A Proclamation on anti-terrorism Proclamation No. 652/2009


Download Anti-Terrorism Proclamation no.652 (pdf)

A PROCLAMATION ON ANTI-TERRORISM Proclamation No. 652/2009

WHEREAS, the right of the people to live in peace, freedom and security has to be protected, at all times, from the threat of terrorism;
WHEREAS, terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large;
WHEREAS, it has become necessary to legislate adequate legal provisions since the laws presently in force in the country are not sufficient to prevent and control terrorism;
WHEREAS, it has become necessary to incorporate new legal mechanisms and procedures to prevent, control and foil terrorism, to gather and compile sufficient information and evidences in order to bring to justice suspected individuals and organizations for acts of terrorism by setting up enhanced investigation and prosecution systems;
WHEREAS, in order to adequately fight terrorism, it is necessary to cooperate with governments and peoples of our region, continent and other parts of the world that have anti-terrorism objectives and particularly, to enforce agreements that have been entered into under the United Nations and the African Union;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE GENERAL

1. Short Title
This Proclamation may be cited as the “Anti-Terrorism Proclamation No.652/2009”.
2. Definitions
In this Proclamation, unless the context otherwise requires:
1/ “property” means any asset whether corporeal or incorporeal or movable or immovable, and includes deeds and instruments evidencing title to or interest in such asset such as bank accounts;
2/ “proceeds of terrorism” means any property, including cash, derived or obtained from property traceable to a terrorist act, irrespective of a person in whose name such proceeds are standing or in whose possession or control they are found;
3/ “terrorist property” means proceeds of terrorism, properties of a terrorist organization or property which has been or is being or will be used to commit a terrorist act;
4/ “terrorist organization” means:
a)a group, association or organization which is composed of not less than two members with the objective of committing acts of terrorism or plans, prepares, executes or cause the execution of acts of terrorism or assists or incites others in any way to commit acts of terrorism; or
b) an organization so proscribed as terrorist in accordance with this Proclamation;
5/“hostage taking or kidnapping” means seizing or detaining and threatening to kill, to injure or to continue to detain a person in order to compel the government to do something as a condition for the release of the hostage;
6/“incitement” means to induce another person by persuasion, promises, money, gifts, threats or otherwise to commit an act of terrorism even if the incited offence is not attempted;
7/“public services” means electronic, information communication, transport, finance, public utility, infrastructure or other similar institutions or systems established to give public service;
8/“digital evidence” means information of probative value stored or transmitted in digital form that is any data, which is recorded or preserved on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of such data;
9/“government” means the federal or a state government or a government body or a foreign government or an international organization;
10/“court” means Federal High Court or Federal
Supreme Court, as the case may be;
11/ “police” means Federal Police or Regional State Police to whom the power of the Federal Police is delegated;
12/“person” means a physical or juridical person;
13/any expression in the masculine gender includes the feminine.

PART TWO

TERRORISM AND RELATED CRIMES

3. Terrorist Acts
Whosoever or a group intending to advance a political, religious or ideological cause by coercing the government, intimidating the public or section of the public, or destabilizing or destroying the fundamental political, constitutional or, economic or social institutions of the country:
1/causes a person’s death or serious bodily injury;
2/creates serious risk to the safety or health of the public or section of the public;
3/commits kidnapping or hostage taking;
4/causes serious damage to property;
5/causes damage to natural resource, environment, historical or cultural heritages;
6/endangers, seizes or puts under control, causes serious interference or disruption of any public service; or
7/threatens to commit any of the acts stipulated under sub-articles (1) to (6) of this Article; is punishable with rigorous imprisonment from 15 years to life or with death.
4. Planning, Preparation, Conspiracy, Incitement and Attempt of Terrorist Act
Whosoever plans, prepares, conspires, incites or attempts to commit any of the terrorist acts stipulated under sub-articles (1) to (6) of Article 3 of this Proclamation is punishable in accordance with the penalty provided for under the same Article.
5. Rendering Support to Terrorism
1/ Whosoever, knowingly or having reason to know that his deed has the effect of supporting the commission of a terrorist act or a terrorist organization:
a)provides, prepares or gives forged or falsified document;
b)provides a skill, expertise or moral support or gives advice;
c)provides, collects or makes available any property in any manner;
d)provides or makes available monetary, financial or other related services;
e)provides or makes available any explosive, dynamite, inflammable substances, firearms or other lethal weapons or poisonous substances; or
f)provides any training or instruction or directive;
is punishable with rigorous imprisonment from 10 to 15 years.
2/Whosoever harbors or helps to escape or conceals someone whom he knows to have committed terrorist act mentioned under this Proclamation is punishable with rigorous imprisonment from 10 years to life.

6. Encouragement of Terrorism
Whosoever publishes or causes the publication of a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission or preparation or instigation of an act of terrorism stipulated under Article 3 of this Proclamation is punishable with rigorous imprisonment from10 to 20 years.
7. Participation in a Terrorist Organization
1/Whosever recruits another person or takes training or becomes a member or participates in any capacity for the purpose of a terrorist organization or committing a terrorist act, on the basis of his level of participation, is punishable with rigorous imprisonment from 5 to 10 years.
2/Whosever serves as a leader or decision maker in a terrorist organization is punishable with rigorous imprisonment from 20 years to life.
8. Possessing or Using Property for Terrorist Act
Whosoever possesses or uses property knowing or intending it to be used to committing or facilitating a terrorist act is punishable, subject to the property being forfeited, with rigorous imprisonment from 5 to 20 years.
9. Possessing and Dealing with Proceeds of Terrorist Act
Whosoever knowingly or having reason to know that a property is a proceed of terrorist act acquires or possesses or owns or deals or converts or conceals or disguises the property is punishable, subject to the property being forfeited, with rigorous imprisonment from 5to 15 years.
10. Inducing or Threatening Witness and Destroying Evidence
Whosoever:
1/induces or threatens a person who is or can be a witness for an act of terrorism or uses violence against the witness or a person who has close relationship with the witness to prevent the witness from testifying; or
2/destroys or hides evidence;
is punishable with rigorous imprisonment from 5 to 20 years.
11. False Threat of Terrorist Act
Whosoever while knowing or believing that the information is false, intentionally communicates or makes available by any means that a terrorist act has been or is being or will be committed, is punishable with rigorous imprisonment from 3 to 10 years.
12. Failure to Disclose Terrorist Acts
Whosoever, having information or evidence that may assist to prevent terrorist act before its commission, or having information or evidence capable to arrest or prosecute or punish a suspect who has committed or prepared to commit an act of terrorism, fails to immediately inform or give information or evidence to the police without reasonable cause, or gives false information, is punishable with rigorous imprisonment from 3 to 10 years.

PART THREE
PREVENTIVE AND INVESTIGATIVE MEASURES

13. Protecting Individuals Exposed to Terrorist Attacks
1/ A police officer, having reasonable grounds to believe that a terrorist act has been or is being or will be committed in a particular place, or that people around such place are exposed or may be exposed to terrorist attacks, may:
a)order people around the place to enter into a premise or prevent their entry into a premise or order them to evacuate a premise or keep them in a secluded area;
b)destroy, take away or remove the thing which is or may be a source of the danger;
c)order individuals to follow any procedures which protects them from poisoning;
d)put under control the contaminated building or land; or
e)take any measure that enable to prevent or reduce the danger or contamination; by issuing oral or written order and, if necessary, by using compeling measure.
2/An order given under sub-article (1) of this Article, may be lifted or extended by way of police annocument.
3/Any individual exposed to danger of terrorism shall have the duty to execute and cooperate in the execution of the order given by the police. Furthermore, an owner or person in charge of any building or premise, or place shall have the duty to enforce the order given under this Article.
4/The government, when finds it necessary, may, by issuing a directive, make any manufacturing or service rendering institution to have contingency plan in order to save people from danger in case of emergency.

14. Gathering Information
1/ To prevent and control a terrorist act, the National Intelligence and Security Service may, up on getting court warrant:
a)intercept or conduct surveillance on the telephone, fax, radio, internet, electronic, postal and similar communications of a person suspected of terrorism;
b)enter into any premise in secret to enforce the interception; or
c)install or remove instruments enabling the interception.
2/ Information obtained through interception shall be kept in secret.
3/Any communication service provider shall cooperate when requested by the National Intelligence and Security Service to conduct the interception.
4/The National Intelligence and Security Services or the Police may gather information by surveillance in order to prevent and control acts of terrorism.
15. Information about a Lessee
1/Whosoever leases a house, place, room, vehicle or any similar facility shall have the duty to register in detail the identity of the lessee and notify the same to the nearest police station within 24 hours.
2/Any person, who lets a foreigner live in his house, shall have a duty to notify the nearest police within 24 hours, about the identity of the foreigner and submit a copy of his passport.
16. Sudden Search
Where a police officer has reasonable suspicion that a terrorist act may be committed and deems it necessary to make a sudden search in order to prevent the act, with the permission of the Director General of the Federal Police or a person delegated by him, may stop vehicle and pedestrian in an area and conduct sudden search at any time, and seize relevant evidences.
17. Covert Search
A police may request the court in writing or, in urgent cases, by telephone for covert search warrant where he has reasonable grounds to believe that:
1/a terrorist act has been or is likely to be committed; or
2/a resident or possessor of a house to be searched has made preparations or plans to commit a terrorist act; and
3/covert search is essential to prevent or to take action against a terrorist act or suspected terrorist activity.
18. Warrant Given to Conduct Covert Search
1/ The court on the basis of the information presented to it by the applicant, may give covert search warrant by having into consideration:
a)the nature or gravity of the terrorist act or the suspected terrorist act; and
b)the extent to which the measures to be taken in accordance with the warrant would assist to prevent the act of terrorism or arrest the suspect.
2/ A warrant issued in accordance with this
Article shall specify:
a)the address of any premise to which the warrant relates, and the names of the occupiers, if known;
b)the maximum duration being 30 days, the period during which the warrant is valid and the date on which the warrant is issued; and
c)if necessary, the type or description of evidences to be searched for and seized.
19. Powers of Arrest
1/The police may arrest without court warrant any person whom he reasonably suspects to have committed or is committing a terrorist act as provided under this Proclamation.
2/The arrested person shall have the right to be brought before a court within 48 hours of his arrest. Such time shall not include the time reasonably required for the journey from the place of arrest to the court.
20. Detention and Remand Order
1/The court, before which an arrested person is presented in accordance with Article 19 of this Proclamation, may give an order to remand the suspect for investigation or trial.
2/If the investigation is not completed, the investigating police officer may request the court for sufficient period to complete the investigation.
3/Each period given to remand the suspect for investigation shall be a minimum of 28 days; provided however, that the total time shall not exceed a period of four months.
4/Public prosecutor may appeal on bail cases.
5/If a terrorism charge is filed in accordance with this Proclamation, the court shall order the suspect to be remanded for trial until the court hears and gives decision on the case.
21. Duty to Giving Samples
The police may order a person suspected of acts of terrorism to give samples of his hand writing, hair, voice, finger print, photograph, blood, saliva and other body fluids, for investigation. Moreover, he may order the suspect to undergo medical test. If the suspect is not willing for the test, the police may use necessary and reasonable force to take samples.
22. Duty to Give Information
The police may request from any government institution, official, bank or a private organization or an individual to be given information or evidence which he reasonably believes could assist to prevent or investigate terrorism cases. Any one so requested shall have the duty to give the information or evidence.

PART FOUR
EVIDENTIARY AND PROCEDURAL RULES

23. Admissible Evidences
Without prejudice to the admissibility of evidences to be presented in accordance with the Criminal Procedure Code and other relevant legislations, the following shall be admissible in court for terrorism cases:
1/intelligence report prepared in relation to terrorism, even if the report does not disclose the source or the method it was gathered;
2/hearsay or indirect evidences;
3/digital or electronic evidences;
4/evidences gathered through interception or surveillance or information obtained through interception conducted by foreign law enforcement bodies; and
5/confession of a suspect of terrorism in writing, voice recording, video cassette or recorded in any mechanical or electronic device.
24. Inapplicability of Statue of Limitation for Terrorism Cases
Criminal liability of persons who commit terrorism crimes as stipulated under this Proclamation shall not be barred by statue of limitations.

PART FIVE
MEASURES TO CONTROL TERRORIST ORGANIZATIONS AND PROPERTY

25. Procedure of Proscribing Terrorist Organization
1/The House of Peoples’ Representatives shall have the power, upon submission by the government, to proscribe and de-proscribe an organization as terrorist organization.
2/Any organization shall be proscribed as terrorist organization if it directly or indirectly:
a)commits acts of terrorism;
b)prepares to commit acts of terrorism;
c)supports or encourages terrorism; or
d)is otherwise involved in terrorism.
3/Where any organization is proscribed as terrorist in accordance with sub-article (1) and (2) of this Article, its legal personality shall cease.
4/The body that administers the terrorism victims fund to be established in accordance with this Proclamation shall assign a liquidator to the organization the legal personality of which has ceased pursuant to sub-article (3) of this Article, and enforce the process of the liquidation.
26. Freezing and Seizure of Terrorist Property
1/Where the police, while conducting investigation, has reasonable ground to suspect that any property including bank account has been or may be used to commit terrorist act as stipulated under this Proclamation, he may seize the property in accordance with court authorization.
2/The court shall, in the authorization issued pursuant to sub-article (1) of this Article, pass a temporary freezing order to prevent the transfer of such property to a third party and any other legal transactions involving such property.
3/A copy of the freezing order shall be given to the concerned administrative office and to the owner or possessor of the property.
4/If the owner or possessor of the seized or frozen property is aggrieved by the order, he may lodge an appeal.
5/When the court finds that the property was seized or frozen contrary to the provisions of sub-article (1) and (2) of this Article, it may order the release of the property or the lifting of the freezing.

27. Forfeiture of Terrorist Property
1/Proceeds of terrorism or property of a terrorist organization or a terrorist shall be forfeited by the government.
2/Where a criminal charge is instituted on the matter the public prosecutor may request for an order of forfeiture within the same criminal charge file. If criminal charge is not instituted the application may be presented to the court under a separate file.
3/Before making forfeiture order under sub-article (1) of this Article, the court shall give every person appearing to have an interest in the property an opportunity to be heard.
4/The property shall be transferred to the terrorism victims fund established in accordance with this Proclamation.

PART SIX
INSTITUTIONS THAT FOLLOW UP CASES OF TERRORISM

28. Prosecutor and Police Following up Cases of Terrorism
1/ A public prosecutor or police officer who follows up terrorism cases in accordance with the powers conferred up on by law shall:
a)have more than five years of relevant work experience and the appropriate training and be hard working; and
b)have obtained testimonials from the relevant senior officials of the Ministry of Justice or the Federal Police as to his professional competency and ethics.
2/The Ministry of Justice shall organize a separate specialized department which follow up terrorism cases.
3/The Federal Police shall organize a separate specialized department which follow up terrorism cases.

29. Intelligence Personnel Following up Cases of Terrorism
The National Intelligence and Security Service shall select and assign officers who follow up cases of terrorism. It shall organize a separate specialized department which follow up terrorism cases.

30. National Anti-Terrorism Coordinating Committee
1/In order to prevent and control terrorist acts a National Anti-Terrorism Coordination Committee comprising the heads of the Ministry of Justice, National Intelligence and Security Service and Federal Police shall be established.
2/The Director General of the National Intelligence and Security Service shall lead the Committee.
3/The Committee shall draw up joint counter terrorism plan and set up joint counter terrorism task force and shall work together in coordinating their efforts.
31. Jurisdiction over Terrorism Crimes
1/ The Federal High Court and the Federal Supreme Court shall have jurisdiction over:
a)cases presented in accordance with this Proclamation;
b)other crimes committed together with crimes mentioned under this Proclamation; or
c)criminal cases presented in accordance with this Proclamation, which the court changes the article of the charge.
2/The power to determine the status of a prisoner, captured by the Defense Forces during war conducted to defend the sovereignty of the country, as a prisoner of war or not is hereby given to the Primary Military Court.
3/Articles 13 and 17(1)(b) of the 2004 Criminal Code of the Federal Democratic Republic of Ethiopia relating to jurisdiction shall also include terrorism offences.

PART SEVEN MISCELLANEOUS PROVISIONS

32. Protection of Witnesses
1/Where the court, on its own motion or on an application made by the public prosecutor or by the witness, is satisfied that the life of such witness is in danger, it may take the necessary measure to enable the withholding of the name and identity of the witness. The measures it takes may, in particular, include:
a)holding of the proceedings at a place to
be decided by the court;
b)avoiding of the mention of the names and addresses of the witnesses in its orders, judgments and in the records of the case;
c)issuing of any directions for securing that the identities and addresses of the witnesses are not disclosed; and
d)ordering that all or any of the proceedings pending before the court shall not be published or disseminated in any manner.
2/Any person who contravenes any decision or order issued under sub-article (1) of this Article shall be punishable with rigorous imprisonment from five to ten years and with fine from Birr 10,000 to Birr 30,000.
33. Assisting Judicial Proceedings
The court may mitigate the punishment, upon a request made by the public prosecutor where the defendant repents about his act of committing any of the crimes mentioned under this Proclamation and cooperates in elaborating in detail the manner of the commission of the crime or discloses the identities of the persons who participated in the commission of the crime.
34. Establishment of Fund
Upon the issuance of regulation by the Council of Ministers, terrorism victims fund shall be established.
35. Breach of Duty to Cooperate
Whosoever fails or is unwilling to make the requested cooperation, pursuant to Article 13, 14, 15, 21 or 22 of this Proclamation, or intentionally makes any hindrance on the crime prevention or investigation functions of the police is punishable with rigorous imprisonment from three to ten years.
36. Inapplicable Laws
1/No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, be applicable with respect to matters provided for by this Proclamation.
2/Without prejudice to the provisions of sub-article (1) of this Article, the provisions of the Criminal Code and Criminal Procedure Code shall be applicable.
37. Power to Issue Regulations
The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.
38. Effective Date
This Proclamation shall enter into force up on the date of publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 28th day of August, 2009
GIRMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

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