Ato Taye Dendea Cleared of Two Charges, Ordered to Defend Third

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Ato Taye Dendea was acquitted of two charges but was ordered to defend himself on a third charge.

Addis Ababa, July 30, 2016 (FBC) — Former Minister of State for Peace, Taye Dendea, was acquitted of the first and second charges and was ordered to defend himself against the third charge.

The Federal High Court’s Bench, which issued the verdict, handles cases involving constitutional and criminal offenses against the constitutional order.

The Directorate of Organized and Transnational Affairs of the Ministry of Justice filed three charges against Mr. Taye Dendea: violation of Article 251/C and Article 257/G of the 1996 Criminal Law and violation of the Firearms Proclamation.

The detailed charges presented alleged that while serving as the Minister of State for Peace, Mr. Dendea, who was responsible for ensuring the country’s, government’s, and public’s security, allegedly transmitted propaganda messages supporting terrorist groups and anti-peace forces through his social media pages.

Furthermore, it was noted that he was charged with violating the Firearms Act by possessing a folding Kalashnikov, two Kalashnikov magazines, and 60 rounds of ammunition without a permit, which were found during a raid at his residence in District 6 of the Ledta Subdistrict on December 1, 2016, at 5:00 a.m.

Upon receiving the charges, Mr. Dendea denied committing any crimes, stating, “The article I wrote is not propaganda; I did not commit a crime.” The court then recorded the evidence and heard testimony from two witnesses.

After reviewing the witness statements and documentary evidence, including the alleged propaganda messages posted on social media, the court delivered its verdict.

The court found that the prosecutor’s decision to present similar speeches and writings as separate charges (the 1st and 2nd charges) did not align with Article 61 of the Criminal Code. The court acquitted the defendant based on Law No. 141, as he was exercising his constitutional right to hold and express opinions by sharing an interview on his social media page and giving an interview to BBC Afan Oromo.

However, regarding the third charge, the court found that a folding Kalashnikov, two magazines, and 60 bullets were seized during the December 1, 2016, raid. Under Article 4 Sub-No. 1 and Article 22 Sub-No. 3 of the Arms Proclamation 1177/2012, the court ordered Mr. Dendea to defend himself against this charge.

The defendant was granted bail for the third charge and requested permission to pursue the case abroad. However, the prosecutor argued against bail, stating that the charge carries a potential sentence of 8 to 20 years and that Mr. Dendea might not comply with bail conditions.

The court denied the bail request, believing that the defendant would not fulfill his legal obligations if released.

Mr. Dendea filed a petition claiming that pressure was being exerted on his lawyers, preventing them from adequately defending him. The court stated that the lawyers should apply independently if they could not work. The state’s defense lawyer stated that he could represent the accused.

The court scheduled the next hearing for October 8, 2017, to consider defense evidence for the third charge.

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