By DAVID MCDOUGALL | Globe and Mail Update
NAIROBI — A Canadian citizen imprisoned in Ethiopia for more than two years has been brought before a court in Addis Ababa unannounced and presented with the testimony of six witnesses who prosecutors had previously been unable to produce.
Ethiopian-born Bashir Makhtal, who was scheduled to appear later this month, was hauled into a courtroom yesterday for the second consecutive day, where he heard the testimony of six witnesses, who failed to appear last month during a public session.
Mr. Makhtal’s Ethiopian lawyer, Gerebe Amiak Tekle, confirmed that six people testified regarding Mr. Makhtal’s alleged involvement in an Ethiopian separatist movement.
But according to Mr. Makhtal’s family, the judge expressed frustration with the strength of the witnesses’ testimonies.
Family members said – information that could not be corroborated – that the witnesses did not know Mr. Makhtal and may have been paid to appear in court.
Mr. Makhtal was arrested by Kenyan authorities in late 2006 while attempting to flee fighting in neighbouring Somalia.
He was later sent to Ethiopia, where he was held without charges and in solitary confinement for more than two years. For most of his detention, he was denied consular access.
Though Mr. Makhtal has recently been allowed consular access and his case has been brought before a civilian court, the trial has so far drawn criticism from legal and human-rights experts.
They believe he is unlikely to receive a fair trial under existing circumstances.
In an apparent indication that he was no longer receiving consular services, the judge cautioned prison wardens last month that Mr. Makhtal was entitled to them.
Meanwhile, Mr. Makhtal’s Toronto-based lawyer, Lorne Waldman, has filed a lawsuit in Canada challenging the provision of non-humanitarian Canadian aid to Ethiopia as inconsistent with the federal Accountability Act.
“I am just not optimistic that an attempt to pressure the Ethiopians in Canadian courts will benefit Bashir,” said Canadian Transport Minister John Baird, who has taken an interest in the case.
“His case is taking place in Ethiopia, and that needs to be where we focus our efforts.”
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