We write to urge that South Africa bring Mengistu Haile Mariam to justice for crimes against humanity committed during his rule in Ethiopia. We understand that Mengistu is currently in South Africa seeking medical treatment.
As you are probably aware, from 1974 to 1991, Mengistu's "Dergue" regime was responsible for human rights violations on a massive scale. Tens of thousands of Ethiopians were tortured, murdered or "disappeared." Tens of thousands of people were also killed as a result of humanitarian law violations committed during Ethiopia's internal armed conflicts. Many others, perhaps more than 100,000, died as a result of forced relocations ordered by Mengistu's regime. A background paper on Mengistu is attached. His crimes are more fully documented in our 1991 book-length report Evil Days: 30 Years of War and Famine in Ethiopia.
Ethiopia has in the past sought Mengistu's extradition from Zimbabwe. Zimbabwe refused the extradition requests. Mengistu is the leading defendant in trials of 2,000 former officials that began nearly five years ago in Addis Ababa. Two men were sentenced to death in absentia this month in these trials. Because of our concerns about the fairness of the Ethiopian trials, and the use of the death penalty, we do not recommend Mengistu's return to Ethiopia.
We do urge, however, that South Africa investigate Mengistu before its own courts. The South African constitution (article 232) expressly incorporates customary international law. Under customary international law, all countries have a right and a duty to exercise jurisdiction over crimes against humanity and a right to exercise such jurisdiction over torture. Alternatively, South Africa could extradite Mengistu to a country which is willing to prosecute him and guarantee a fair trial.
Given the scale of Mengistu's crimes, we believe that South Africa would set a terrible precedent if it failed to bring this terrible tyrant to justice. Human Rights Watch would be pleased to provide any information concerning Mengistu and his crimes which your government might find useful..We also believe that this case underscores the need for South Africa to enact domestic legislation implementing its obligation under the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which South Africa ratified in 1998, to prosecute or extradite accused torturers who enter its territory. South Africa should also enact legislation to establish its jurisdiction over genocide, crimes against humanity and war crimes committed anywhere in the world, as required under customary international law.
Please let us know if we can be of assistance in this matter. Thank you in advance for your consideration.
Yours truly,
Peter Takirambudde
Executive Director
Africa Division
