Court orders Yohannes Buayalew, journalist Abay Zewdu and two others to defend terrorism charges, lawyer says


The sign at the entrance of the Federal High Court's Lideta bench criminal division in Addis Ababa

The sign at the entrance of the Federal High Court's main registry and Lideta bench criminal division in Addis Ababa, in an April 2021 photo. (Photo: VOA via Wikimedia Commons, public domain) [file photo]

Ethiopia's Federal High Court has ruled that Yohannes Buayalew, journalist Abay Zewdu and two other detainees who refused a conditional pardon must defend themselves against terrorism charges, their lawyer said.

Lawyer Solomon Gezahagn told BBC Amharic that the Lideta bench of the court's constitutional and terrorism crimes division gave the ruling on Friday, Tikimt 6, 2019 in the Ethiopian calendar. The court found that the documentary, audio and other evidence presented by the prosecution showed the defendants jointly and individually committed the crimes they are charged with, and ordered them to enter their defense, he said.

The case, filed in connection with the security crisis in the Amhara region, has 52 defendants. Sixteen of them were following the case from detention. Twelve of those, including former member of parliament Christian Tadele and former Addis Ababa city council member Dr. Kassa Teshager, signed a conditional "pardon document" offered by the government and were released on Pagume 5, the last day of the Ethiopian year, BBC Amharic reported.

The four who remain in custody are Yohannes Buayalew, Dr. Zerihun Bahriw, the media professional Abay Zewdu and Desalegn Ejigu. Solomon said the court ordered them, together with 36 defendants who are not in custody, to defend the charges. Zemene Kassie, leader of the Amhara Fano National Movement, and Eskinder Nega, who is taking part in the armed movement in the region, are among the defendants in the same file.

The prosecution alleges that the defendants took part in the unrest in the Amhara region, from leadership roles down, and caused "death to more than 1,100 security members and civilians, and serious and minor bodily injury to more than 600," according to BBC Amharic. It also accuses them of causing property damage estimated in billions of birr. Yohannes and the other detainees have been in custody for more than three years.

Borkena, citing the Amharic newspaper Addis Maleda, reported that the Ethiopian Human Rights Commission (EHRC) recently confirmed that more than 600 prisoners were released following amnesty and the dropping of charges, while about 30 people stayed in custody after refusing to sign the conditional release documents. Among those who refused, according to the report, are Yohannes, Dr. Wondwossen Assefa, Dr. Sisay Awgichew, the teacher Meskerem Abera, journalist Dawit Begashaw, Gobeze Sisay and Genet Asmamaw.

According to correspondence obtained by Addis Maleda, the conditions for release under talks facilitated by the commission included accepting criminal responsibility for the political crisis and casualties in the Amhara region, taking blame for extensive property damage, and acknowledging that advocating for Amhara identity and land rights was a crime, Borkena reported. The defendants rejected the conditions as "legally, morally, and historically unacceptable," and said self-defense and advocating for constitutional and human rights cannot be treated as criminal acts.

The Committee to Protect Journalists said on X on Friday, before the hearing, that Abay was arrested on August 10, 2023 "for his reporting on the conflict in Ethiopia's Amhara region" and faces terrorism charges that could carry the death penalty if he is convicted. "Recently, Abay refused pressure to sign an apology letter admitting wrongdoing and pledging to stop journalism. He remains behind bars despite his refusal," the group wrote. In August, CPJ reported that five journalists in Ethiopia had been pressured to apologize for terrorism in order to win their release.

Alem Girma wrote on X that Abay, whom he described as working for the Amhara Media Center, "refused to buy his false freedom with an admission of guilty to crimes he never committed and the state never proved beyond a reasonable doubt." He wrote that Abay, "with some of his fellow inmates, will be on a hunger strike starting tomorrow." Mereja could not independently verify the hunger strike claim, and BBC Amharic and Borkena did not report it.

Abrar Suleiman shared a video of Yohannes speaking and wrote in Amharic that he was jailed "because he spoke this truth," calling on Prime Minister Abiy Ahmed to free him.

In a separate case, two leaders of the Ethiopian People's Revolutionary Party (EPRP) and lawyer Abera Nigus, who were held on terrorism accusations, have been freed, lawyer Solomon Gezahagn told BBC Amharic. He said EPRP leader Abebe Akalu was released on Friday, while the party's public relations head, Yisak Woldai, and lawyer Abera Nigus were released on Saturday. "They are fine; they have gone home," he said.

Police had alleged that the three had "links" with the armed group known as "Tsimdo" and other armed groups, and that they "moved to carry out terrorist attacks on security institutions and senior government officials," BBC Amharic recalled. Solomon said they filed a complaint last Tuesday after they were not released even though a court had granted them bail.

Molla Dagnew, welcoming Abebe's release on X, called him a "great patriot" and wrote in Amharic: "You should not have been jailed in the first place; still, joining the wider prison is itself a good thing."

CPJ, in its post on Abay, said it "calls on Ethiopian authorities to immediately release Abay and stop criminalizing journalism."

Sources

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