February 04, 2008
Debra Black
Staff Reporter

Bashir Makhtal, a former Toronto resident who has been detained in Ethiopia for more than a year, made a brief appearance last Friday in a military court in Addis Ababa.

Makhtal, a Canadian citizen, told the court he would not speak without a Canadian lawyer and Canadian officials being present, a relative told the Star. Makhtal was then ushered back to his prison cell, said cousin Said Maktal, who lives in Hamilton.

Makhtal was arrested in late December 2006 as he tried to enter Kenya to escape the civil war in Somalia. He was detained for three weeks and then deported to Somalia, and on to Ethiopia.

It is believed Makhtal was of interest to the Ethiopian government because of his grandfather's connection to the Ogaden separatist movement. There has been no evidence, however, of Makhtal belonging to that or any of the other warring factions in Ethiopia, his family says.

Said Maktal learned about Bashir's brief court appearance in a phone call from family members in Ethiopia. He said Bashir smuggled the latest information out in a note to his family.

Said Maktal said officials at Canada's Department of Foreign Affairs were surprised to hear of the latest development. Foreign affairs officials told him the Canadian ambassador to Ethiopia had just met with officials in Addis Ababa about the case that same day, Maktal said.

He was told Ethiopian officials repeated promises to the ambassador that Canadian officials could have access to Makhtal as soon as the Ethiopian investigation into him had wound up. "That's the same story they've been telling us the whole year my cousin is behind bars," said Said Maktal. "I'm asking Stephen Harper to step up and do something about this."

"This is very ominous" added human rights lawyer Lorne Waldman, who represents Bashir in a civil suit recently filed in Ontario's Superior Court of Justice against the Ethiopian government and its officials for "violations of international law, assault, battery, false arrest and false imprisonment."

Waldman today urged the Canadian government to demand consular access to Makhtal and get legal representation for him immediately.

"In Ethiopia the judicial system leaves a lot to be desired, but when you're talking about a military court the chances of Bashir getting due process are non-existent." he said.

A spokesperson for the Department of Foreign Affairs and International Trade would not confirm or deny Said Maktal's account of recent events, but said that Secretary of State Helena Guergis has written her Ethiopian counterpart to demand immediate consular access to Makhtal and expressed her concern about his situation.

Senior foreign affairs officials continue to press Ethiopian authorities on the issues of consular access, due process and respect for human rights, said Bernard Nguyen, a spokesperson for the department.

"Through a trusted intermediary we've been able to verify Mr. Makhtal's wellbeing on several occasions," he said Monday night night.


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