For years, the Ethiopian armed forces and other security services, including the police, have detained hundreds of civilians for allegedly being ONLF members or supporters. Periods in detention without charge range from a few days tomore commonlyseveral months or even years, and detainees are often re-arrested upon release, even if they change locations.
Although persons from all backgrounds and agesincluding many eldershave been arbitrarily arrested and detained, government security forces have targeted certain groups market traders, school and university students, business leaders, and opposition politicianson suspicion of spying, organizing, or providing financial or other support to the ONLF. Others have been detained simply because they have relatives in the ONLF, or after having disagreements with military officials (such as demanding compensation for vehicles commandeered by the army).
Individuals arrested are held in a variety of detention facilities: military bases, federal police prisons, and local, administrative police facilities. There are also unofficial detention centers. In Jijiga alone there are a range of detention centers, four or five of which were repeatedly mentioned to Human Rights Watch by former detainees who had suffered or witnessed abuses: the Regional Central Prison known as Jail Ogaden (because of the large numbers of Ogaadeeni held there) which reportedly holds between 400 to 600 prisoners; kebele and wereda jails, of which the center in Jijigas kebele 4 is the most notoriousit holds several hundred prisoners in a range of conditions, including underground cells; Jijigas military basesGarabcase and the air defense facility called Ayer Hail; and Qumaadaha, a former police training center located in Jijigas kebele 5, which is reported to hold prisoners of national security interest and political detainees.132
Although there appear to be few judicial protections for detainees across the spectrum of detention facilities in Somali Region, the likelihood of mistreatment appears to be greatest for persons held in military custody, where most detainees find themselves outside the reach of Ethiopias legal system. Legal requirements limiting the period of detention without charge and requiring judicial oversight of detentions are routinely ignored.133 Almost all persons formerly held in military detention interviewed by Human Rights Watch suffered severe beatings and torture. As described above, detained women and girls have routinely been raped at military bases and Human Rights Watch has also documented several dozen extrajudicial executions in military bases, sometimes carried out in front of other detainees in order to terrorize them into confessing involvement with the ONLF.
The mistreatment of persons in custody is a serious violation of both the laws of war134 and international human rights law.135 Detained individuals must be treated humanely at all times; it is irrelevant whether or not they are members or supporters of an armed opposition group.
While there has been a surge of arrests since the April 2007 ONLF attack on Obole, arbitrary detention and torture in military custody are long-standing problems in Somali Region. Many former detainees interviewed by Human Rights Watch recounted not only the abuse they suffered in military custody after the April 2007 attack, but also similar arbitrary arrests and abuse they had personally experienced previously, often dating back to the late 1990s and early 2000s.
For example, Amina, a 19-year-old student, told Human Rights Watch how she was detained in 2003 (when she was 15) for nine months, then again in 2006 for six months, and fled Ethiopia when the soldiers came looking for her again following the Obole attack in April 2007. During both periods of military detention, she suffered regular, severe beatings and torture.136 Muhumed, an 18-year-old student, told Human Rights Watch how he had been detained at military camps in Dhageh Medow for three months in 2004 (when he was 15), for 19 days in May 2006, and for nine months in December 2006. He told Human Rights Watch about the beatings and torture he endured during his last detention:
Many of the former military detainees interviewed by Human Rights Watch claimed that they had been arrested on suspicion of supporting the ONLF without any evidence to support such suspicions.138 As one young man put it bitterly, Anyone with a bowl of water is suspected of supplying the ONLF.139 A young woman voiced the same sentiment, saying If you make tea in a teashop, the army would accuse you that the man who bought tea is an ONLF member .There is no way to escape.140
Indeed, the cases investigated by Human Rights Watch indicate that the armed forces arrest those they suspect of supporting the ONLF on the slimmest conjecture, and then attempt to beat and torture confessions. Most of the former detainees interviewed by Human Rights Watch denied having any connection to the ONLF, although some people mentioned having relatives, often distant relatives, involved in the ONLF. This is an insufficient basis for detention.
The militarys broad, unchecked power to arbitrarily arrest, detain, and abuse suspects is illustrated by the case of Ruqiya, a prominent trade woman in Dhagahbur. In March 2007, she was transporting a truckload of grain from Aware to Dhagahbur when soldiers stopped her, demanded she offload the truck, and then commandeered the vehicle. When the vehicle was later destroyed in an ONLF ambush, her husband went to the police to report the loss and ask for compensation. That same night, soldiers took her husband, saying they just wanted to question him and would soon return him. The husband has not been seen again.
When Ruqiya and male elders from her clan went to the army base the next day to inquire about her husband, the soldiers accused her of lying, saying her husband had run off with the ONLF, and promptly detained her at the military camp. That same night, the camp commander viciously beat her:
Her clan elders finally convinced the military commander to release her so she could be hospitalized for her injuries. However, after her release, she found her store had been closed with a government seal, and that all of her stock had been impounded by the authorities. Afraid she would be disappeared like her husband, she fled to Kenya.142
Almost all of the former detainees interviewed by Human Rights Watch who were detained on military bases reported severe beatings and torture during their arrest and interrogation. Detainees frequently reported being beaten and tortured to the point of unconsciousness. Sexual violence against female detainees occurs frequently at military bases, as discussed above. Torture, beatings, and sexual violence all appear to be an officially tolerated practice by military commanders, and there are incidents of base commanders personally participating in all such abuses.
Human Rights Watch interviewed more than 30 victims of severe beatings and torture at military bases and has documented several dozen additional cases from family members of victims and former detainees. These abuses took place at military bases throughout the conflict-affected area, including in Jijiga, Wardheer, Kabridahar, Dhagahbur, Shilabo, Fiiq, Hamaro, Dhuhun, Qoriley, Gabagabo, Isku Dholey, Higlaleey, Dhagahmadow, Garbo, Yuub, Sheygoosh, and Harar, indicating that beatings and torture are a routine and widely tolerated practice at military bases. Many additional cases of beatings and torture were documented involving army soldiers on patrol or when staying at temporary military bases during patrols.
Soldiers typically start violently beating persons almost as soon as they are taken into custody. Twenty-four-year-old Ayan told Human Rights Watch how she began being beaten within earshot of her home after soldiers came to arrest her in the middle of the night:
Twenty-year-old Faduma, a student from Shilabo town, was repeatedly taken from her home at night in July 2007 to be questioned by soldiers about suspected links to the ONLF. The first two nights, she was not seriously harmed, but on the third time she was taken from her home, the soldiers beat her unconscious, leaving her for dead:
Once at the military camps, the detainees are regularly taken from their cells for interrogation. Soldiers order the detainees to confess involvement with the ONLF, which often involves severe beatings to the point of unconsciousness. A 30-year-old shopkeeper from Wardheer town described the beatings and torture he received at the Transport Tanks military base on the towns eastern outskirts:
Ahmed, a 22-year old student, was arrested in July 2006 on suspicion of supporting the ONLF, and taken to the military base in Dhagahbur. He described how he was interrogated and beaten virtually nightly for 18 nights, and remained in poor health from the beatings when interviewed by Human Rights Watch more than one year later:
According to eyewitnesses interviewed by Human Rights Watch, Ethiopian soldiers have carried out extrajudicial executions of detainees at a number of military bases in Somali Region, including military bases in Wardheer, Dhagahbur, Duhun, Hamaro, and Shilabo. In most of these cases, the detainees were extrajudicially executed in front of the other detainees at the military camp, often in the presence of the camps military commander, demonstrating high-level responsibility.
Following the May 28, 2007 grenade explosions in Dhagahbur, the army extrajudicially executed two students and two nomads at the military base in Dhagahbur. An 18-year-old student detained alongside the two students who were executed explained to Human Rights Watch that they were part of a group of five students, between 16 and 18, who had been arrested at the Makhtal Dahir school in May 2005, and since then imprisoned at a prison in Dhagahbur town on charges of supporting the ONLF. He explained how after the May 28 grenade attacks, soldiers came to the prison, read out the names of the four to be executed, and then took them away to the military base:
The bodies of the four victims were found outside the military base on May 30, showing signs of strangulation. Since the students executed by the soldiers had been in detention since May 2005, they could not have played a direct role in the grenade explosions in Dhagahbur on May 28, 2007. It appears that their execution was a military-sanctioned act of reprisal for the grenade attacks.
Halima, a 17-year-old student from Duhun, told Human Rights Watch how she had personally witnessed the execution of two of her classmates while being detained at a military base in Duhun. In front of an estimated 65 detainees, the military commander of the camp tried to force the two girls to confess to being ONLF members before ordering their summary execution:
A 19-year-old student from Hamero town in Hamero wereda, Fiiq zone, told Human Rights Watch how the Ethiopian army detained two male students suspected of involvement in the ONLF in early June, and strangled them to death inside the military base before throwing out the bodies. She herself went to see the mutilated bodies, which lay unburied in the streets for two days before the military commander allowed them to be buried:
From May to July 2007, at least seven detainees were extrajudicially executed at the Transport Tanks military camp outside of Wardheer, according to a former detainee who was detained at the military camp during this period. According to the former detainee, the soldiers first took five men and women from the communal cell he shared, and killed them by strangulation to terrorize the other detainees into confessing: They take a rope and wrap it around the persons neck, and then two soldiers pull from opposite sides. Then, when the persons were dead, they would bring us to see the bodies and tell us we were to die the same way if we dont confess to them.150 Among the five killed were Fartoum Ugas, in his 20s; Nour Abdi, about 25; Daher Hussein, 21; a woman named Hawa, married and in her 30s; and a man in his 40s from Jinnoole village. The bodies were later taken away in a military truck, and may have been buried on the grounds of the military base.151 A few nights later, a man in his mid-40s and an older woman were removed from the same communal cell in the evening. The next morning, the detainees saw their bodies near the washing facilities, and noticed that the man had visible head injuries and bleeding (the womans body was covered with a blanket).152
Most of the former detainees interviewed by Human Rights Watch obtained their release from military detention after relatives paid bribes to military officials and stood as personal guarantors for the released detainee. A few of the former detainees interviewed by Human Rights Watch obtained their release by escaping from detention facilities. In most cases, released detainees were asked by their families to flee the region, so they would not be re-arrested. When released and escaped detainees fled, the military authorities often responded by detaining their relatives or guarantors.
Twenty-year-old Nimo was detained in December 2006 in Shilabo, and spent three months in military detention and in police custody, suffering regular beatings and rape. After three months, she was finally released when six clan elders stood as personal guarantors for her. When her mother took her to Kenya for medical treatment and safety, two of the six elders were detained by the military, and later released on 5,000 Birr bail (about US$550).
Khadra, a 17-year-old girl, was detained in Duhun military base for three months in 2007, suffering severe beatings and multiple rapes. Her father managed to collect 3,000 Birr (about $330) to pay to the military officials as a bribe, and at least 12 elders stood as personal guarantors to the military commander. Following her release, she fled to Kenya, and many of the elders who stood as guarantors were arrested and remained in detention at the time of the Human Rights Watch interview in September 2007.153
132 Human Rights Watch interviews, telephone interviews, and confidential communications, November and December 2007.
133 Article 19 of the Ethiopian constitution provides that persons taken into custody should be brought before a court within 48 hours.
134 See Common article 3 to the 1949 Geneva Conventions; Protocol II, art. 4.
135 See ICCPR, art. 7; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 1.
136 Human Rights Watch interview with Amina, Nairobi, September 23, 2007.
137 Human Rights Watch interview with Muhumed, Hargeysa (Somaliland), September 27, 2007.
138 In some of the arbitrary detention cases researched by Human Rights Watch, the only apparent evidence produced by the ENDF (to the detainees) was the fact that other detainees, following beatings and torture, had given their names. Evidence obtained under torture is particularly unreliable, as torture victims will often give false information in an attempt to end torture and abuse.
139 Human Rights Watch interview with 28-year-old man from Fiiq zone, (name withheld), Nairobi, September 23, 2007.
140 Human Rights Watch interview with 49-year-old woman, Garissa, September 21, 2007.
141 Human Rights Watch interview with Ruqiya, Nairobi, September 22, 2007.
142 Human Rights Watch interview with Ruqiya, September 22, 2007.
143 Human Rights Watch interview with 24-year-old Ayan, Nairobi, September 23, 2007.
144 Human Rights Watch interview with 20-year-old Faduma, Garissa, September 21, 2007.
145 Human Rights Watch interview with 31-year-old shopkeeper, Garissa, September 20, 2007.
146 Human Rights Watch interview with 22-year-old Ahmed, Hargeysa (Somaliland), September 27, 2007.
147 Human Rights Watch interview with 18-year-old student, Hargeysa (Somaliland), September 25, 2007. This extrajudicial execution is also documented by the Ogaden Human Rights Committee, Ogaden: Ethiopian Forces Massacre, Displace and Starve Out the Civilian Population with Impunity, p. 23.
148 Human Rights Watch interview with Halima, Nairobi, September 23, 2007.
149 Human Rights Watch interview with 19-year-old student from Hamero, Nairobi, September 23, 2007.
150 Human Rights Watch interview with (name withheld), Garissa (Kenya), September 20, 2007.
151 Human Rights Watch interview, Garissa, September 20, 2007.
152 Human Rights Watch interview, Garissa, September 20, 2007.
153 Human Rights Watch interview with Khadra, Nairobi, September 23, 2007.