IRIN Focus on mounting pressure to extradite former Ethiopian

[The report does not necessarily reflect the views of the United Nations] As the South African government weighs formal requests to hand over or try the former Ethiopian dictator, Mengistu Haile-Mariam, pressure mounted on Tuesday to ensure that Mengistu is not returned to Zimbabwe, where he has lived in exile since 1991. In a case which bears many similarities with that of General Augusto Pinochet, the former Chilean strongman under house arrest in Britain pending the outcome of a Spanish extradition request, Mengistu's presence in South Africa has galvanised a chorus of calls from local and international human rights groups, diplomats and academics. All have cited South Africa's standing in the world as an exemplary beacon of human rights and justice. All have warned too, of the damage the Megnistu affair can do to the country's image. "South Africa has to be seen as taking a leadership role on the continent when it comes to issues like these," a diplomat told IRIN. Mengistu arrived last month Mengistu, who headed the Ethiopian military government, the Dergue from 1974 to 1991, arrived in South Africa quietly last month from Zimbabwe to receive medical treatment at a hospital in the capital, Pretoria. He entered the country on a Zimbabwean diplomatic passport. Shortly after his arrival, a foreign affairs spokesman said that Mengistu could not be deported to Ethiopia because there was no extradition treaty between the two countries. A new official position In the wake of the outcry and an extradition request filed by Ethiopia on Friday, Pretoria, is now considering the matter afresh. Daniel Ngwepe, a foreign ministry spokesman, told IRIN on Tuesday: "We have received a formal request for extradition from the Ethiopian government and we are reviewing that application." Already last week, however, South African Justice Minister Penuell Maduna instructed the National Director of Public Prosecutions, Bulelani Ngcuka, to investigate the possibility of charging the former dictator in a South African court for crimes against humanity. Ngcuka is on Wednesday expected to be presented with dossiers of evidence against Mengistu, by several South African human rights organisations who are calling for his prosecution. Since 1995, Mengistu has been on trial in absentia in Ethiopia on charges related to crimes against humanity. These have included acts of genocide, unlawful killings, torture and 'disappearances" of his opponents which took place under his rule, particularly during the "Red Terror" years of 1977 and 1978. At least 45 former members of his Dergue are on trial, with a further 22 being tried in absentia. International obligations In a statement this week, Amnesty International said: "The South African government must not let slip the opportunity to see justice done." It added: "For too long Mengistu Haile-Miriam has escaped accountability for the horrific crimes that were carried out under his leadership." The Amnesty statement recalled that under international law, South Africa had an obligation to ensure that Mengistu remained in the country while an investigation into his alleged crimes were conducted. It said that it was concerned by recent statements from the South African foreign ministry that Mengistu could not be extradited because he was a refugee. "The United Nations and Organisation for African Unity (OAU) refugee conventions - to which South Africa is a party - categorically exclude anyone seriously considered to have committed crimes against humanity, among other crimes, from being accorded refugee status," the statement said. Article 232 of the South African constitution incorporates customary international law. Under customary international law all countries have the right and duty to exercise jurisdiction over crimes against humanity and have a right to exercise such jurisdiction over torture. South Africa's image Western diplomats told IRIN that failure to deal with the Mengistu issue could "seriously damage" South Africa's image internationally. "Human rights defines South Africa domestically and internationally," said John Stremlau, professor of international relations at the University of the Witwatersrand. "They are the mainspring of the nation's extraordinary presitige and influence." Peter Takirumbudde, executive director of the Africa Division of Human Rights Watch, said: "South Africa has a moral duty as well as a legal obligation to bring this criminal to justice." He added: "South Africa has a well-earned reputation for its attachment to human rights. It would be unfortunate of the government to just let this mass murderer walk away." Separately, in a letter to the South African minister of foreign affairs and the minister of justice, on 24 November, Takirambudde said: "South Africa has the opportunity to break the unfortunate cycle of impunity that has developed in many parts of Africa by bringing Mengistu to justice before its courts and providing him with a fair trial." Internal pressure Meanwhile, several South African organisations, including the Human Rights Committee, the Centre for Applied Legal Studies of the University of the Witwatersrand in Johannesburg, and the Centre for Human Rights of the University of Pretoria, have said they too will approach the government with evidence against Mengistu. Venetia Govender, of the Human Rights Committee told IRIN on Tuesday that she would be presenting dossiers from the three organisations on Wednesday to the Director of Public Prosecutions and to the government's own Human Rights Commission.