by Alemayehu G. Mariam
For the past several months, I have been commenting on the findings of the World Bank’s “Diagnosing Corruption in Ethiopia”, a 448-page report covering eight sectors (health, education, rural water supply, justice, construction, land, telecommunications and mining). In this my sixth commentary, I focus on “corruption in the justice sector”. The other five commentaries are available at my blog site.
Talking about corruption in the Ethiopian “justice sector” is like talking about truth in Orwell’s 1984 Ministry of Truth (“Minitrue”). The purpose of Minitrue is to create and maintain the illusion that the Party is absolute, all knowing, all-powerful and infallible. The purpose of the Ministry of Justice in Ethiopia is to create the illusion that the ruling regime under the command and control of the Tigrean People’s Liberation Front (TPLF) masquerading as the Ethiopian People’s Democratic Front (EPDRF) is absolute, all knowing, all-powerful and infallible.
I have long caricatured the “justice sector” of the TPLF/EPDRF as a kangaroo justice system founded on a sham, corrupt and whimsical legal process. What passes off as a “justice system” in Ethiopia is little more than a marketplace where “justice” is bought and sold in a monopoly controlled by one man supported by a few nameless, faceless and clueless men who skulk in the shadows of power. It is a justice system in which universal principles of law and justice are disregarded, subverted, perverted and mocked. It is a system where the poor, the marginalized, the audacious journalists, dissidents, opposition and civic society leaders are legally lynched despite the criticism and bootless cries of the international community. It is a system in which regime leaders, their families, friends and cronies are above the law and spell justice “JUST US”.
My first critique of the TPLF/EPDRF “justice system” appeared in 2006 when I wrote a 32-page analysis titled, “Keystone Cops, Prosecutors and Judges in a Police State.” It was written in the first year of what has become my long day’s journey into the dark night of advocacy against human rights violations in Ethiopia and Africa. The piece was intended to be a critical analysis of the trial of the so-called Kality defendants consisting of some 130 or so major opposition leaders, human rights advocates, civic society activists, journalists and others in the aftermath of the 2005 election. I tried to demonstrate that the show trial of those defendants was little more than a third-rate theatrical production staged to dupe the international community. I also tried to show how a dysfunctional and bankrupt judicial system was used to destroy political opposition and dissent. I described the “judicial proceedings” of the Kality defendants as “an elaborate hoax, a make-believe tribunal complete with hand-picked judges, trumped up charges, witless prosecutors, no procedures and predetermined outcomes set up to produce only one thing: a monumental miscarriage of justice.”
A glossy “diagnosis” of corruption in the Ethiopian justice sector
The WB’s “diagnosis” of corruption in “Ethiopia’s justice sector” is based on “interviews of 60 individuals” including “federal judges and prosecutors”, police, private attorneys, etc. in the capital and at another location. No ordinary citizens were included in the interview panel or the smaller focus groups. The study is intended to “explore the incidence of corruption in Ethiopia’s justice sector (including not only the courts but also several other organizations).” The “justice sector” includes, among others, “courts, police, prosecutors, administrative agencies with quasi-judicial powers, and public and private attorneys, prisons, and those in the executive and legislative branches responsible for enacting the laws and regulations governing their operations”.
The report begins with unusual disclaimers and apologia. The author proclaims that “this report begins from an agnostic standpoint—attempting only to document reality in Ethiopia’s justice sector and to compare it… with the situation elsewhere in African and other countries…” It is not clear what she means by “an agnostic standpoint”, but her analysis is frontloaded with servilely apologetic language manifestly intended not to offend or appear to point an accusatory finger at the ruling regime in Ethiopia. The report appears to have been written with some trepidation; perhaps the author was afraid of a backlash (tongue-lash) from the regime. The author timorously tiptoes around well-established and notorious facts about corruption in the regime’s justice sector. In light of the many disclaimers, reservations and contingencies in the report, it is obvious that the author does not want to call a spade a spade, so she calls the spade a bucket. But corruption by any disclaimer is still corruption; and Ethiopia’s justice sectors reeks of corruption.
The author claims an examination of “corruption in the justice sector is important because it undermines the peaceful resolution of conflicts, the control of corruption in other sectors, the strengthening of the normative framework underlying private and public actions (the rule of law), and the creation of a predictable environment for public and private transactions.” According to the study, corruption in the Ethiopian justice sector “takes one of two forms: (a) political interference with the independent actions of courts or other sector agencies, or (b) payment or solicitation of bribes or other considerations to alter a decision or action.” The study claims the “most common form of corruption involves bribes solicited by or offered to police to ignore a criminal offense, not make an arrest, or not bring witnesses or suspects to court (which can cause a provisional adjournment of the case). Traffic police are the worst offenders.” Another “common form of corruption” involves “payment of court staff to misplace case files or evidence” (a practice that has nearly disappeared because of new judicial policies on archive management introduced under a Canadian International Development Agency program”.
For the past several months, I have been commenting on the findings of the World Bank’s “Diagnosing Corruption in Ethiopia”, a 448-page report covering eight sectors (health, education, rural water supply, justice, construction, land, telecommunications and mining). In this my sixth commentary, I focus on “corruption in the justice sector”. The other five commentaries are available at my blog site.
Talking about corruption in the Ethiopian “justice sector” is like talking about truth in Orwell’s 1984 Ministry of Truth (“Minitrue”). The purpose of Minitrue is to create and maintain the illusion that the Party is absolute, all knowing, all-powerful and infallible. The purpose of the Ministry of Justice in Ethiopia is to create the illusion that the ruling regime under the command and control of the Tigrean People’s Liberation Front (TPLF) masquerading as the Ethiopian People’s Democratic Front (EPDRF) is absolute, all knowing, all-powerful and infallible.
I have long caricatured the “justice sector” of the TPLF/EPDRF as a kangaroo justice system founded on a sham, corrupt and whimsical legal process. What passes off as a “justice system” in Ethiopia is little more than a marketplace where “justice” is bought and sold in a monopoly controlled by one man supported by a few nameless, faceless and clueless men who skulk in the shadows of power. It is a justice system in which universal principles of law and justice are disregarded, subverted, perverted and mocked. It is a system where the poor, the marginalized, the audacious journalists, dissidents, opposition and civic society leaders are legally lynched despite the criticism and bootless cries of the international community. It is a system in which regime leaders, their families, friends and cronies are above the law and spell justice “JUST US”.
My first critique of the TPLF/EPDRF “justice system” appeared in 2006 when I wrote a 32-page analysis titled, “Keystone Cops, Prosecutors and Judges in a Police State.” It was written in the first year of what has become my long day’s journey into the dark night of advocacy against human rights violations in Ethiopia and Africa. The piece was intended to be a critical analysis of the trial of the so-called Kality defendants consisting of some 130 or so major opposition leaders, human rights advocates, civic society activists, journalists and others in the aftermath of the 2005 election. I tried to demonstrate that the show trial of those defendants was little more than a third-rate theatrical production staged to dupe the international community. I also tried to show how a dysfunctional and bankrupt judicial system was used to destroy political opposition and dissent. I described the “judicial proceedings” of the Kality defendants as “an elaborate hoax, a make-believe tribunal complete with hand-picked judges, trumped up charges, witless prosecutors, no procedures and predetermined outcomes set up to produce only one thing: a monumental miscarriage of justice.”
A glossy “diagnosis” of corruption in the Ethiopian justice sector
The WB’s “diagnosis” of corruption in “Ethiopia’s justice sector” is based on “interviews of 60 individuals” including “federal judges and prosecutors”, police, private attorneys, etc. in the capital and at another location. No ordinary citizens were included in the interview panel or the smaller focus groups. The study is intended to “explore the incidence of corruption in Ethiopia’s justice sector (including not only the courts but also several other organizations).” The “justice sector” includes, among others, “courts, police, prosecutors, administrative agencies with quasi-judicial powers, and public and private attorneys, prisons, and those in the executive and legislative branches responsible for enacting the laws and regulations governing their operations”.
The report begins with unusual disclaimers and apologia. The author proclaims that “this report begins from an agnostic standpoint—attempting only to document reality in Ethiopia’s justice sector and to compare it… with the situation elsewhere in African and other countries…” It is not clear what she means by “an agnostic standpoint”, but her analysis is frontloaded with servilely apologetic language manifestly intended not to offend or appear to point an accusatory finger at the ruling regime in Ethiopia. The report appears to have been written with some trepidation; perhaps the author was afraid of a backlash (tongue-lash) from the regime. The author timorously tiptoes around well-established and notorious facts about corruption in the regime’s justice sector. In light of the many disclaimers, reservations and contingencies in the report, it is obvious that the author does not want to call a spade a spade, so she calls the spade a bucket. But corruption by any disclaimer is still corruption; and Ethiopia’s justice sectors reeks of corruption.
The author claims an examination of “corruption in the justice sector is important because it undermines the peaceful resolution of conflicts, the control of corruption in other sectors, the strengthening of the normative framework underlying private and public actions (the rule of law), and the creation of a predictable environment for public and private transactions.” According to the study, corruption in the Ethiopian justice sector “takes one of two forms: (a) political interference with the independent actions of courts or other sector agencies, or (b) payment or solicitation of bribes or other considerations to alter a decision or action.” The study claims the “most common form of corruption involves bribes solicited by or offered to police to ignore a criminal offense, not make an arrest, or not bring witnesses or suspects to court (which can cause a provisional adjournment of the case). Traffic police are the worst offenders.” Another “common form of corruption” involves “payment of court staff to misplace case files or evidence” (a practice that has nearly disappeared because of new judicial policies on archive management introduced under a Canadian International Development Agency program”.
