Birtukan - Pardon Petition is the only way!

Mekonnen Kassa (Sep 2010)

First let me say that our Prime Minister performed superbly at the World Leaders Forum and made Ethiopians proud. Unfortunately a very valuable time that would have been better spent discussing important policy matters was lost because of some misinformed and ill-informed questions.

During a Q&A session at Columbia University’s World Leaders Forum, the question of Birtukan Mideksa’s incarceration was raised. After a painfully detailed chronological description of the case, Prime Minister of Ethiopia Meles Zenawi said “...Given her (Birtukan’s) past practice, I wouldn’t be surprised if she asked for a pardon again. And given the practice of the government, I wouldn’t be surprised if the government were to pardon her again.”

As I indicated on my commentary about this case in January 2010, see below, if those who care for Birtukan are genuine in their desire to get her released and if they sincerely believe the political process can benefit by having her lead an opposition party, then I say encourage her to petition for a pardon again. That is the only way out of the situation.

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Do the right thing! Stop Playing Politics with Birtukan.

Mekonnen Kassa (Jan 2010)

As one proponent of passing the political leadership to young Ethiopians, I would love to see politically savvy young leaders with a skill to make compromises and build consensus lead a political party and help build a democratic political system in Ethiopia.

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While the right thing to do now for genuinely concerned person is to work through the legal process and try to secure her release, in what can only be understood as insanity, opposition political leaders are making inflammatory speeches and her supporters are holding candlelight vigils, person of the year nominations, and letter writing campaigns to appear to be making an effort to get her released. Even an elementary politician knows that they are playing politics and using the situation to rally the tired and docile opposition supporters at the expense of her situation.

Unless granting Birtukan a pardon is prohibited by law, which I am sure is not the case, Birtukan herself, her family members, or her lawyer are legally authorized to petition for a pardon again. I have read “The Proclamation to Provide for the Procedure of Granting a Pardon” and nowhere in Proclamation No. 395/2004 is Birtukan prohibited from petitioning for Pardon again and again. To the contrary, Article 14, sub Article 1 and 2 stipulate that she has the right to petition for a pardon any time after her sentence became effective, and if her petition is rejected, she can apply again every six month.

I have also copied here what I think are applicable articles from Proclamation No. 395/2004:

· Article 12, Sub Article 1: The convicted person or lawyer or relative can petition for pardon

· Articles 8, Sub Article 2(a): All petitions for pardon should be addressed to the Office of the Board of Pardon.

· Article 4, sub article 1: The Board examines the petition and forwards a recommendation to the President of Ethiopia

· Article 10, Sub article 1: The President can grant or deny pardon based on Board recommendation or can override the recommendation on his own appreciation of the facts

In point of fact, as shown above, the law unambiguously authorizes the Board of Pardon and the President of Ethiopia to look in to her release, but new opposition leaders like Siye Abraha are pleading with the Prime Minister of Ethiopia to release Birtukan. This is clearly playing politics and a frivolous attempt by them to hint that the Prime Minister of Ethiopia is the one who controls the judiciary and circumvents the law.

If all who claim to care for Birtukan are genuine and as they claim miss her and desperately need her leadership, then the right thing to do is to advise her to petition for pardon and follow through the legal process. And if Birtukan were sincere about her first plea for pardon but believed it did not follow the legal process properly; herein lays her chance to do it the right way. Birtukan herself is the only “master of her fate.”

Peace and prosperity for Ethiopians.