Urgent Call for Justice: Protecting Women’s Rights in Tigray

The need for a thorough investigation into the brutal killing of Zewdu Haftu, a 32-year-old woman in Mekelle, the capital city of the Tigray region, cannot be overstated.

The need for a thorough investigation into the brutal killing of Zewdu Haftu, a 32-year-old woman in Mekelle, the capital city of the Tigray region, cannot be overstated. Despite the signing of the Pretoria Peace Agreement in November 2022, atrocities against women in Tigray continue unabated, highlighting the ongoing crisis in the region.

The Tragic Incident

On the evening of August 20, 2023, Zewdu Haftu returned home accompanied by her friend, Semhal Gebrezgher. Zewdu informed her sister, Birtukan, that she was invited to a birthday party by Semhal but did not disclose any other details. After changing her clothes, she left with Semhal. Approximately an hour later, Birtukan received a devastating call from Ayder Referral Hospital informing her of Zewdu’s death.

Semhal, who was under medical treatment at Ayder Referral Hospital, recounted the horrifying events leading to Zewdu’s murder. After eating cactus in the neighborhood, the two women continued walking towards the party. Near Zewdu’s house in Adi Hawsi, close to Desta Hotel, in Mekelle, a white car approached from behind. Someone from the car grabbed Zewdu’s hand, dragging her into the vehicle as it sped away. Despite Semhal’s desperate attempt to follow the car, she could not keep up. Zewdu’s body was later found with severe head injuries and bleeding on the street

Injustice and Misconduct

Semhal survived the ordeal but faced an unjust turn of events. Initially placed under police custody at Ayder Hospital, she was forcibly removed from the hospital on August 30 by police officers without a proper medical discharge. According to a legal professional in Mekelle, Semhal was supposedly being taken as a witness but was labeled a “suspect” in an arrest warrant. On September 1, she was brought to court without legal representation and remanded to police custody. Advocates for justice decried Semhal’s removal from the hospital as a betrayal, further exacerbating the trauma she endured. She is free now but what she faced is truly a violation of her human rights.

Persistent Atrocities Against Women

The women of Tigray have faced severe atrocities throughout the genocidal war, and the ongoing violence against them is a stark reminder of the region’s turbulent state. According to some sources, there are 15 open cases of women who have been murdered since 2022 when the war ended. The brutal killing of Zewdu Haftu underscores the persistent dangers women face and the urgent need for justice. These acts of violence stand in stark contradiction to cultural values that honor and protect women.

Allegations of High-Level Interference

The case has been further complicated by high-level interference. Vice Police Commissioner Gebreselassie’s wife’s brother has been implicated in Zewdu’s murder. Leaked letters indicate that Gebreselassie threatened police commissioners who were earnestly trying to conduct an impartial investigation. Additionally, the Vice Police Commissioner’s wife reportedly threatened a police commissioner involved in the case, raising serious concerns about the integrity of the investigation.

Human Rights Violations

The brutal killing of Zewdu Haftu and the subsequent handling of the case involve multiple violations of international human rights laws, including:

Right to Life

The right to life is a cornerstone of international human rights law, enshrined in several key documents, most notably Article 3 of the Universal Declaration of Human Rights (UDHR) and Article 6 of the International Covenant on Civil and Political Rights (ICCPR). These articles affirm that every individual has the inherent right to life, and this right must be protected by law. The state has an obligation to ensure that no person is arbitrarily deprived of their life, reflecting a commitment to upholding the sanctity of human life under all circumstances

Article 3 of the UDHR

Article 3 of the UDHR states: “Everyone has the right to life, liberty, and security of person.” This declaration, adopted by the United Nations General Assembly in 1948, establishes the right to life as a fundamental and universal entitlement, underscoring the importance of protecting individuals from unlawful killings and ensuring their safety.

Article 6 of the ICCPR

Article 6 of the ICCPR elaborates further: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” The ICCPR, which entered into force in 1976, is a binding treaty that requires signatory states to adopt measures that protect individuals against arbitrary killings. It mandates legal frameworks that both prevent unlawful killings and ensure accountability when violations occur.

Gross Violation in Zewdu Haftu’s Case

Zewdu Haftu’s murder constitutes a gross violation of the right to life for several reasons:

1. Arbitrary Deprivation of Life: Zewdu Haftu was forcibly abducted and subsequently killed in a violent manner, reflecting an arbitrary and unlawful deprivation of life. Her abduction by unknown assailants in a car and the severe head injuries inflicted upon her indicate a deliberate act of violence with the intent to cause death.

2. Failure of State Protection: The state’s primary duty is to protect its citizens from harm, including preventing and responding to acts of violence that threaten life. The inability to protect Zewdu Haftu from abduction and murder highlights a significant failure in the state’s protective responsibilities. This failure is compounded by the subsequent mishandling of the investigation and the obstruction of justice by high-ranking officials.

3. Lack of Accountability: Ensuring accountability for such crimes is a critical component of protecting the right to life. The involvement of high-level officials in obstructing the investigation into Zewdu Haftu’s murder further undermines the state’s duty to provide justice and accountability. The interference by Vice Police Commissioner Gebreselassie and threats against police commissioners indicate a serious breach of judicial and investigative integrity, allowing perpetrators to evade justice and perpetuating a culture of impunity.

4. Impact on the Community: The violation of Zewdu Haftu’s right to life extends beyond the individual to affect the broader community, particularly women in Tigray who face heightened risks of violence. Her murder sends a message of fear and vulnerability, undermining the sense of security that the right to life is meant to guarantee. The ongoing violence against women in the region highlights a systemic issue that necessitates urgent and comprehensive action.

Broader Implications

The murder of Zewdu Haftu and the lack of effective legal and protective measures reflect broader issues within the Tigray region and, by extension, the state’s adherence to international human rights obligations. Addressing this gross violation requires:

– Thorough and Impartial Investigation: An independent and transparent investigation must be conducted to identify and prosecute those responsible for Zewdu Haftu’s murder. This includes addressing any high-level interference that compromises the investigation.

– Strengthening Legal Protections: The state must strengthen its legal frameworks to prevent arbitrary deprivations of life, ensure effective law enforcement, and protect vulnerable populations, especially women.

– International Oversight and Support: The international community should monitor the situation closely, providing support for investigations and holding the state accountable to its human rights obligations under the UDHR and ICCPR.

By upholding the right to life, states not only protect individuals but also reinforce the foundational principles of dignity, security, and justice that are essential for a peaceful and equitable society. The case of Zewdu Haftu is a stark reminder of the urgent need to address and rectify systemic failures in protecting human life.

Freedom from Torture and Inhumane Treatment

The principle of freedom from torture and inhumane treatment is a core tenet of international human rights law, enshrined in Article 5 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the International Covenant on Civil and Political Rights (ICCPR). These provisions unequivocally prohibit any form of torture or cruel, inhumane, or degrading treatment or punishment, emphasizing the protection of human dignity and physical integrity.

Article 5 of the UDHR

Article 5 of the UDHR states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” This declaration, adopted in 1948, establishes the global standard against all forms of physical and psychological abuse, mandating that individuals must be treated with respect and dignity under all circumstances.

Article 7 of the ICCPR

Article 7 of the ICCPR asserts: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.” This legally binding treaty, which came into force in 1976, obligates state parties to adopt measures to prevent such abuses and to provide redress for victims.

Violations in the Case of Zewdu Haftu and Semhal Gebrezgher

The brutal killing of Zewdu Haftu and the subsequent mistreatment of Semhal Gebrezgher represent clear violations of the prohibition against torture and inhumane treatment:

1. Severe Physical Violence Against Zewdu Haftu: The nature of Zewdu Haftu’s murder involved severe head injuries and extreme physical violence, indicative of cruel and inhumane treatment. Such acts not only caused immense suffering and pain but also reflect a blatant disregard for her human dignity. The brutality of the assault qualifies as torture under international definitions, which encompass any act that inflicts severe physical or mental pain for purposes such as punishment or intimidation.

2. Psychological Trauma and Mistreatment of Semhal Gebrezgher: Semhal Gebrezgher experienced significant psychological trauma from witnessing her friend’s abduction and murder. Her subsequent treatment by authorities further compounded her suffering:
   – Forcible Removal from the Hospital: Semhal was forcibly removed from Ayder Referral Hospital by police officers without a proper medical discharge, disregarding her need for medical care and recovery.
   – Wrongful Detention and Lack of Legal Representation: Initially detained under the guise of being a witness, Semhal was later wrongfully labeled as a suspect, denied her right to legal representation, and subjected to police custody. This arbitrary and degrading treatment exacerbated her psychological distress and violated her rights under international law.

Systemic Failures and Human Rights Violations

These instances of physical and psychological abuse highlight systemic failures within the local law enforcement and judicial systems, underscoring broader issues of impunity and lack of accountability. The violations against Zewdu and Semhal reveal a pattern of abuse that demands comprehensive redress and reform.

Broader Implications and Call to Action

Addressing these violations requires immediate and decisive measures:

1. Independent Investigation and Accountability: There must be an independent investigation into the brutal killing of Zewdu Haftu and the mistreatment of Semhal Gebrezgher. Those responsible for these acts, including any officials involved in obstructing justice or abusing their power, must be held accountable.

2. Protection and Support for Victims: Adequate support and protection must be provided to victims of torture and inhumane treatment. This includes medical and psychological care, legal assistance, and mechanisms to ensure their safety and well-being.

3. Strengthening Legal and Institutional Frameworks: The state must strengthen its legal and institutional frameworks to prevent torture and inhumane treatment. This involves training law enforcement officials on human rights standards, implementing robust oversight mechanisms, and ensuring that violations are promptly investigated and redressed.

4. International Oversight and Advocacy: The international community and human rights organizations must  monitor the situation, advocate for justice, and support efforts to uphold human rights in Tigray. This includes providing technical assistance and resources to strengthen local capacities for human rights protection.

By addressing these violations and implementing necessary reforms, the state can reaffirm its commitment to upholding human dignity, preventing further abuses, and ensuring justice for victims like Zewdu Haftu and Semhal Gebrezgher. These actions are crucial for restoring trust in the rule of law and protecting the fundamental rights of all individuals.

Right to Security and Protection

The right to security and protection is a fundamental human right guaranteed by Article 9 of the International Covenant on Civil and Political Rights (ICCPR). This article emphasizes the importance of liberty and security for all individuals, obligating states to safeguard these rights through effective legal and protective measures.

Article 9 of the ICCPR

Article 9 of the ICCPR states: “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” This provision establishes that individuals should not only be free from arbitrary detention but also have their personal security protected by the state.

Failures in the Case of Zewdu Haftu and Semhal Gebrezgher

The cases of Zewdu Haftu and Semhal Gebrezgher illustrate significant breaches of the right to security and protection:

1. Failure to Protect Zewdu Haftu:

   – Inadequate State Protection: Zewdu Haftu’s abduction and murder demonstrate a clear failure by the state to protect her personal security. The violent manner in which she was taken and subsequently killed underscores the absence of effective law enforcement and protective measures in place to prevent such attacks. This lack of protection is a direct violation of the state’s obligation under Article 9 to ensure the security of its citizens.
   – Absence of Preventive Measures: The state’s inability to prevent the violent attack on Zewdu indicates systemic issues within local security frameworks. Effective measures, such as patrolling, community policing, and rapid response units, should be established to deter such acts of violence and provide immediate intervention when threats are identified.

2. Mistreatment of Semhal Gebrezgher:
   – Forcible Removal from the Hospital: Semhal Gebrezgher was forcibly removed from Ayder Referral Hospital by police officers without a proper medical discharge. This act not only disregarded her need for medical care but also exposed her to additional harm and insecurity, further exacerbating her trauma.
   – Wrongful Detention: Semhal was wrongfully detained under the pretense of being a suspect, despite initially being considered a witness. Her arbitrary arrest and detention without proper legal grounds or representation highlight a serious breach of her right to liberty and security. Such actions reflect a misuse of authority and a lack of adherence to due process.

Broader Implications of These Violations

The failures to protect Zewdu Haftu and the mistreatment of Semhal Gebrezgher have broader implications for the state’s commitment to upholding human rights:

1. Erosion of Trust in Law Enforcement: The inability to protect citizens and the arbitrary detention of individuals erode public trust in law enforcement agencies. This lack of confidence can lead to diminished cooperation between communities and police, making it more challenging to maintain public safety and order.
2. Perpetuation of Impunity: When violations of the right to security and protection go unaddressed, it perpetuates a cycle of impunity. Perpetrators of violence may feel emboldened to continue their actions without fear of accountability, further endangering the lives and security of individuals, particularly vulnerable groups such as women.
3. Undermining the Rule of Law: Arbitrary actions by state officials, including wrongful detentions and interference in investigations, undermine the rule of law. This erosion of legal standards and principles can lead to a breakdown in the justice system, making it difficult to uphold human rights and deliver justice for victims.

Call to Action for Restoring Security and Protection

Addressing these violations requires immediate and comprehensive actions:

1. Reforming Law Enforcement Practices: Law enforcement agencies must undergo reforms to ensure they are equipped to protect citizens effectively. This includes training on human rights standards, establishing accountability mechanisms, and promoting community-oriented policing strategies.
2. Ensuring Accountability and Transparency: Investigations into violations of the right to security must be transparent and independent. Those responsible for failing to protect citizens or for arbitrary detentions must be held accountable, including high-ranking officials who obstruct justice.
3. Strengthening Legal Frameworks: Legal frameworks should be strengthened to provide clear guidelines for the protection of individual security and the prevention of arbitrary detentions. This includes ensuring that all detentions are carried out based on lawful grounds and due process.
4. Providing Support for Victims: Victims of violence and arbitrary detention should receive adequate support, including medical care, psychological counseling, and legal assistance. Ensuring their safety and well-being is crucial for restoring their sense of security and trust in the justice system.

By taking these steps, the state can reaffirm its commitment to upholding the right to security and protection, ensuring that all individuals are safeguarded against violence and arbitrary actions that threaten their liberty and well-being.

Right to a Fair Trial and Legal Representation

The right to a fair trial and legal representation is a fundamental principle of justice enshrined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). This article establishes comprehensive safeguards to ensure that all individuals are treated justly within the legal system, protecting their rights to due process, equality before the law, and adequate legal defense.

Article 14 of the ICCPR

Article 14 of the ICCPR outlines several key components essential to a fair trial:
– Equality Before the Courts: All persons shall be equal before the courts and tribunals.
– Right to a Fair and Public Hearing: Everyone shall be entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law.
– Right to be Presumed Innocent: Everyone charged with a criminal offense shall have the right to be presumed innocent until proven guilty according to law.
– Minimum Guarantees in Criminal Trials: These include the right to be informed promptly and in detail of the nature and cause of the charge, to have adequate time and facilities for the preparation of a defense, to communicate with counsel of one’s own choosing, and to be tried without undue delay.

Violations in the Case of Semhal Gebrezgher

Semhal Gebrezgher’s case demonstrates significant violations of these rights:

1. Removal from Hospital Without Medical Discharge:
   – Disregard for Health and Dignity: Semhal was forcibly removed from Ayder Referral Hospital by police officers without a proper medical discharge. This action not only jeopardized her health but also violated her dignity and right to appropriate medical care. Such treatment can impede an individual’s capacity to engage effectively in their defense and participate in legal proceedings, thus undermining the fairness of the trial.

2. Lack of Legal Representation:
   – Denial of Legal Counsel: Semhal was brought to court without legal representation, violating her right to communicate with counsel of her choosing and to have adequate legal defense. Legal representation is critical to ensuring that individuals can navigate the complexities of the legal system, present evidence, and challenge the prosecution’s case effectively. The absence of a lawyer compromises the integrity of the judicial process and the individual’s ability to mount a robust defense.

3. Wrongful Detention and Mischaracterization as a Suspect:
   – Arbitrary Detention: Semhal was wrongfully detained under the pretext of being a suspect, despite initially being a witness. This arbitrary detention without lawful grounds or proper legal procedures constitutes a serious breach of her right to liberty and security, as well as her right to a fair trial. It underscores a misuse of authority and a failure to adhere to due process.

4. Obstruction of Justice:
   – Interference by Vice Police Commissioner: The involvement of the Vice Police Commissioner, whose wife’s brother was implicated in the murder of Zewdu Haftu, further complicates the case. Leaked letters indicating that the Vice Police Commissioner threatened police commissioners who were diligently investigating the case highlight significant obstruction of justice. Such interference undermines the impartiality and integrity of the investigation and legal proceedings, compromising the right to a fair trial.

Broader Implications and Call to Action

The violations in Semhal Gebrezgher’s case have broader implications for the justice system and the protection of human rights:

1. Erosion of Trust in the Justice System: Arbitrary detentions, lack of legal representation, and interference by high-ranking officials erode public confidence in the justice system. This distrust can lead to a perception of bias and injustice, discouraging individuals from seeking legal redress and undermining the rule of law.

2. Perpetuation of Impunity: When officials obstruct justice and legal processes are compromised, it creates an environment of impunity where perpetrators of violence and abuse feel emboldened. Ensuring accountability for such actions is crucial to maintaining the integrity of the legal system and protecting human rights.

3. Need for Judicial and Legal Reforms: The case highlights the need for comprehensive judicial and legal reforms to ensure that all individuals receive fair and just treatment within the legal system. This includes strengthening safeguards against arbitrary detention, ensuring access to legal representation, and protecting the independence of the judiciary.

Measures to Ensure Fair Trials and Legal Representation

Addressing these violations requires immediate and sustained actions:

1. Ensuring Access to Legal Representation: Legal systems must guarantee that all individuals have access to competent legal counsel from the outset of any legal proceedings. This includes providing state-funded legal aid for those who cannot afford private representation.

2. Protecting Judicial Independence: Measures should be implemented to protect the judiciary and law enforcement from undue influence and interference. This includes establishing independent oversight bodies to investigate and address instances of obstruction of justice and abuse of power.

3. Strengthening Due Process Protections: Legal frameworks should be reinforced to ensure that all detentions and legal actions are conducted in accordance with due process. This includes clear guidelines for lawful detention, prompt and detailed notification of charges, and the provision of adequate time and resources for the preparation of a defense.

4. Providing Redress for Victims: Victims of wrongful detention and legal abuses should receive appropriate redress, including compensation and support services. This helps to restore their dignity and trust in the legal system.

By implementing these measures, the state can uphold the right to a fair trial and legal representation, ensuring that justice is served and human rights are protected for all individuals.


Women’s Rights

The protection of women’s rights is a fundamental aspect of human rights, reinforced by international treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW emphasizes the necessity of safeguarding women from violence and ensuring their rights to security, justice, and equality are upheld. The ongoing violence against women in Tigray, including the murder of Zewdu Haftu and the violation of Semhal Gebrezgher’s human rights, highlights severe systemic failures to fulfill these obligations.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

CEDAW, adopted in 1979 by the United Nations General Assembly, is often described as an international bill of rights for women. It sets out comprehensive measures to eliminate discrimination against women and ensure their equal enjoyment of human rights and fundamental freedoms. Key provisions of CEDAW relevant to the situation in Tigray include:

1. Article 2: Obligates state parties to condemn discrimination against women in all its forms and pursue a policy of eliminating discrimination through appropriate means, including legislation and other measures.
2. Article 3: Mandates the full development and advancement of women to ensure their equal rights and freedoms.
3. Article 5: Requires states to take measures to modify social and cultural patterns of conduct that perpetuate discrimination and violence against women.
4. Article 15: Guarantees women equality before the law and equal legal protection.
5. Article 16: Calls for the elimination of discrimination against women in all matters relating to marriage and family relations.

Violations of Women’s Rights in Tigray

The ongoing violence against women in Tigray, as exemplified by the brutal murder of Zewdu Haftu and the mistreatment of Semhal Gebrezgher, represents significant violations of the rights enshrined in CEDAW:

1. Systemic Violence Against Women:
   – Brutal Killing of Zewdu Haftu: Zewdu Haftu’s murder is not an isolated incident but part of a broader pattern of violence against women in Tigray. Such acts of violence are gross violations of women’s right to security and life. The state’s failure to protect women from such violence, investigate these crimes thoroughly, and hold perpetrators accountable reflects a systemic failure to uphold CEDAW obligations.
   – Cultural and Social Norms: The persistence of violence against women in Tigray is often reinforced by deeply entrenched cultural and social norms that discriminate against women. Article 5 of CEDAW calls for measures to change these patterns, yet the ongoing atrocities indicate a gross lack of effective implementation.

2. Violation of Semhal Gebrezgher’s Rights:
   – Forcible Removal from Hospital: The forcible removal of Semhal from the hospital without medical discharge violated her right to health and security. This action reflects a disregard for her well-being and dignity, highlighting systemic issues in treating female victims of violence.
   – Wrongful Detention and Lack of Legal Representation: Semhal’s arbitrary detention and denial of legal representation constitute violations of her legal rights under CEDAW. Article 15 ensures women’s equality before the law, yet Semhal was treated unjustly, further compounding her trauma.

Systemic Failures and Broader Implications

The violence against women in Tigray, and the failures to protect and uphold their rights, have broader implications:

1. Perpetuation of Gender Inequality: The systemic violence and discrimination against women perpetuate gender inequality, hindering women’s full participation in society. This undermines efforts toward gender equality and development.
2. Erosion of Trust in Legal and Protective Systems: When the state fails to protect women from violence and ensure justice, it erodes trust in legal and protective systems. Women may become reluctant to report abuses or seek help, fearing further victimization or inaction.
3. International Accountability: The state’s failure to comply with CEDAW obligations can lead to international scrutiny and pressure. It highlights the need for global efforts to monitor and support the protection of women’s rights in Tigray.

Call to Action for Protecting Women’s Rights

Addressing these violations requires comprehensive and sustained efforts:

1. Strengthening Legal Protections: Enact and enforce robust legal frameworks that specifically address violence against women, ensuring perpetrators are held accountable and victims receive justice.
2. Cultural and Social Change: Implement educational and awareness programs to challenge and change discriminatory cultural and social norms that perpetuate violence against women.
3. Providing Support Services: Establish and support services for women victims of violence, including medical care, psychological support, legal aid, and safe shelters. These services should be accessible and adequately funded.
4. Enhancing Law Enforcement and Judicial Responses: Train law enforcement and judicial personnel on women’s rights and gender-sensitive approaches to handling cases of violence. Ensure investigations and prosecutions are conducted impartially and efficiently.
5. International Monitoring and Support: The international community and human rights organizations should continue to monitor the situation in Tigray, provide support to local efforts, and hold the state accountable for its obligations under CEDAW.

By taking these actions, the state can begin to address the systemic failures that lead to violence against women, ensuring their rights to security, justice, and equality are upheld. This not only fulfills international obligations but also promotes a safer and more equitable society for all.

Conclusion

The brutal killing of Zewdu Haftu and the subsequent human rights violations experienced by Semhal Gebrezgher underscore the urgent need for comprehensive action to address systemic failures in protecting women’s rights in Tigray. Despite the Pretoria Peace Agreement, the ongoing violence against women in the region highlights a significant gap between international commitments and ground realities. The egregious breaches of fundamental rights such as the right to life, freedom from torture, security and protection, and the right to a fair trial and legal representation, reflect a broader failure to uphold the obligations under international human rights laws.

Addressing these violations requires an immediate and multi-faceted approach. Legal and judicial reforms, enhanced protective measures, cultural and social change, and strong accountability mechanisms are essential to ensure justice for victims and prevent further atrocities. The international community must continue to monitor the situation, advocate for the protection of human rights, and support efforts to restore justice and peace in Tigray.

Justice for Zewdu Haftu and others who have suffered from violence and rights violations is not just a moral imperative but a legal obligation. It is crucial to establish a robust framework that safeguards the rights and dignity of women, ensuring they can live free from fear and violence. Upholding these principles will not only honor the memory of victims like Zewdu Haftu but also pave the way for a more just and equitable future for the people of Tigray.

Batseba Seifu
Batseba Seifu
Batseba Seifu is Human Rights Advocate.