47.
The objectives of the SPO were: (a) to prosecute the officials of the Derg regime
responsible for killing thousands of students, the intelligentsia, and urban
elites; and (b) to establish a permanent record of the atrocities by compiling
all the written evidence and soliciting literally hundreds of oral testimonies from
victims and their families. The range of procedures and various levels of trials
prosecuted in different courts throughout the country are collectively known as
the Red Terror Trials.
48.
After its establishment in 1992, the SPO began immediately investigations
and submitted initial charges in October 1994, marking the beginning of the
Red Terror trials. At the outset, the trials were welcomed by large segments
of the Ethiopian population and the international community. A number of
governments did provide support to the SPO and its activities, responding to a
twelve-month request circulated in July 1993 for assistance in the three areas
of computerisation, infrastructure, and international technical assistance, in the
amount of just under one million US dollars. This was sought to supplement an
annual Ethiopian government budget subsidy to the SPO of approximately a
third of a million US dollars.
49.
The SPO laid charges against three groups of alleged perpetrators in the Red
Terror trials. In the first group of defendants were policymakers, senior government
and military officials of the Derg regime. Special Prosecutor v. Colonel Mengistu
Hailemarian et al. is the prosecution of the first group of defendants: an initial
list of 106 high-ranking Derg government officials, including Colonel Mengisitu
Hailemariam (former President).
50.
The trial of the first category of ‘high officials’ opened in December 1994, with
46 defendants, and a further 24 individuals - including former President Col.
Mengistu Hailemariam - charged ‘in absentia’. A first series of SPO charges were
laid against 5,198 military and public officials of the Derg regime. Charges against
some 2,258 defendants were handed down by regional supreme courts by
delegation from the federal high court. Accordingly, 202 defendants were charged
in the Tigray region, 508 defendants in the Amhara region, 421 defendants in
the Southern Nations, Nationalities and Peoples region, 198 defendants in the
Harari region, and 174 defendants in the Somali region. An unidentified number
of defendants were also brought before the Oromia Supreme Court. All the Red
Terror cases in the regional Supreme courts began in 1998 in the capital city of
each region.
51.
Trial proceedings were not without problems. There were several challenges,
including protracted delays. After more than a decade, with many defendants
still under trial, little of the wider potential of this set of opportunities seems to
have been fulfilled. Problems of capacity within the judiciary, combined with
inadequate political management of investigation and prosecution processes,
resulted in an exceptionally slow timetable for laying the charges and proceeding
to the trial of defendants.
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