“We are Like the Dead”: Torture and other Abuses in Jail Ogaden, Somali Regional State, Ethiopia

Report
from Human Rights Watch
Published on 04 Jul 2018 View Original

Summary

Jail Ogaden is unthinkable. From the moment you are put there until the moment you are released, you do not know if you are alive or dead. You are tortured and humiliated day and night, you are starved, [and] you can’t sleep because there’s so many people. —42-year-old Mohamed who spent five years without charge in Jail Ogaden, August 2017

In the heart of the eastern city of Jijiga, just five minutes from the University, lies one of the most notorious detention centers in Ethiopia. Jail Ogaden, officially known as Jijiga Central Prison, is home to thousands of prisoners, who are brutalized and neglected. Many have never been charged or convicted of any crime.

Former prisoners described a horrific reality of constant abuse and torture, with no access to adequate medical care, family, lawyers, or even, at times, food. Officials stripped naked and beat prisoners and forced them to perform humiliating acts in front of the entire prison population, as punishment and to instill shame and fear. In overcrowded cells, head prisoners, called kabbas, beat and harassed prisoners at night during interrogations, passing notes on to prison leaders who then chose some for further punishment. The purpose of the torture and humiliation was to coerce prisoners to “confess” to membership in the Ogaden National Liberation Front (ONLF), a banned opposition group.

This report, based on almost 100 interviews, including 70 former prisoners of Jail Ogaden, documents torture and other serious abuses, including rape, long term arbitrary detention, and horrific detention conditions in Jail Ogaden in Ethiopia’s Somali Regional State (Somali Region) between 2011 and early 2018. Interviewees also included government officials and members of Somali Region security forces.

Many of the former prisoners interviewed said they saw people dying in their cells after being tortured by officials. Female former prisoners told of rape. Prison guards and the notorious Liyu police [“special” police in Amharic], brutalized prisoners, at the behest of regional authorities. The prison is subject to almost no meaningful scrutiny or oversight.

The cycle of torture, humiliating treatment, overcrowding, inadequate food, sleep deprivation, and lack of health care in Jail Ogaden is consistent with the government’s long-standing collective punishment of people who are perceived to support the ONLF. Human Rights Watch has previously documented how the Ethiopian army committed crimes against humanity and war crimes during counter insurgency operations against the ONLF in 2007 and 2008, including extrajudicial executions, torture and rape.

Rather than meaningfully investigate the crimes at that time, the Ethiopian government established the Liyu police who have committed a range of serious abuses in Somali Region since 2008. The Liyu police report to the Somali Region president, Abdi Mohamoud Omar, known as Abdi Illey.

In Jail Ogaden, disease is rampant, basic water and sanitation needs are systematically ignored, while prisoners report deaths in detention following the outbreak of infectious disease. Some former prisoners told Human Rights Watch that corpses sometimes remained in prisoners’ cells for several days.

Female prisoners gave birth in their cells without access to skilled birth attendants, often in grossly unhygienic conditions. The plight of children, some allegedly born in Jail Ogaden from rape by prison guards, is especially tragic. Former prisoners said that lactating mothers received no extra food, and that children received no education. Since 2013, prisoners have reportedly not been permitted any visitors, or to receive food or other goods from relatives.

Release of prisoners is often ad hoc and the length of prisoners’ sentences, when they have one, may have little bearing on when they are actually released.

Former prisoners said that senior Somali politicians including Abdi Illey and Somali Region head of security and head of the Liyu police Abdirahman Labagole appeared regularly at the prison to speak to the prison population. Many of the worst abusers have been the prison heads of Jail Ogaden. Not only do some of these officials appear to have ordered torture, rape and denial of food, but in some cases, former prisoners alleged that they were personally involved in committing rape and acts of torture.

In 2011, Somali Region officials carried out an 11-day evaluation of prison guard performance which corroborated many of patterns of abuse former prisoners described to Human Rights Watch. The evaluation was filmed at the request of Abdi Illey, and then shared with Human Rights Watch several years later when an advisor to Abdi Illey left Ethiopia. On film, guards detail torturing, raping, and extorting money from prisoners, and describe how various senior officials at Jail Ogaden directed them to engage in torture and rape.

The Ethiopian Human Rights Commission (EHRC), a federal government body mandated to carry out investigations into allegations of human rights abuse, has inspected Jail Ogaden on many occasions since 2011, but there are no publicly available reports on those visits. It is not clear what actions, if any, were taken to hold anyone accountable for abuses uncovered during those inspections. Many former prisoners told Human Rights Watch that they had been prepped by prison officials on what to say and what not to say to the Commission. The most visibly injured, along with children and pregnant women, were reportedly held in secret rooms or moved out of the prison ahead of Commission visits. Those who spoke openly to Commission officials were brutally beaten, sometimes to death, in the days after the visits. The EHRC did not respond to our letter requesting information about their work to address abuses in Jail Ogaden.

Ethiopia’s federal system gives considerable autonomy to its regions, including the Somali Region, to carry out many governance functions. Regional detention facilities in Somali Region have little federal oversight and the regional government has neither the will nor capacity to monitor detention conditions.

Very few of the former prisoners we interviewed said they had ever been to court or been charged with any crime. Even when prisoners did appear in court, most did not have access to defense lawyers, could not present an adequate defense, and were confronted with courts that lack independence and are reluctant to challenge government abuses. This all leaves prisoners in Jail Ogaden with virtually no channels for redress.

Torture and impunity for torture are well-entrenched problems throughout Ethiopia. Human Rights Watch regularly receives reports of abusive interrogations countrywide using techniques such as severe beatings and water and genital torture, similar to what Jail Ogaden’s former prisoners describe. As far as Human Rights Watch is aware, there have been no reported instances of the federal government holding anyone accountable for torture, and prisoners’ complaints of torture in detention are routinely ignored by the courts.

The Ethiopian government’s response to requests for investigation into alleged rights abuses is to state that the Ethiopian Human Rights Commission (EHRC) can carry out such investigations, but EHRC investigations have generally not met the most basic standards of impartiality. There is little transparency around its work. The government has repeatedly rejected calls for independent international investigations into abuses and has ignored repeated requests from the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and eight other UN Special Rapporteurs to visit Ethiopia.

Ethiopia’s new prime minister, Dr. Abiy Ahmed, took office in April 2018. Since then, he has pledged to implement progressive reforms and his government has closed Maekelawi detention center in Addis Ababa, a site notorious for torture and abuse of prisoners. He also acknowledged that torture exists in Ethiopia in a June speech to parliament, a rare admission for an Ethiopian prime minister.

Thus far, however, the new prime minister has not stated how his government will tackle the larger problem of impunity for torture. While many former prisoners would welcome the closure of Jail Ogaden, such a move would not address the abusive nature of the region’s security forces, the impunity of those who engage in serious abuses, or the weak rule of law in Somali Region.

Ethiopia should comply with the provisions of its own constitution and fulfill its core obligations under international human rights law—in particular the absolute prohibition on torture and cruel, inhuman, and degrading treatment—by systemically addressing persistent allegations of torture and illegal detention. Ethiopia’s new prime minister and senior officials, including in the federal police and the military, should urgently and publicly condemn abuse of prisoners in Jail Ogaden and other prisons in Ethiopia, to send an unequivocal public message that mistreatment of prisoners will not be tolerated—and back up such announcements with disciplinary action and prosecutions of officials who engage in such practices.

In the face of numerous and horrific allegations, Dr Abiy Ahmed and parliament should establish a federal Commission of Experts (COE) for Somali Region. The Commission should investigate abuse at Jail Ogaden and recommend specific officials, regardless of rank, to face criminal charges for the mistreatment of prisoners. This should include specific investigations into senior Somali Region officials such as President Abdi Illey and current head of Liyu police Abdirahman Labagole.

Furthermore, authorities should allow access to Jail Ogaden and all other detention centers throughout the country to independent Ethiopian and international monitors, including human rights and humanitarian organizations, members of the diplomatic community, African Union human rights mechanisms, and UN mechanisms such as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Working Group on Arbitrary Detention.

Prime Minister Abiy should also take immediate steps to substantially reform the Liyu police and hold senior members of the Liyu police and Somali Region government to account for serious human rights violations, including torture in Jail Ogaden.

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