Re: Constitutionality of the “Emergency Ban Against Demonstrations” - MELES' TOP LAWYER SAYS MELES VIOLATED THE CONSTITUTION

As the Chief Legal Adviser to Meles, Dr. Fassil Nahum is central to Mele's undermining of the constitution. Dr. Fassil's integrity as a lawyer was in question. It should be recalled that Dr. Fassil was also Dean of AAU Law School during the dergue and also Chief Legal Adviser to the dergue. As Chief Legal Adviser to the Prime Minister, Dr. Fassil would be answerable for the unconstitutional exercise of power by the Prime Minister and the incumbent government during the last month.

The timing of Dr. Fassil's article is interesting. Dr. Fassil's is either motivated by self-interest to exculpate him from the legal liabilities attached to the criminal acts perpetrated by his client government or to signal that the Prime Minister is acting against the legal opinion of his Chief Legal Adviser. Dr. Fassil's direct involvement in the unconstitutional acts would not only subject him to criminal liability but would disqualify him, for example from seeking asylum, should he decide to leave Ethiopia. This article may well be designed to set the stage for an asylum claim. Whatever, his motivation, the article should have been written immedietly upon the Prime Minister's illegal act on May 15, because by so doing, Dr. Fassil could have had some impact and saved the many lives lost.

It is to be noted that the Constitutional Inquiry Commission, Chaired by Ato Kamal Bedri, who is also President of the Federal High Court and Chairman of the Electoral Board has been requested to review the constitutionality of the Prime Minister's unconstitutional exercise of "emergency" powers. Dr. Fassil is a member of this Commission and the article now disqualifies him from participation as a Member of the Constitutional Inquiry Commission.

It is also to be recalled that the Prime Minister, in disregard of the opinion expressed in the article by his Chief Legal Adviser has extended the unconstitutional ban against demonstrations for yet another month.

There are several, noted Ethiopian international lawyers, including Dr. Yacob Hailemariam, who are no doubt monitoring the events in Ethiopia carefully. (It should be noted that Dr. Yacob was a target of assassination last week.)

The fact that the Prime Minister has placed the security forces under his direct command further signals that there are others, like Dr. Fassil, in the cabinet who have distanced themselves from Ato Meles. The silence of the Foreign Minister and the non-involvement of the Defense Minister with the Aggazi and the disputes concerning which element of the security forces fired bullets on the unarmed civilians points to a positive awareness of the culpability of the officials under international law.

Even though it was late in coming and despite Dr. Fassil's motives, we applaud his integrity and loyalty to his oath as a lawyer in advising us where he stands and what he must have advised the Prime Minister. We particulalry applaud him, because we realize that his article will not be without consequence to him. Dr. Fassil has not only been one of the closest advisers to the Prime Minister but also happens to be, like the Prime Ministers Chief Economic Adviser, Ato Newaye-Christos Gebreab, from the same communiy in Adwa.

The article demomstrates that the Prime Minister has rejected the advise of his own Chief Constitutional Law Adviser and has placed himself above the constitution and international law
http://www.ethiopianreview.com/

This has very serious implications. Because it is the Chief Legal Adviser himself saying that Meles - acted unconstitutionally last may and again yesterday when he renewed the ban without complying with the constitutional requirements.

This is something that must be widely publicized and copies sent to VOA, and the opposition and German Radio, Finot etc. so that the Ethiopian people can hear about this I have already done so. Please help circulate widely to others, particularly the private press in Ethiopia..

Reference to this site is:

http://www.ethioindex.com/medrek2/viewtopic.php?t=13361

Email: Idris2004@hotmail.com

ON ETHIOPIAN REVIEW PAGE:

IN LEFT COLUMN SCROLL DOWN TO

Scholar says state of emergency violates constitution [/b]

http://www.ethiopianreview.com/

Email: Idris2004@hotmail.com

I wonder, Is there a rule in Ethiopia? What do we mean by rules if there is no law enforcement or rather the enforcers are at the same time criminals? I think what we have in Ethiopia is the rule of Barbarianism or shall we call it Darwinism- the fittest survives i.e. The EPRDF got guns but the people dont!!

Email: rachel_br@yahoo.com

When Amhara quote CONSTITUTION is like Devil quoting from Bible.

To use the Constitution against Meles first you guys believe in the Constitution and sign to abide by it...

Even if you don't like some of the constitution you can Amendment it using the Amendment rule.

As long as you did not sign the constitution agreement you can’t use it against Meles or to support your claim… bad luck try next time to fool us.

Yehonk Dedeb neger neh. Esti yetsafkewn degmeh anbebew

City: Addis

Mamule:

Rather than insults, I invite your intelligent explanation to support your conclusion.

Email: Idris2004@hotmail.com