement and freedom to choose a residence. Article 19 of the ICCPR protects freedom of speech and opinion, and provides, inter alia, that: " Everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice ... " Article 10 of the UDHR states that:" Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

Nevertheless, for the last eleven years, hundreds of Ogadenis, including politicians, religious scholars, businessmen, students, pastoralists, children, women and elderly people have been detained, tortured, disappeared or killed by the Ethiopian army and security forces, because of their ethnic background, language, religion, or political opinion. No one was ever brought before a public hearing. These abuses took place unchecked in the towns as well as in the rural areas. Many were detained in order to extort money. Scores died in detention, were tortured, and many others disappeared without leaving a trace.

Ethiopian government's policy of keeping political prisoners in detention indefinitely without charges or trial has not changed. However, Ethiopian armed and security forces periodically round up as many people as possible for ransom and when the extortion money is paid, the detainees are released. So, there are many individuals who were detained several times and then released.

Abdullahi Haliye, Ahmed Mohamed and Abdullahi Qaji, members of ONLF Central Committee, were detained in Hargeisa, Northwest Somalia, on 31 July 1996, by militia loyal to Mr. Egal, while they were visiting their relatives in the area. (See Mass Killings, Torture and Disappearances in the Ogaden ref: OHRC/08/96).

On October 20th 1996, they were handed over to the Ethiopian government against their will, in exchange for ammunition. After repatriation, they were transferred to prison in Diri-Dhabo (Dire-Dawa). The International Committee of the Red Cross (ICRC), was given access to them, and has visited them several times. They have been brought before the regional court several times. Each time, they were taken back to their cells for lack of evidence.

In May 1997, they were brought before the regional court, which examined their case and acquitted them. The court declared that the police had no reason to continue holding them. Nevertheless, the prosecutor and the police, in defiance of the court order, decided to transfer them to military detention camp in Harar.

In January 1998, they were brought before the High Court in Addis Ababa, which examined their case and acquitted them ordering their release. However, the police and the prosecutor, in defiance of the court order, transferred them to prison in Dire Dawa. They appointed a lawyer from Dire Dawa to represent them, but authorities warned him not to interfere in the case.

On August 11th 1999, they were brought before Dire Dawa High Court again. After having been asked their names, they were taken back to their prison cells.
In December 2002, they were brought before Dire Dawa High Court. Ahmed Mohamed and Abdullahi Qaji, were released by the court after more than seven years of illegal detention without charges or trial. They were tortured while being held in jail for their political activities. No redress was given to them.

Abdullahi Haliye has been charged with inciting armed rebellion. He pleaded not guilty. The court's sentence was 15 years' imprisonment. He was not informed of the particulars of the charges and reasons for his arrest, was not give access to any evidence presented against him, and was not represented by a legal counsel.

Hence, he did not receive fair trial in accordance with recognized international standards. On the basis of available information about his case, the OHRC believes that there was not credible evidence of his involvement in any illegal activity, and his trial was a mockery of justice, and considers him a prisoner of conscience.

The OHRC, which called for them to be either charged with recognizable criminal offences and given fair trials or released unconditionally, welcomes the release of Ahmed Mohamed and Abdullahi Qaji, and asks the unconditional and immediate release of their jail mate. (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 and Ogaden: Graveyard of Rights ref: OHRC/10/99).

Three ex-governors were detained, in April 1997. They are Yusuf Muhumed Moalin, Mohamed Abdirahman and Bashir Sheikh Abdi, ex-governor of Dhagaxbuur Region, ex-governor of Wardheer Region and ex-governor of Hararge Province respectively. They had been held incommunicado detention without charge or trial. No clear reason has been given for their unlawful detention. According to ex-jail mates and relatives' accounts they have undergone severe physical and psychological torture. Bashir Sheikh Abdi, who was an old man and in a poor state of health, was denied adequate medical treatment. Because of torture and lack of medical attention he died in his prison cell in 2001. On April 23rd 2003, Yusuf Muhumed and Mohamed Abdirahman were brought before Diri-Dhabo High Court. After having been asked their names, they were taken back to their prison cells. They are still in detention as of this writing. The Ogaden Human Rights Committee believes that the two may be prisoners of conscience. (Ogaden: No Rights, No Democracy ref: OHRC/08/97, Ogaden: Graveyard of Rights ref: OHRC/10/99).

A teacher, in Dhagaxbuur, Mohamed Abdi Geele, 35, was arrested in April 2001, and held in incommunicado. He has been accused of supporting and sympathising with ONLF. While in detention he has been tortured extensively and indiscriminately. His family has been constantly harassed by Ethiopian Security Forces, and fled the country after being warned of plans to arrest them. In January 2003, he escaped from his torturers while he was being transferred to an unknown location.

In September and October 2001, in Dhagaxbuur, Qabridaharre, Garbo Dhagaxmadow and Imey, many citizens were detained for being activist of the Ogaden Women's Democratic Association (OWDA) or Ogaden Youth Organization, while others were detained for airing views critical of the Ethiopian government's policies in the Ogaden. Among detainees were: Sahra Abdirahman, Qureish Osman, Hinda Osman Nur, Shukri Ahmed Bodleh, Deyr Ahmed Bodleh, Matan Omar Mubarak, Hassan Omar Mubarak, Sodleh Ali Tarab, Yusuf Ali Farur, Mohamed Ibrahim Farur, Mukhtar Mohamed Elmi, Bedel Ibrahim Habil, Farah Mohamed Abdisamad, Bisharo Wa'di Shaqlane, Udbi Abdi and her three daughters, Ruqiya Mohamed Sulub (See elsewhere in this report about Ruqiya), Taman Mohamed Sulub, Shukri Mohamed Sulub, Sirad Mohamed Koshin, Ruqiya Hassan Rabi, Hubbi Hassan Wali, Masal Haybe Abdi, Nimo' Mohamed Shakul, Sheikh Mohamed Nur, Sirad Mohamed Omar, Fowsiya Mohamed Qani, Nura Mohamed Hussein, Siad Abdullahi Farah, Abdi-Gurey Sayid Ahmed, Maryan Hashi, Muna Sharif, Asha Amin, Khadra Mohamed Aar, Abdullahi Bu'urde, Siyad Abdullahi, Hassan Ali, Nimo' Mohamed Dol, Maryama Agan, Maryan Ahmed, Sirad Shino, Nadis Mohamed, Mukhtar Ibrahim Odowa, Ismail Guled, Khalif Abdi, Muhumed Nur Adde, Ahmed-nur Sheikh Hassan, Hassan Ali, Arab Olad Hassan, Farah Ibrahim, Abdullahi Ahmed Awil, Habsa Aw Adan, Bisharo Mohamed Ahmed, Fawsi Abdirahman Baroud, Abdi-Dahir Shukri Baroud, Bashir Dubbad, Su'ado Moalim Ahmed, Mohamed Abdullahi, Gelle Ismail Ali, Ina Moalim Abdi and Abdi-Hayyi Gurhan. Some of them were released then redetained.

On July 31st 2002, Khadar Moalin Ali, former President of the Regional Government, was detained, in Jigjiga, and remained incommunicado for 9 months. According to the rumours circulated by government agents, he was accused of corruption and favouritism. On 26 April 2003, he was released on bail, and was restricted to Jigjiga, after 9 months of detention without official charges or trial.

On December 8th 2002, in Dhanaan, more than 70 persons, were arbitrarily detained and put in an underground detention, Ali Dhuux Guhad, aged 90, was among them. A venomous snake bit him; no medical care was given to him. Most of the detainees were released after they paid the extortion money.

On May 20th 2003, 17MPs belonging to the pro-government SPDP were dismissed; some of them were accused of working in Somalia, while others were accused of sympathising with ONLF.

On November 30th 2003, Abdi Ismail Haji, Ahmed Yusuf Habane and Mahad Matan, three MPs, were released on bail and were restricted to Jigjiga. Ethiopian authorities prevented them from returning to work, and they had no income.

The OHRC, which called for them to be either charged with recognizable criminal offences and given fair trials or released unconditionally, welcomes their release, and calls upon the Ethiopian government to lift the unconstitutional restrictions imposed on them, and asks the unconditional and immediate release of other detainees as well.

Ethiopian security forces, in Gondar, On March 14th 2003, arrested Khadar Mahad Dahir, student, in Gondar for suspected sympathy with ONLF. He has been transferred to prison in Jigjiga. Since then he has been held in incommunicado detention without charge or trial. Detained with Khadar, in Garabcase, military detention camp were: Bashir Gurey, Yusuf Jama Qabile, Ahmed Kamil Hassan Wafer and Sigale, all students, accused of being ONLF supporters. Their families and relatives were not allowed to visit them.

On July 07th 2003, Badria Mahad Dahir, Khadar's sister, aged 30, mother of three, came from Awaare to Jigjiga to visit her younger brother. She was detained by Ethiopian security forces. Her whereabouts and fate are unknown to her family and relatives. She is presumed to be in the same detention camp with her brother.
On October 1st 2003, Khadar, Bashir, Yusuf Ahmed and Hassan, were released on bail, and were restricted to Jigjiga, after more than 6 months of detention without official charges or trial.

The OHRC, which called for them to be either charged with recognizable criminal offences and given fair trials or released unconditionally, welcomes their release, and calls upon the Ethiopian government to lift the unconstitutional restrictions imposed on them.
Other detainees who are being held in incommunicado detention without charges or trial in Jigjiga Police Stations are: Sharif Mohamed Rabi, Amina Sharif Mohamed, Abdisalam Sharif Abdullahi, Halimo Mahamoud Yusuf, Safi Abdi Adde, Abdihakim Mahad, Abdifatah Hassan, Abdirahaman Ali Hashi, Abdullahi Osman Muhumed, Abshir Abdi Hayi, Abdi Siyad and Yassin Mohamed Dhuule.

On November 30th, 2003, 75 Somalis from the Ogaden were arrested after confiscating their property, in Hargeisa, Northwest Somalia, following raids conducted by Somaliland militia and Ethiopian Security Forces. The detainees were humiliated and beaten up, and are being held in incommunicado detention in overcrowded location. No charges have yet been laid formally against them and no trial date has been set.
However, a news paper from Hargeisa allege that the detainees are ONLF members, who have been trained in Eritrea, and were on their way to join the fight against Ethiopian government forces in the Ogaden, an allegation, which was rejected by ONLF President Mohamed Omar Osman, in an interview with BBC Somali Service On 2nd December 2003.

To the best of OHRC's knowledge, the detainees were elders, traders, labourers, residents and visitors, who were not involved any illegal activities, and have no any political affiliation.
On December 04th 2003, two trucks carrying Ethiopian security agents and officers arrived Hargeisa to prepare the ground for their hand over to the Ethiopian government against their will.

According to reliable reports received by OHRC, the repressive and indiscriminate measures against Somalis from the Ogaden are unabated, and are going on as of this writing. (See OHRC's Press Release, Self-declared Republic of Somaliland: Seeks recognition and favour through detentions, torture, confiscation of property and forced repatriation of Somalis ref: OHRC/12/03, Dec.05th 2003).

On 03th January 2004, in Jigjiga, Ethiopian security agents detained Abdullahi Mohamed Soyan, a student in Khartoum University, in the Sudan. Abdullahi was transferred to Garabcase military barracks, where he is being held incommunicado. No reason was given for his detention.

The Ogaden Human Rights Committee fears for the safety and well-being of the detainees, especially in view of constant reports of executions, disappearances, torture or ill-treatment of the detainees in Jigjiga military detention centre to extract confessions. To the best of the Ogaden Human Rights Committee's knowledge, they were not involved in any illegal activity. The OHRC considers them prisoners of conscience. (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 and Ogaden: Graveyard of Rights ref: OHRC/10/99). For further details and names, please refer to the attached lists at the end of the report.

E. Torture And lll- Treatment

Article 2 of the Convention against Torture and other Cruel, inhuman or Degrading Treatment or Punishment states that "Bach 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.

Nevertheless, in the Ogaden, there is neither arrest nor interrogation without torture. The Ethiopian government Army and Security Forces systematically torture suspected ONLF members to extract information or confessions. 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. For example; the numbers of people disabled or bearing scars of torture in Godey, Qabridaharre, Dhagahbour, Wardheer, Jigjiga, Shiniile, Nogob, Liibaan, Afdheer were 1050, 2334, 2226, 2206, 1709, 140, 1914, 455, 395 respectively.

In 1998, Bashir Muse Adan, Ali Jafar and Abdi Nur Farah, all civilians, were detained by Ethiopian Security Forces under the pretext of being Al-Itihad supporters. They were transferred to an underground military detention camp in Harar area. Their whereabouts are unknown to their families and relatives. However, OHRC has interviewed their jail mates, who were released after paying extortion money and their families as well. According to their accounts, Bashir, Ali and Abdi, were tortured to death after they refused to confess any wrongdoing under torture. "They told their torturers that they are civilians and they have nothing to do with Al-Itihad," said one of their jail mates.

Ex-jail mate and victim of torture who spoke on condition of anonymity told an OHRC researcher that there is no day without torture in Ethiopian detention centres throughout the Ogaden. " We were subjected to inhumane treatment and cruel torture in the form of deprivation of sleep, burning with cigarettes and hot iron bars, indiscriminate beatings with guns butts and barrels and beatings on the soles of feet and testicles. As a result of torture I lost one of my testicles. Look at my body, I will take off my shirt and then you can see clearly the scars of torture all over my body. Do you need any further proof, you don't? I am lucky, because I am still alive," he concluded.

On December 28th 1998, Ethiopian government forces detained Sheikh Bashir Abdi Ibrahim, a member of ONLF Central Committee, who was part of an ONLF delegation negotiating with Ethiopian government to put an end to the long bloody war in the Ogaden. He was transferred to Qabridaharre military barracks, and was put in a solitary confinement. According to the testimony of a released detainee, he was subjected to extensive torture. Afterwards he was transferred to a secret detention in Harar and subsequently disappeared.

In December 2000, Sheikh Bashir's tortured dead body was brought to Harar central jail. His family and relatives were not told the cause of his tragic death, and were denied to recover his body to give him a proper burial according to religious teachings.( See Ogaden: Graveyard of Rights ref: OHRC/10/99).

Bashir Sheikh Abdi, ex-governor of Hararge Province, was detained in April 1997. He was an old man and in a poor state of health, and was denied adequate medical treatment. According to testimonies of relatives and his ex-jail mates, he has been subjected to torture and ill-treatment. As a result of torture and lack of medical attention he died in his prison cell in 2001.(See about Bashir and his colleagues elsewhere in this report).

Among ex-detainees, who were subjected to torture while in detention and managed to flee to neighbouring countries, are the following women: Hinda Ismail, Samira Muhumed Aidid, Ifrah Asayr, Ruqiya Abdi Abdullahi and Ruqiya Maki Abdullahi. They gave OHRC researchers similar accounts of torture while in detention. The following testimony from Hinda Ismail, a victim of torture, gives a succinct picture about the inhumane treatment and torture, which they had undergone while in detention.

" I was arrested on January 27th 2001, and detained at Kebele 4 Police station, in Jigjiga. In the evening at 8:00 PM, I was blindfolded and taken out of my prison cell and was transferred to a torture chamber at Garabcase military barracks. I was put in an underground cell with two concrete doors and a ladder. All objects used for torture were in the chamber. My hands and legs were tied together tightly behind my back. I was laid in prostrate position on the floor. A group of Tigrean officers started to beat me indiscriminately in turns until I lost consciousness."

"They cut my hair and forced me to drink hot salty, spicy water mixed with my hair. Taddesse, the officer, who was supervising my torture told me repeatedly that I would not be released and might be tortured to death until I confess to him that I am an active member of ONLF and give him the names of ONLF members in the town."

"I was denied medical treatment, and was deprived of sleep and food for several days. After four months of illegal detention without official charges or trial, I was released. I have been warned not to speak of my ordeal to anyone including my family and close relatives or else I would regret for the rest of my life the grave consequence of my disobedience."

On March 06th 2002, in Qabridaharre, Ruqiya Mohamed Sulub, a pregnant mother, was detained with a number of her relatives. They underwent severe physical and psychological torture in the form of indiscriminate beating with belts and threats of shooting them to death. Ruqiya has delivered a baby in her detention cell. She and other inmates were reportly tortured, on a daily basis. She had been arrested several times before for her activities as member of OWDA.

On June 13th 2002, Sahra Hassan Hirmoge, member of OWDA, was detained in Godey, and then transferred to Garbo military barracks. She underwent extensive torture in the form of indiscriminate beating with heavy sticks, gun butts and threats of shooting her to death by charging guns in front of her and aiming at her head. She has been arrested several times before in Godey for her activities as member of OWDA. She is related to ONLF Central Committee Member.

On January 28th 2003, in Sahygoosh, Duwane Mohamed Ali, was detained and crippled by torture. " I was blindfolded and led to somewhere not far from the military barracks. I was indiscriminately beaten and asked to confess that I am a member of ONLF. As a result of the inhuman and severe torture administered to me, I sustained a broken arm, leg and rib. Scars are covered all over my body," he said.
On February 07th 2003, in Daawodiid, Nogob region, Abdi Sofe, Abdi Siyad and their wives, Nimco Mohamed and Fadumo Ali, all nomads, were detained and beaten up by members of Ethiopian armed forces. No reason has been given for their detention and torture.
On March 05th 2003, Muhumed Aw Ahmed Abdi, a nomad, from Garoonka, was detained, confiscated his property and then crippled by torture.
On April 10th 2003, Dahir Hussein Magan, a pastoralist, from Sagag area, was detained while he was tending his camels in a peaceful rural area. He was transferred to military barracks in Sagag. His hands and legs were tied together tightly. He was suspended upside down, and beaten indiscriminately. No reason has been given for his detention and torture.

On April 15th 2003, in Gunagado, Koos Osman Hassan, a 5-month pregnant mother, has been detained and tortured until she aborted.
On April 20th 2003, in Qoriile, Ambro Hirsi Barkhadle, a nomad woman, was detained for suspected sympathy with ONLF. She was transferred to military barracks, where she was crippled by torture.

On November 13th 2003, in Iimey, Ethiopian armed forces detained Deq Abdulqadir Aliqabxun and Abdi Moallin Hadi Sagal, two pastoralists in their twenties. They were extensively tortured and then transferred to Godey military barracks where they are being held incommunicado. No charges have yet been laid against them and no trial date has been set.

On November 30th 2003, Ethiopian armed forces arrested Abdidub Jama and Deq Haji Abdi, two nomads from Gurdumi. Abdidub and Deq were transferred to military barracks where they were beaten indiscriminately by heavy sticks. After their release superficial bruises consistent with stick injuries were on their bodies.

As an act of reprisals Ethiopian government forces cordoned off Sararweyne for 3 days. During the siege of the town mass arrests, widespread lootings and extensive damage of private properties were reported. Among civilians who were detained on December 04th 2003, and then transferred to Wardheer military barracks were: Mohamoud Haji Omar Amey, Abdi Jama Gaydhe, Mohamed Yusuf Koreye, Farah Gu'uri, Saleban Haji Weli, Abdi Dirir Awil, Mohamed Abokor and Mohamed Ahmed Dabagoye, all community elders. (See elsewhere in this report for more details).

The OHRC calls for them to be either charged with recognizable criminal offences and be given fair trials or immediately and unconditionally released.

In the Ogaden Ethiopian security and armed forces have been given a carte blanche and blanket impunity to kill, rape, torture and loot. To the best of the Ogaden Human Rights Committee's knowledge, no-one has been brought before a court of justice for the crimes detailed in this report and previous reports. (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 and Ogaden: Graveyard of Rights ref: OHRC/10/99). For further details and names, please refer to the attached lists at the end of the report.

Torture Methods

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.
" 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.

F. Other Abuses

Article 17(2) of the UDHR prohibits arbitrary deprivation of private property. Article 17 of the ICCPR calls for the prohibition of arbitrary or unlawful interference with an individual's privacy, family, home or correspondence, and unlawful attacks on his honour and reputation. That no one is to be held in slavery; that slavery and slave trade are to be prohibited; and that no one is to be held in servitude or required to perform forced or compulsory labour (art.8). It lays down measures to protect the rights of children (art.24). It provides that all persons are equal before the law and are entitled to equal protection of the law (art.26). It also calls for protection of the rights of ethnic, religious and linguistic minorities (art.27)

The Ethiopian armed and security forces roam throughout the Ogaden demanding money and food at gunpoint. Whenever defeated, they take revenge on the civilian population, in defiance of international treaties, which prohibit reprisals against civilian population. Many people were arbitrarily deprived of their properties and life savings by the security forces, which intrude upon their privacy by getting into private residences and properties and unlawfully confiscating any property they fancy.

Saxardiid, a businessman, from Jigjiga, said I was detained for six months because I refused to pay extortion money to Ethiopian security agents.
"For them it's normal to ask extortion money because they are not paid by the government. They are told to eke out a living from the civilian population. It's their payment and their reward", he added.

"There is no accountability. Ethiopian officers give their soldiers carte blanche to loot, detain, torture and rape. Their aim is to terrorise the people into submission," he concluded.

The Ogaden Human Rights Committee is alarmed at the rise of attacks against aid workers, humanitarian organisations' property and the civilian population as well.

On February 07th 2000, unidentified well-armed gunmen attacked Medecins Sans Frontieres(MSF) - Doctors Without Borders/Belgium - vehicle travelling between Jigjiga and Dhagaxbuur, killing Abdifatah Muhumed Ildab the driver and wounding two other persons, who were travelling in the vehicle. (See Press Release ref: OHRC/02/00).

On November 29th 2000, near Fiiq, a vehicle belonging to a relief organisation, which uses vehicles similar to those used by an organisation owned by the Ethiopian government was attacked by unidentified gunmen who wounded the driver seriously.

On December 19th 2000, in Qabridaharre Region, Ethiopian government forces commandeered a truck loaded with relief items rented by a humanitarian organisation namely ACF.

On 15th July 2002, two unidentified well-armed gunmen posing as members of ONLF stopped an ICRC vehicle travelling between Qabridaharre and Qoriile, asking for money or wrist watches at gunpoint. On July 02nd 2003, a similar incident took place between Waji Waaji and Galadiid, where three unidentified gunmen claiming to be ONLF members stopped an ICRC vehicle and asked money at gunpoint. ONLF officials disavowed all violence against humanitarian organisations and shifted the blame on Ethiopian government forces and their collaborators.

The Ogaden Human Rights Committee reiterates its condemnation and disapproval of imposing restrictions on humanitarian organisations' movements as well as intimidation and abduction of aid workers in the Ogaden, and urges the Ethiopian government and the Ogaden National Liberation Front to allow all humanitarian and relief organisations to operate freely in the Ogaden as well as international and local human rights organisations and the international press.

On March 26th 2002, Cadadalay, a religious seminary run by Sheikh Abdullahi Sh. Mohamed, was raided by the Ethiopian government forces. Many civilians were killed in the raid. He was told not to give any more lessons to his students.

In October 2002, The Ethiopian government closed the border between the Ogaden and Somalia. Many lorries and goods were confiscated by the Ethiopian government. The lorries were distributed to the Ethiopian troops in the Ogaden.

On September 15th 2002, in Jailed, Godey region, 50 she-camels owned by Bared Moulin Suldan, were rounded up and put in a concentration camp by Ethiopian government forces. More than half of them starved to death.

On November 13th 2002, in Garoonka, Ambaro Jikre, a nursing mother, was detained by members of the Ethiopian government forces, who robbed 50 million Somali shillings belonging to her as well.

On November 21st 2002, in Dhagaxmadow, the following individuals were detained and their animals confiscated: 20 head of sheep owned by Omar Caag, 10 head of sheep owned by Adan Harbi, 10 head of camels owned by House of sheikh Ahmed, and 20 head of camels owned by house of Abukar Isaq

On January 25th 2003, in Danood, 15 head of milk camels owned by Adan Yusuf Tani, were slaughtered by Ethiopian forces.

On January 28th 2003, in Shaygoosh, 19 head of sheep owned by Dhamac Mohamed Dahir, were taken forcibly by Ethiopian soldiers.

In February 2003, in Bulaale, one of the most well-known water wells in the Ogaden, the Ethiopian armed forces using helicopter gunship killed: 500 head of sheep, 300 head of cattle, 250 head of camels and razed to the ground 80 houses.

On May 15th 2003, in Qabridaharre, Ethiopian forces looted shops and the open-air market. The owners of the looted businesses were detained. Among them were: Mohamed Abdullahi Barkhadle, Sanweyne Abdullahi Barkhadle, Ahmed Abdi Omar, Ahmed Barre and Nimco Ali Yare.

On April 23rd 2003, Ethiopian forces in Gudhis, razed to the ground Yusuf Hashi's house under the pretext of alleged sympathy with ONLF.

There is a clear pattern of discrimination and segregation against Somalis, in terms of education, health care, employment and economic development.

Public posts in the Ogaden have been purged of anyone whose views were judged critical or hostile to the government policies, and replaced by pro-government elements. Such a policy of targeting one group for their political opinion, and depriving others of their basic rights, has obviously caused widespread and deep resentment throughout the region.

In October 2003, 150 teachers were dismissed for their political views and ethnic background.

Xildiid, a dismissed teacher said our dismissal is politically motivated. There is no legal basis for it whatsoever. " Is it logic to dismiss 150 teachers, while there is an acute shortage of qualified teachers in the region? Our dismissal is abusive, and should be reversed," he concluded.

On November 11th 2003, 14 civil servants were dismissed. They were accused of corruption. Da'ud who is among the sacked civil servants rejected the government's allegations as a politically motivated ploy.

The practice of taking family members or close relatives of government political opponents as hostages, and holding them under torture until the suspected activist reports himself to the security forces is widely employed by the Ethiopian security forces in the Ogaden.

The Ogaden Human Rights Committee has evidence that family members and relatives of political prisoners have been harassed and intimidated constantly by the Ethiopian security forces.

In Addis Ababa and other Ethiopian towns, Somalis, who neither speak Tigrigna nor Amharic are periodically rounded up, detained and held in detention without charge for months in order to extort money. Those detainees, who were singled out on a linguistic and ethnic basis are subjected to torture and ill-treatment while in detention.

The Ethiopian government uses forced labour to build its military in the Ogaden. Many teenagers were abducted to work in military construction projects or transport ammunition and provisions on their backs in the rainy season or when there is fear of landmines.

Ogaden Human Rights Committee (OHRC)

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