News Analysis: Fed. Court grants police more days to remand, investigate senior TPLF officials, allows private treatment for ailing Sibhat Nega

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By Mahlet Fasil @mahletfasil

Addis Abeba, February 26/2021 – Federal First Instance Court, Arada Division, pre-trial appointment hearing bench in its session on today looked in to the cases of the 20 TPLF officials who are under the federal polices custody, who appeared at the court for the fourth time.

In today’s hearing the police have once again appealed for additional days for investigation the senior TPLF officials including Sebhat Nega and Abay Woldu. Despite three similar grants in the last few weeks, the police said that they couldn’t complete their investigation within the 14 days previously allotted by the court.

The police further said that they have received the testimony of 85 witnesses and organized overall 200 testimonials and that they have compiled two bags of paperwork from Mekelle, the capital of Tigray regional state, to which 500 pages of transcribed documents are attached as evidence. There are documents that are yet to be brought from Mekelle, the police said and asked for additional days to receive additional testimonies. The police also said that they are keeping track of the weapons the detains individuals were using. 

The suspects’ lawyers, for their part, argued that the police are using the same excuses they used during the last three hearings to ask for additional days and asked the court about their appeal to provide medical treatment of the first defendant Sebhat Nega, 87, at the previous session.

The court heard the arguments of both sides and  ruled that Sebhat can receive medical treatment by his personal doctors inside the prison. The court said that Doctors have the right to appeal to a court if equipment is needed and their clients need to be taken to the hospital. The 13 days  requested by the police were granted and the court was adjourned until March 11, 2021.

The TPLF officials appeared at the court for the fourth time after the last hearing was adjourned to hear the results of police investigations on the accused including TPLF veteran and founder Sibhat Nega, former Tigray state president Abay Woldu, former speaker of the House of Federation Keria Ibrahim, former finance minister Abraham Tekeste (Dr.), former MP and state Minister for Transport, Mulu Gebre-Egziabher, as well as senior former TPLF officials Kidusan Nega, and Ambassador Abadi Zemo.

During the hearing on Friday February 19, the federal Police told the judges that they have already collected 113 witness statements and documented material evidences from Mekelle through the investigation team based in the region’s capital. The Police also indicated that it has attached infrastructural damage and loss assessment documents allegedly caused by TPLF’s attacks on public infrastructure along with the files, which are divided into three files.

However, in relation to all the three files, the police have indicated that there were remaining works on gathering additional witness statements and supplementary evidence materials with the remaining findings collected by the investigation team in Mekelle. The police also claimed that letters sent to different government institutions were not returned with answers yet and requested 14 more days to remand and further investigate the accused.

Lawyers representing the accused on the other hand argued that the indictments on the police appeals do not separately and clearly show individual participation of the accused for the alleged crimes but rather show the security circumstances encountered in the Tigray region. The lawyers also raised their concerns over the extended detention of the accused without charges in cases that require a limit to its scope. Additionally, the lawyers pointed that the police have not clearly indicated which of the said 113 witnesses are testifying against which accused.

Ailing Sibehat Nega

Sibhat Nega, aged 87, and who appeared visibly ill and unable to stand in the court room during the last hearing, has requested the court through his defense lawyers to allow him a private medical treatment at Addis Hiwot Hospital in Addis Abeba, where he had his medical history.

The federal police however opposed to the request on grounds that the accused was prone to security risks and that it is not convenient for the police to ensure security over the requested private medical center. The court then adjourned until the next hearing to give its verdict on whether or not to the request.

The 5th accused in the same file, Hiriyti Mihirteab has also appealed about her family’s suffering as her house was sealed, making it inaccessible to her family. The court rejected the appeal and said it should be raised in another hearing.

Tewodros Hagos, the 7th accused, also appealed that while his house was searched, the police confiscated Birr 10,600 that his wife was paid from a local social security association. He also appealed that his pension bank book and other bank books of his children and his house ownership certificate as well as USD 2000 that was left from his medical expense were all confiscated, leaving his family in dire need. The Police replied that the money was confiscated as exhibit as part of finance used to commit alleged crimes, which the police didn’t specify. The judges have therefore ordered police to identify the connection of the money with the alleged crime, and return the money if there is no link established.