Home Uncategorized Abubaker Ahmed Mohammed and 30 others

Abubaker Ahmed Mohammed and 30 others

SHARE

Federal High Court

Lideta Criminal Bench

Addis Ababa

Case – Abubaker Ahmed Mohammed and 30 others

  1. Abubaker Ahmed Mohammed
  2. Ahmdin Jebel Mohammed
  3. Yasin Nuru Isa
  4. Kamil Shemsu Siraj
  5. Bedru Huseein Nurhussin (Engineer)
  6. Sheik Mekete Mehie Mekonnen
  7. Sabir Yirgu Mandefro
  8. Mohammed Abate Tesema
  9. Ahmed Mustefa Habib
  10. Murad Shikur Jemal
  11. Abubaker Alemu Muhie
  12. Nuru Turki Nuru
  13. Sheik Bahiru Umer Shikur
  14. Hassen Ali Shuraba
  15. Munir Hussein Hassen
  16. Sheik Seid Ali Juhar
  17. Sheik Sultan Haji Aman
  18. Yesuf Getachew
  19. Sheik Jemal Yasin Raje’u
  20. Mubarek Adem Getu Aliye
  21. Sheik Tahir Abdulkadir Abdulhafiz
  22. Khalid Ibrahim Balcha
  23. Abdulrezak Akmel Hassen
  24. Hassen Abi Seid
  25. Ali Meki Bedru
  26. Sheik Haj Ibrahim Tuhifa
  27. Sheik Abdurahman Usman Khelil
  28. Habiba Mohammed Mohammud
  29. Dr Kemal Haji Geletu Mame

Legal Persons

  1. Albir Development and Cooperation Association
  2. NMA Charitable Association

First charge against 1st – 29th defendants

  • The offense of contravening articles 32(1)(a)(b) and 38(1) of the FDRE Penal Code of 2004 and articles 3(1)(4)(6) and 5 of the Anti-Terrorism Proclamation (652/2009)
  • Participating in the offense as principal offenders, entering a conspiracy agreement and accepting the commission and consequences of the offense, committing the offense of terrorism by, contrary to the freedom of religion guaranteed under the FDRE Constitution, adopting a religious cause that no religion, thought or teachings other than their own extremist thinking and teachings should exist in Ethiopia, and a political cause to establish a religious (theocratic) government in the country; since 2008/2009, adopting short, medium and long term plans and strategies under a clandestine religious teachers’ group they established
  • Establishing different non-governmental organizations and using these organizations to implement their terrorist goals by spreading extremism; raising large amounts of money from domestic and foreign sources and dispersing these funds; establishing institutions not recognized by the Majlis (Islamic Affairs Council) for the purposes of spreading extremism, creating and using media outlets that preach said extremism; receiving training abroad on religious fanaticism and extremism; importing books from abroad and having discussions based on the books on ways to establish a religious government; using as an opportunity disagreements that arose in relation to administrative questions raised in December 2011/January 2012 by students at Awolia College located in Kolfe Keranio Sub-city to implement their terrorist goals, establishing a Committee that purports to bring a solution by taking the students’ questions to the relevant authority by selecting each other as members; with the intent to make it appear as though they were elected by the public, going to Awelia College and holding an election by taking control of the stage and using different excuses to oust 14 out of the 20 representatives elected by the public and including 11 individuals that have views similar to that of the terror group in a committee they established and called “Ethiopian Muslim arbitration committee”; having people sign a petition to make it appear as though the Committee was elected by the public and to give it a legal cover; by using and bending the students’ questions to serve their own terrorist goals, taking control and leadership of the process, since 14 January, 2012, inciting the public into terrorism by making declarations (to the public that gathers for Friday prayers at Awolia Mosque and at gatherings in Addis Ababa and regions that they organize for their terrorist goals to which they call the public claiming it to be for Sedeqa and solidarity events, and through religious media outlets established for this purpose, books, flyers and documentary films) that claim and seek to make it appear as though the Muslim community’s freedom of religion is not being respected, that it is being deprived of its freedom of religion, that the government is systematically victimizing and oppressing the Muslim community in the same way previous regimes had done, that it is being forced to change its religion and that it is intentionally being prevented from attending higher education; inciting terror by calling on the Muslim community to ‘rise up for Jihad to liberate your religion’ and declaring that ‘the ruling government does not govern us’; ‘killing Imams that preach outside of extremist teachings is Jihad’; ‘we shall continue our struggle will continue unless all other religious teachings are eradicated from Ethiopia’; ‘we must be ready to pay sacrifices including our lives’
  • Intending to advance their political and religious cause, to coerce the government or intimidate the public or section of the public and to destabilize the fundamental political and constitutional institutions of the country, inciting and calling for Jihad and mutiny; specifically, after presenting the questions the Committee uses as a cover to different government bodies:
  • Despite being given answers on 5 March, 2012 causing the continuation of the act of terror by claiming that they were not provided answers and inciting disturbance in different parts of Addis Ababa
  • Specifically, because of disturbance at the Great Anwar Mosque and Awelia Mosque on 13 July, 2012, causing:
  • serious bodily injury to an individual named Colonel Girmay G/Michael
  • property damage estimated at birr 55,000 to Awelia Mosque and School; property damage estimated at birr 61,944 to five Anbesa public transportation buses; property damage estimated at birr 27,347 to building belonging to Bedir Construction Traders P.L.C; property damage estimated at birr 7,500 to two motor vehicles belonging to persons named Teshale Dagne and Sufian Beyan (property damage estimated in total at birr 151,791)

Second charge – against 1st – 29th accused charged with:

  • The offense of contravening articles 27(1), 32(1)(a)(b),38(1) and 238(1)(a) and (2) of the FDRE Penal Code of 2004
  • Participating in the offense as principal offenders and entering a conspiracy agreement, committing the offense of attempting to overthrow the Constitution and constitutional order – intending to dismantle the Constitution and constitutional order, since 2008/2009 establishing a clandestine religious teachers’ group, adopting a political goal to establish a religious (theocratic) government in the country, and adopting short, medium and long term plans and strategies, and through the commission of the offenses under the first charge; intending to overthrow/dismantle religious equality that is enshrined in the Constitution, inciting different protests and terrorist acts to overthrow constitutional declarations, do away with all faith other than religious fanaticism, and replace them extremism
  • On 14 July, 2012, at a public gathering at the Great Anwar Mosque, making speeches, statements and declarations that erode confidence in the constitutional order such as:
  • ‘Muslims should rise up and come out because the government is interfering in our religion’
  • ‘Police has killed Muslims, what are you waiting for?’
  • ‘Government is working with the Islamic Affairs Council (Majlis) to spread views outside of our views by using 60 million dollars designated by foreign governments’; ‘we will give our necks for our religion’; ‘Bowing for Salat is being banned at universities’; ‘government has started stomping our religion’
  • ‘We must incite the Oromo people and Christians into protesting’
  • ‘The Muslim community has become one whose religious freedom is not respected and who is deprived of his religious freedom’; ‘the ruling government does not govern us’
  • ‘Because the government is interfering in our religion, we are not afraid. We have declared Jihad, we must bring down this government and establish a religious government’

thereby, using these statements to incite and prepare for protests and causing bodily injury to human beings and damage to property

Third charge – against 30th defendant:

  • The offense of contravening article 34(1) of the FDRE Penal Code of 2004 and article 5(1)(d) of the Anti-Terrorism Proclamation (652/2009)
  • Committing the offense of supporting terrorism – with 17th and 10th accused as its manager and deputy manager respectively, in violation of the charitable cause it was established for, intending to advance and achieve the cause of the terror group under the first charge, since January/February 2012, facilitating space for and hosting the terror group’s meetings held with a terrorist agenda in Nifas Silk Lafto Sub-city, Gofa area; at 7:00 PM on 12 April, 2012, around Nifas Silk Lafto Sub-city, Sar Bet Carl Avenue, capture of a car belonging to the association carrying, in accordance with orders from 10th accused, the terror group’s flyers to be distributed for the purposes of protest and to incite disturbance

Fourth charge – against 31st defendant:

  • The offense of contravening article 34(1) of the FDRE Penal Code of 2004 and article 5(1)(d) of the Anti-Terrorism Proclamation (652/2009)
  • Committing the offense of supporting terrorism- with 21st accused as its manager, in violation of the charitable cause it was established for, intending to advance and achieve the cause of the terror group under the first charge, since January/February 2012, facilitating space for and hosting the meetings held by the terror group, which 21st accused is a member of, in Nifas Silk Lafto Sub-city, Mekasa area

Prosecutor’s evidence

Witnesses

  • 197 in number – in accordance with Witness Protection Proclamation 699/2003 and article 32 of the Anti-Terrorism Proclamation (652/2009), the identity of the prosecutor’s witnesses not revealed in the copy of the charge given to the accused

Please click here to download the full charge in Amharic.

Please click here to download all court documents, except for final ruling, related to this trial.

 

Ethio Tracker

LEAVE A REPLY

Please enter your comment!
Please enter your name here