In late 2006, Somalia again became one of the battlegrounds in the so-called “war on terror”. Whether you were there or trying to leave, you were under suspicion.
At least 140 people were arrested by Kenyan authorities between the end of December 2006 and February 2007 as they tried to enter Kenya from Somalia. Though many were fleeing the fighting, they were not allowed to make refugee claims, or even contact the UN High Commissioner for Refugees. Many were in poor health from the difficult journey to the border, but they were denied medical care.
Instead, they were held without charge in several police stations in Nairobi and at the Airport. Most were not allowed to contact relatives or lawyers. Several were questioned, including by US agents. 27 were released or returned to their home countries. Only one detainee was charged.
This group of 140 people included nationals from at least 17 countries in the Middle East, Africa, and Europe as well as the USA and Canada.
At least 80 of the detainees were later unlawfully transferred to Somalia and Ethiopia in what is now believed to have been a form of extraordinary rendition. Among those detainees was Canadian citizen Bashir Makhtal.
Unfortunately, this was just the start of a litany of serious human rights violations which have marked the case of Bashir Makhtal over the past three years, culminating on August 3rd, 2009 when he was sentenced to a life term following a trial that fell far short of international standards for fair trials.
Although his initial detention was in the context of the alleged involvement in the conflict in Somalia, it became clear that this was yet another case of “opportunistic arrest”. Mr Makhtal was later accused and convicted on three charges related to alleged involvement in the Ogaden National Liberation Front. Though his grandfather was one of the founders of the OLNF, Mr Makhtal has consistently denied any involvement with the organization.
Bashir Makhtal’s treatment in detention has been like that of many political detainees in Ethiopia:
- He was held incommunicado for an extended period of time.
- His case was initially dealt with by a military tribunal, in Amharic – a language Mr Makhtal does not understand. He was denied access to a lawyer to represent him during those proceedings.
- He had no contact with his family during the first two years of his detention .
- He was never given clear information about the nature or basis of the charges against him.
- He was not given regular access to a lawyer or allowed to meet privately with him.
- cross examination of witnesses at a subsequent civilian trial was limited as was his ability to call witnesses in his defence (many who could have been called had fled fearing for their safety).
- Canadian consular officials have been given very limited access to Mr Makhtal, and never privately.
- There are ongoing concerns about his health as well as the possibility of ill-treatment or torture.
Amnesty International has repeatedly called on the Ethiopian authorities to bring Bashir Makhtal to trial in proceedings that meet internationally-recognized fair trial standards or to release him immediately and unconditionally. With no prospect for fair legal proceedings, the only remedy after years of injustice in this case is to release Bashir Makhtal and allow him to return to Canada.
Unlike some of the other security-related cases of Canadians detained abroad, several cabinet Ministers, including John Baird (Transport) and Lawrence Cannon (Foreign Affairs), have advocated for Bashir Makhtal’s human rights in meetings with officials in both Canada and Ethiopia. However, these efforts appear to have stalled. It’s time for Prime Minister Stephen Harper to personally take up the case of Bashir Makhtal.
Impact on Bashir Makhtal’s Family
The Canadian government has made some effort to assist other members of Mr. Makhtal’s family in Ethiopia and the region, all of whom have borne the consequences of the Ethiopian government’s actions. In particular, Amnesty International welcomed the fact that the government facilitated the resettlement of Mr. Makhtal’s wife, Asisa Osman Abdi, to Canada earlier this year.
Other relatives of Mr. Makhtal remain in very difficult conditions. Mr. Makhtal’s sister, Rukiya, and several members of her family have had to flee to a UN refugee camp in Kenya, as she herself was imprisoned for several months and badly mistreated at the time of Mr. Makhtal’s arrest. With Amnesty International’s help, they are in the process of seeking UNHCR approval to resettle as refugees in Canada. Your government’s efforts to support and expedite their resettlement would be greatly appreciated.
Mr. Makhtal’s older brother, Hassan Ahmed, was also imprisoned and sentenced to a 15 year prison term around the time of Mr. Makhtal’s arrest. He was released in March 2009 after 22 months imprisonment, because he was in extremely poor health. Tragically he died In November 2009. It has not yet been possible to clarify and confirm whether his death was related to his treatment in prison or the conditions of detention. Amnesty International is also calling on the Canadian government to press Ethiopian authorities to ensure that there is an independent investigation of the circumstances that led to Hassan Ahmed’s death.
Hilary Homes is Amnesty International Canada’s campaigner on international justice, security and human rights.
