I. Introduction

It is not an act of disrespect that I have to make this unflattering assessment of our community, but it has to be done in order to save us all from extinction. It is truly tragic that we Ethiopians in general display the lowest form of personal integrity in our daily lives, in our political participation, and in our civic involvement in the Diaspora and/or back home compared to the multitude of people around the World. We are often prone to dehumanize and defile the very few hard working and honorable leaders in our communities without weighing the impact of our behavior on society in general. Even in our justified criticism of our leaders, we still must make distinctions between degrees of malevolence of our leaders. Our bitter criticism should be saved to those leaders who truly are/were evil committing numerous crimes of murder, treason, theft et cetera.

I have never met Judge Bertukan Mideksa, but I have read her interviews and speeches reported in Websites, and have watched videos of her public addresses. I am moved by her candor and I am deeply impressed by her knowledge of Ethiopia �s Byzantine political life for some one so young. I admire the most how well she conducted herself in public in front of thousands of adoring supporters. When I consider the brilliance and talent of Bertukan and the turmoil that she had faced and is still facing in her short political life, I am often reminded of Hypatia, an exceptionally gifted and talented woman from a thousand six hundred years ago, who was literally torn to pieces by some fanatic mob instigated by small minded insecure men similar to those in our own time. 

Bertukan brought fresh political breeze to roomful of stale Ethiopian political air. I do not want to watch a remarkable young lady being sabotaged by politically corrupted and morally depraved Ethiopian Government leaders and opposition groups and their members tearing down this promising young lady. This is one individual who had been tested with adversity of the worst form. She withstood tremendous pressure in her profession as a judge and kept her moral and professional integrity intact in full. As a political leader, she showed great integrity and leadership. In short, Bertukan is that biblical jewel that we Ethiopians ought to travel to the end of the world to have in our political lives. 

II. The Unconstitutional Arrest

The recent arrest of Judge Bertukan Mideksa, the Chairman of Unity for Democracy and Justice (UDJ)�Andenet Party is legally totally unacceptable and politically very stupid on the part of Prime Minister Meles Zenawi and his supporters to take such action at a time when Ethiopia is faced with uncertain future. The arrest violets the fundament human rights of Bertukan, threatens the political rights of millions of Ethiopians, and is a cause for further fracturing of Ethiopia on narrow ethnic lines. In testing times like this, Ethiopians must transcend the divisive political agenda of Meles Zenawi and his Government. We all must rally behind Bertukan irrespective of our individual political agendas and orientations thereby consolidate our protest and opposition to the Government of Meles Zenawi. 

Professor Mesfin Woldemariam during his recent interview with the VOA (29 December 2008) clearly summarized the essence of Bertukan�s statements that led to her arrest. As a matter of principle, I state with emphasis that there is no justifiable reason whatsoever, no matter what Bertukan said/stated, that warrants her arrest and her return to prison. She has every right to express her ideas whether it is about the �pardon� process or anything else including the peaceful removal of Meles Zenawi from office, about specific and general problems in the 1995 Ethiopian Constitution to the point of advocating to replace the Constitution and draft a new constitution et cetera. Freedom of speech and expression is the most sacred of the fundamental rights of the individual on a par with the right to life, the right to be recognized as a person, et cetera. [See the 1995 Ethiopian Constitution Article 13; Article 29]

My understanding of Bertukan�s statement is that she was making a legal distinction between constitutionally supported processes using established statutory procedures vs. ad hoc improvised process that does not confirm to the procedure that was in use at the time. It so happened as jurist of considerable expertise Bertukan was correct in her legal analysis of the hierarchies of laws and regulations and practices when she commented on the pardon procedure leading up to the release of the leadership of Kinijit and herself. What is the harm on such discussion whether it is by Bertukan or anybody else? I contend that even if she was completely wrong in her assessment of the �pardon� process, she was within her Constitutional rights practicing her fundamental rights of speech, expression, and thought when she gave interviews and addressed audiences.

The content of a speech or expression by Bertukan or anyone else, whether such speech is agreeable or disagreeable to the Ethiopian Government, cannot curtail or limit such fundamental human rights or democratic rights, unless there is a showing of immediate danger to the public. Even then such protection of the public need be construed very narrowly and carefully; for example, shouting �fire!� in a crowded theater thereby creating panic that may result in bodily injuries or death as a result of people rushing out, may not be protected speech. �The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.� [Schenck v. United States, 249 U.S. 47 (1919) later amended for even more stringent test by Brandenburg v. Ohio, 395 U.S. 444 (1969)] However, mere political or academic critical comment on some procedure, which procedure in the case of the detention of Kinijit leaders happened to be flawed and contrary to accepted procedures, is the type of speech that is fully protected by the Constitution and is one of the specific individual rights guaranteed by the Constitution. [See the 1995 Ethiopian Constitution Article 13; Article 29]

One may be tempted to dismiss all of the above statements as mere legalese, for one might look at the whole incident to be a question of common decency and concern for the health and unity of a battered and fractured nation. I do not expect a brutal and treasonous dictator like Meles Zenawi will give a hoot to constitutional principles and standards, nor to common respect of the dignity and integrity of the human person. However, Meles�s supporters and the military commanders around Meles Zenawi should be a lot more careful with their actions. The situation is highly volatile, and one must not undermine the power of ordinary people, who seem at the moment disorganized and docile, for this is a type of situation that political scientists, historians, sociologists, et cetera had warned such dictatorial governments for years about the danger of a revolutionary outburst that will engulf them in its searing flame.  One must learn from history and the recent demise of the brutal dictatorship of Mengistu Hailemariam that tyranny and dictatorship usually end up in tragic destruction of the perpetuators and innocent citizens.

The arrest of Bertukan is not just a simple action taken against a rising political star, but aimed at further alienating Ethiopians from one another, and fracturing us further by ethnicity. This action by Meles Zenawi is patently anti-Ethiopia. He is going after Bertukan because she represents great future for Ethiopia . We must ask the repugnant question as to who are the beneficiaries of the arrest of Bertukan.  It is not the Ethiopian Government officials (excepting Meles Zenawi and his small band of associates) who will benefit from Bertukan�s imprisonment, since they have to contend with a new set of problems that will inevitably pit them against even moderate Ethiopians who were willing to work toward peaceful political transitions. It is not the Ethiopian People who would benefit from the arrest of Bertukan, for their star politician is being imprisoned, they are being humiliated, and their political organizations are in disarray. Then who is benefiting? 

Those who will benefit from the arrest of Bertukan or when whenever there are such crises in Ethiopia are the historic enemies of Ethiopia such as Egypt and Sudan . It is also Issaias Afeworki and his regime in Asmara who will gain time to carry out their ill advised program of destabilizing Ethiopia further. It is the narrow nationalist, tribalists and ethnicists who will have a field day using the arrest of Bertukan against those who want to hold Ethiopia together and its Sovereignty and territorial integrity respected. Of course, Meles Zenawi gains from arresting Bertukan by leaving Ethiopia in disarray, for there will be no Ethiopia to prosecute him for the crime he committed against the Sovereignty and territorial integrity of Ethiopia . 

III. Lacking in Political Judgment

The necessity of good political judgment and strategy for any political leader going against an entrenched and well financed brutal government requires much more than mere manipulation of technicalities and winning supporters. Having said that, I also think that those who want to lead must first of all learn how to avoid falling into legal traps, political sinkholes, and the �spider�s web� of real-politick. It is not a sign of courage to confront recklessly head to head a government that has no respect for human rights or human dignity, but a sign of political immaturity. Of course, I am not endorsing or defending the actions of Meles Zenawi and his Government by pointing out certain errors of judgment on the Opposition�s side.

I admit that Bertukan made a mistake in choosing this particular time to speak about the �pardon� process and the procedure that was adopted by the Ethiopian Government of Meles Zenawi, at a time when the focus of attention should have been on strengthening and expanding her Party�s presence in Ethiopia and in the Diaspora. But it is an insignificant lapse of judgment, which ought to have been fixed without much fanfare by issuing clarification from the Party�s Headquarters. Mind you that Bertukan committed no crime, but that in terms of political strategy, she should have taken into account the brutal and treasonous nature of Meles Zenawi and his Government in order to design appropriate countermeasures. As a leader, Bertukan is responsible to very many people and organizations. She must accept the fact that her life does not belong only to her, but also to all those who look up to her as their leader. Meles will use the situation that he created by arresting Bertukan to harass and dismantle other populist and popular groups from evolving into challengers in the upcoming elections.      

The unfathomable actions of those who resigned from UDJ seem to me a far more serious setback than anything Bertukan said/stated or did, especially if such senior leaders would jump to such action without truly understanding the ramification of their actions. I believe that whatever Bertukan said/stated in her speeches or interviews did not warrant any resignation by anyone in the leadership of the Party. It is the tragedy of all traditional societies where ritual performances are more important than substance.  

I completely denounce all those morally corrupt individuals who pile insult on this lady, who are trying to revive the politically rotting corps of Mengistu Hailemariam�s executioners. Leba bekededew jib yigebal; jib bekededew leba yigebal. I find it most infuriating to read articles and chat statements attempting to use this tragedy to promote some former Kinijit leaders. It is the worst form of opportunism to try to revive the political career of such defunct leaders at the cost of hurting and compromising the credibility of all opposition groups and their leaders.  

I have read also in Websites and Blogs run by Ethiopians allegations that there was some blackmailing going on by the Ethiopian Government against Bertukan of a compromising video made in secret of a private moment of Bertukan and the father of her daughter who is a TPLF member. First of all if such is the case, Bertukan is a victim of the violation of her privacy and integrity as a person. [See the 1995 Ethiopian Constitution Article 13; Article 24, Article 26] It speaks volumes about those who conducted such despicable video record than it is a reflection on Bertukan. It is hypocrisy of the worst kind to point fingers at Bertukan�s private life under such circumstance, especially in a society where the moral standard of individuals within such society is extremely low, where men frequently visit prostitutes, lie routinely, betray friends left and right et cetera to focus on women who are involved in a love relationship.

Conclusion

There is no valid legal or political reason to imprison Judge Bertukan Mideksa. Any arrest and return to prison of Bertukan is violative of the 1995 Ethiopian Constitution which Constitution uses as its ultimate standard of principles those principles contained in the Universal Declaration of Human Rights. �The fundamental rights and freedoms specified in this Chapter shall be interpreted in a manner conforming to the principles of the Universal Declaration of Human Rights, International Covenants on Human Rights and international instruments adopted by Ethiopia .� [See the 1995 Ethiopian Constitution Article 13 (2)]  By arresting and imprisoning Bertukan,  Meles and his Government are failing and abrogating their national and international obligations  to protect and guaranty the human and democratic rights of Ethiopian Citizens.

Bertukan is within her human and democratic rights, which are guaranteed by the 1995 Ethiopian Constitution and the Universal Declaration of Human Rights and several other international covenants and instruments, to share her thoughts in a peaceful setting in an interview or public address. If she criticizes the �pardon� procedure, so what? It is not a Biblical Commandment; Meles Zenawi is prosecuting Bertukan for his own esoteric view of political processes and an extension of his lawlessness and brutality against defenseless Ethiopians. Is this the equivalent of burning a legitimate challenger at the stake?  At any rate, no system that holds a perpetual threat over the head of a political opponent can be seen as a legitimate democratic competition.   

Meles Zenawi and his supporters must immediately be removed from office, for they have failed us all as leaders in guiding our country to economic security, national integrity, and economic development. They have caused tremendous setback to our vital national interest, have promoted animosity between ethnic groups, and are incapable of leading a poor nation with numerous problems. The longer Meles Zenawi remains in office, the more devastation our country suffers. First and foremost, it is the responsibility of the members of the TPLF (and the Ethiopian Military) more than anyone else to remove its cancerous leadership from further harming Ethiopia . Meles Zenawi has caused us all great hardship by landlocking us; by fracturing us along pernicious ethnic lines; and by looting our meager wealth in collaboration with international ponzi schemers.  

God Bless Bertukan; God Bless Ethiopia and Ethiopians. I wish you all by far a great New Year. Ω

Tecola W. Hagos

Washington DC  

December 30, 2008    

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I have attached herein extracts from student papers on Hypatia that I thought would inform Readers about a remarkable woman that we all ought to know about.

* Hypatia of Alexandria :

Hypatia of Alexandria was a woman of grace and eloquence, of beauty and wisdom. She was born before her time, and she died before her time. Regarded as the first woman astronomer, Hypatia was also an accomplished mathematician, an inventor, and a philosopher of Plato and Aristotle, She lived during the late 4th, early 5th centuries--a time of great change.

Born in Alexandria , the exact year of Hypatia's birth is disputed. In the book by Maria Dzielska, Hypatia of Alexandria, the strongest argument is made for 355 A.D. as the year of her birth. � Hypatia was raised by her father, Theon. There is little mentioned of her mother in any of the surviving records that document Hypatia's life. Theon was a mathematician, a philosopher, and a noted astronomer and astrologer. According to the 10th century Byzantine encyclopedia, The Suda, he was also the last director of the university, the famed Museum of Alexandria . His accomplishments in his career were many, but they paled in the light of his biggest accomplishment, his beautiful daughter. Theon educated Hypatia, teaching her mathematics, science, literature, philosophy, and the arts. In addition, Theon had her participate in a daily routine of vigorous exercise with him. Legend has it that he was determined that his daughter develop into the "perfect human being."

Hypatia never married, choosing instead to pursue her scholarly endeavors. She was an esteemed citizen of Alexandria , loved by its populace and respected by its officials. All listened intently when Hypatia spoke. Her beauty, grace, and eloquence were as mesmerizing as her wisdom and philosophies. Though Hypatia was a pagan, her philosophy was Transcendentalism, and she belonged to pure reason. In Elbert Hubbard's book written in 1928, Little Journeys to the Homes of the Great, Hypatia supposedly said of her religion,

"Neoplatonism is a progressive philosophy, and does not expect to state final conditions to men whose minds are finite. Life is an unfoldment, and the further we travel the more truth we can comprehend. To understand the things that are at our door is the best preparation for understanding those that lie beyond."

Hypatia was loved and admired by her students. Much of what is known about her is the result of surviving letters written by her most famous student, Synesius of Cyrene, who was to become the wealthy and powerful Bishop of Ptolemais. In a letter to an old schoolmate he wrote of Hypatia, "You and I, we ourselves both saw and heard the true and real teacher of the mysteries of philosophy."

Synesius stayed in contact with Hypatia after leaving Alexandria and often sought her expert counsel. He would ask for her critique on poems he had written, as well as her designs for astronomical instruments, such as the astrolabe and the planesphere. Hypatia is the earliest woman scientist whose life is well documented. She wrote many books on mathematics, such as the 13 volumes of Commentary on the Arithmetica of Diophantus, the "father of algebra." And she wrote about her favorite science, astronomy. She wrote The Astronomical Canon, as well as edited the third book of her father's, Commentary on the Almagest of Ptolomy. [https://www.womanastronomer.com/hypatia.htm. It is a snapshot of the page as it appeared on Dec 8, 2008 10:59:46 GMT]

Hypatia lived in Alexandria when Christianity started to dominate over the other religions. In the early 390's, riots broke out frequently between the different religions. Cyril, a leader among the Christians, and Orestes, the civil governor, opposed each other. Hypatia was a friend of Orestes and it is believed that Cyril spread virulent rumors about her. In 415 AD, on Hypatia's way home, a mob attacked her, stripped her and killed her with pieces of broken pottery. Later, the mob dragged her through the streets.

Hypatia's life ended tragically, however her life's work remained. Later, Descartes, Newton , and Leibniz expanded on her work. Hypatia made extraordinary accomplishments for a woman in her time. Philosophers considered her a woman of great knowledge and an excellent teacher. [https://www.agnesscott.edu/lriddle/women/hypatia.htm. It is a snapshot of the page as it appeared on Dec 28, 2008 09:33:56 GMT]

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