To the Editor: Eritrea’s Work on Legal Front

legal action against COI Mike Smith
Michael (Mike) Smith, Chair of the Eritrea inquiry

Dear Editor:

Recently you had posted a video (see below) about a Somali businessman who hired a legal defense team to clear his name off the alleged link to Al- Shabaab.

His Lawyer not only succeeded in clearing his client of any wrong doing, but was also able to expose the criminal activities of some of the members of the UN Monitoring Group, which interestingly is the same group selected to investigate Eritrean link to the Somalia militant group Al- Shabaab.

What fascinated me about the video and prompted me to write to you pertains to where do we Eritreans stand when it comes to defending our innocence in the international arena and bringing the perpetrators to face justice. How long are we going to sit idle while irrelevant countries with worst human rights records and international law violators accuse, prosecute and manage to punish a country which is really a victim of such crimes? I’m specifically referring to the likes of Ethiopia, Djibouti and Somalia, countries at the lowest index compared to Eritrea whether in health care, education, HIV/AIDS, Malaria prevalence, infant mortality rate, etc…, which are main pillars of Human rights, to receive a platform to speak on behalf of Eritrea. Something is wrong with this picture.

And as much we like and support the idea of Eritrea’s quest in defending its position or interest independently, there comes a time when the conspiracies and crimes that have been committed against Eritrea for half a century comes to an end through a strong legal defence system. Watching the clip on how the Lawyer defended his client’s case which brought him on a verge of total victory made me think and think hard.

I truly feel that Eritrea is now at the best position to legally defeat those morally corrupt entities out there to harm her and its people. All it needs is a strong legal defense team to present her strong case to the International Court of Justice, even if it means paying them heftily. Eritrea’s good name and reputation must be preserved; its sovereignty must be respected by all means necessary.

Thanks,
Bruh Metsae






29 thoughts on “To the Editor: Eritrea’s Work on Legal Front

  1. In a similar way it reminds me about our comrade Meseret Bahlebi’s case, this demonization or caracter killing attitude need to be challenged, a serious legal actions though will be expensive but if fruitful why not..we need to talk more about this issues and form a sort of groupe of international lawyers to a community, single or even state level cases.
    Nice article as usual in here dear TN.

  2. Selam Bruh Metsae,
    The issue you brought is something all Eritreans would love to pursue, but might think it too big of a task. However, we know it is never bigger than the task of 30 years war of independence. Eritreans have the means ($$ and scholars) to defend our country legally against the corrupt “UN” abuses. What we are missing is few individuals who will be in charge to lead while getting paid.

  3. Selam All:
    Well,I see it from two perspectives:
    1)From National Security Interest Point of view:
    -What you alluded is logical and essential
    -Eritrea has every right, the truth and facts to its side as a Nation to defend it self successfully, including the USA and the UN,if the worst comes
    -Not only to defend itself but to sue those culprits for compensation-worth of billions of USD.
    Financially,I think if a Somali Individual can do the job,why not Eritrea as a nation?I do not believe it will be more than 5-10 Million USD max.
    2)From Citizens’ Justice Point of view:
    -Those in Eritrean Citizens in jail with out due process should be allowed day in the Court as well.
    That is: ‘JUSTICE FOR ALL!

    1. It is a great initiative, keep the campaign running, a dollar a day from every hagerawi, will do the job, Awet N Hafash.

  4. If an individual can do clear his name, a nation sure can do it. Important point the lawyer mentioned is also this groups coming up fabricated are not protected and are exposed for legal action. As such I am sure they will be willing to quickly walk back their mistakes to save their own skin.
    Eritrea needs to fight smart and look for all avenues thoroughly. I mean, given the situation, it feels like Eritrea needs to set up a commission comprised of the best and the brightest of its own to study the issues at hand and come up with a plan of action.

    1. The COI is a panel of three independent human rights investigators who are not employed by the United Nations and do not represent the views of the United Nations. Meaning, they are not immune for criminal accountability and so can be prosecuted for crimes against a State.

      1. PRIVILEGES AND IMMUNITIES OF THE UN

        The following are covered under the UN Privileges and Immunities Convention:

        Absolute immunity for the UN:
        The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.

        Absolute immunity for Representatives of Member States to the UN and high-level UN officials:
        Similar to diplomatic envoys, people in these categories cannot be arrested or detained, and they are immune from legal process of every kind.

        Functional immunity for Officials:
        Officials” have immunity from legal process in respect of “words spoken or written and all acts performed by them in their official capacity”. This has been interpreted to apply to all UN staff (with the exception of those who are recruited locally and paid hourly rates, higher-ranking officials mentioned above, and anyone designated as an Expert on Mission, as described below).

        Functional immunity and inviolability for Experts on Mission:
        Experts on Mission” have immunity from legal process in respect of “words spoken or written and acts done by them in the course of the performance of their mission. They cannot be arrested or detained.

        1. Thanks TN for providing us the concerned citizens with the platform to discuss the geopolitical, social climate Eritrea is under and means to tackle them.
          Having said that it’s interesting to note that these so called “human rights investigators” are independent entities with out UN immunity. That means sooner or later these heartless individuals with ulterior political motives Will be dragged to face charges_ crimes against humanity and sued for everything they have.
          The point where one cannot take legal action against UN officials for reasons of immunity is rather bothersome for many crimes are being committed by some UN diplomats. The law in place protects these criminals from facing criminal charges, thus contributing to the continued corruption and other crimes.

          1. “These so called “human rights investigators” are independent entities with out UN immunity. That means sooner or later these heartless individuals with ulterior political motives Will be dragged to face charges_ crimes against humanity and sued for everything they have.”

            May be so, but I don’t think it is that simple. They may be without UN immunity, but they are employees of Western global powers, with a very clear job description. Meaning: they have the full backing of Western powers. And we know who runs the show at the UN.

            The point: Back to basics – ተሰራዕ: ንቓሕ: ኣብዘለኻዮ መክት – organization, fundraising and picking the right lawyers is critical in defending our nation and our people.

          2. I couldn’t agree more. You’re absolutely right. The key is getting the right Lawyer a highly experienced with proven record of winning international legal cases and NEUTRAL.

  5. ICC, African Union Row Looms Over Arrests

    [30 April 2016] – The African Union (AU) is raising a new storm against the International Criminal Court (ICC) over the possibility of using United Nations peacekeeping forces to implement the court’s arrest warrants.

    The union’s Peace and Security Council has directed its member states to reject the court’s proposal to use the forces as an extended arm to reign in indicted individuals.

    The resolution was made during the council’s 606th meeting, just two weeks before union’s leaders meet in Kigali for the 27th ordinary summit.

    “In light of the foregoing, council recommends to direct African States to the Rome Statute to ensure that during the adoption of the draft ICC Action Plan on Arrest Strategies, there is no provision that includes language requiring the UN Security Council to mandate UN peacekeeping missions to enforce ICC arrest warrants in Africa,” a dispatch from the council said.

    It added: “And to mandate the Open-Ended Ministerial Committee on the ICC to include this issue in its engagement with UN Security Council, the Assembly of State Parties (ASP) to the Rome Statute and other stakeholders on AU concerns on the activities of the ICC in Africa.”

    https://allafrica.com/stories/201606300239.html

  6. I totally agree with you,we have to stop crying like a babies stop playing victim all we need good reaction drag those people ass to court for those falce accusations.

  7. This is probably the right time to raise this issue I have had for a long time in my heart. With the power of the internet things are easier now than before. So the idea has been launched and we just have to pull our resources together and I guess the rest will take care of itself. Let’s just get started.

  8. Bruh Metsae ,thank you for you insights and defending for the innocent people . It is unthinkable more than a half century Eritrea is battle with a false accusation .So in my prospective , I think we really need you soon .Bruth Metsae I hope one day you speak on the public about Eritrea ‘s Innocent and to bring the false accusers like Monitoring groups and COI in to Justice .That is my hope but it is going to happen soon.Thank you

    1. Dear Merhaba thanks for your kind words. My take in all of these is that despite the seemingly endless hostilities and unwarranted malicious attacks from different corners, at the end Eritrea and its people will come out victorious. And the reason is because the country is blessed with millions sons and daughters like you both at home and abroad.; selfless yet dedicated.
      Also kudos to all those who are participating in this discussion in a constructive way.

  9. I have actually contacted this lawyer. Jeremy W. Schulman. He has replied back to my email. I will speak with him today or tomorrow. Depending, an how things, go, I would be happy to setup a future meeting by goto or webex, if people want to join.

    1. That’s good to know. May be TN can follow up on it and learn more about him; does he have the experience and the will to represent a country; what protocol to follow to get this going…etc?
      YapiYapo…I will presume that you support the idea of dealing the circumstances we are faced with through this channel as a viable option. If so can you coordinate some form of contact between the Lawyer and TN?
      Thanks

      1. I spoke with the lawyer (Jeremy W. schulman) for about an hour. Not only does he have the experience, but he knows the United Nations and the horn of Africa too well. I was really surprised by his depth of knowledge. In his own words. The United Nations officials and the people that make up the monitoring groups are a bunch of idiots. They lack qualifications and accuse countries of being corrupted without any standards or evidences. They take a situation without any real evidence and draw a conclusion. Then generate a smear campaign by using the media and low level diplomats that actually believe the horse shit to spread the disinformation. They create a situation then provide a solution because it keeps them employed and they get to travel the world. After they have finished working for the United Nations, they will work for third party contractors to create a cultural of dependencies. They don’t want countries like Somali to develop because it keeps them employed and it serves the United States and European interest.

        Please note. Everything I wrote above is his words.

        He is currently representing Somalia. Somalia went through the same thing as Eritrea. They even hired lawyers from UK to represent them. However, the UK lawyers were too nice. Finally, they hired him and they are getting the results they needed because he was aggressive. Somalia has filed a lawsuit against Buzz feed and they are going, after other news organizations like Wall Street Journal, and the Guardian. They have also filed a lawsuit against the individuals that represent the United Nations Monitoring Groups on Somalia as well. He thinks the sanction on Somalia will be lifted in a year or two because of all the lawsuits.

        Jermey actually admires Eritrea stands against the United Nations by not giving them any credit, not allowing the monitor groups and COI into Eritrea and for not paying attention to them. He also admired Eritrea for resisting against foreign aid.

        Here’s what he said about Eritrea fighting the United Nations. Eritrea needs to expose these idiots because they are trying to create a culture of subjugation. Eritrea needs to fight back at all fronts using PR, videos, pressure and even filing lawsuits against the media. He even said, they should use China and Russia. Eritrea needs to be incredibly aggressive with the United Nations and demand the sanctions be lifted. He is more than willing to help. The people that make up the monitoring groups and COI committee think they are immune, but they are not. Go after them, he says. Also the government of Eritrea has to file the lawsuit since this is against the government and not individual Eritreans.

        He also has a theory that Al-Shabaab is supported by Ethiopia. But that’s a discussion for another time.

        Here’s one of links that he sent me

        https://www.hiiraan.com/news4/2014/Aug/55953/press_conference_opening_remarks_of_jeremy_schulman.aspx%3Chttps://urldefense.proofpoint.com/v2/url?u=http-3A__www.hiiraan.com_news4_2014_Aug_55953_press-5Fconference-5Fopening-5Fremarks-5Fof-5Fjeremy-5Fschulman.aspx&d=CwMGaQ&c=n6-cguzQvX_tUIrZOS_4Og&r=-61z2iihNcDHIWv8Z1CjYw&m=J_W6QkuYO8aV_q0bXL4UM3DvgqM0NvI76nxCn0OuOc8&s=Iekc-x4u_E3kaTeMycCPQU0rPHiT07L4Bu0dqBoEr7Y&e=%3E

        1. Thanks for your efforts. It looks like he confirmed what we’ve been suspecting all along about these faceless hired agents hiding behind some seemingly legitimate names be it the monitoring group or commission of inquiry.
          So now that we know something about Mr. Schulman’s background, what do you think we the diasporan can do to see those committing crimes against Eritrea face legal consequences? Thanks

          1. A private citizen would not have standing to bring a lawsuit on these issues unless the citizen was himself or herself improperly named by the UN as having committed wrongdoing–like in the case of Hassan Khaire. The Eritrean government or those connected to the government who may have been wrongfully accused by the UN or wrongfully portrayed in the media would be the ones with standing to take legal action. The Eritrean government also could seek to apply political and diplomatic pressure at the UN, galvanize its allies to help take action on its behalf to scale back the sanctions regime and remove the Monitoring Group etc.

            Ultimately, if the Eritrean government will not take effective action to defend itself and its friends, change will not come.

            Eritrean citizens need to galvanize and expose the United Nation and individual members that make up the monitoring groups and COI. We can protest, sign petitions, write news articles and videos to apply pressure. We can even hack their emails and twitter accounts. I have other ideas to, but they are better discussed offline, by private emails or chat.

            here is a link to a press conference I held in 2014 https://youtu.be/1QmFxMZjPRc

        2. Interesting, thanks for the info you provided brother. So, we need to have further consultation with Mr. Schulman and other experienced lawyers to see what can be done in the near future. Thanks.

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