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\"\u12e8\u1240\u12f5\u121e<\/div>\n
\n

–<\/span>\u1325\u134b\u1270\u129b \u12e8\u1270\u1263\u1209\u1260\u1275 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u12cd\u1233\u1294 \u1340\u1295\u1277\u120d<\/span><\/p>\n

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\u12a0\u1276 \u12eb\u1228\u130b\u120d \u12e8\u1270\u12a8\u1230\u1231\u1275 \u12e8\u12c8\u1295\u1300\u120d \u1215\u130d \u12a0\u1295\u1240\u133d 32 (1) (\u1200) (\u1208) \u1260\u12cb\u1293 \u12c8\u1295\u1300\u120d \u12a0\u12f5\u122b\u130a\u1290\u1275 \u1260\u12a0\u1295\u1240\u133d 33 \u1260\u12c8\u1295\u1300\u120d \u12f5\u122d\u130a\u1271 \u1260\u12cb\u1293\u1290\u1275 \u1260\u1218\u1233\u1270\u134d\u1293 \u1260\u12a0\u1295\u1240\u133d 407 (1) (\u1200) (\u1208)\u1363 (2) \u12a5\u1293 (3) \u1225\u120d\u1323\u1295\u1295 \u12a0\u1208\u130d\u1263\u1265 \u1218\u1320\u1240\u121d \u12c8\u1295\u1300\u120e\u127d \u1290\u1260\u122d\u1361\u1361 \u12c8\u1295\u1300\u1209\u1295 \u12ad\u12f0\u12cd \u1260\u1218\u12a8\u122b\u12a8\u122b\u1278\u12cd \u12a8\u1233\u123d \u12e8\u134c\u12f4\u122b\u120d \u12e8\u1225\u1290 \u121d\u130d\u1263\u122d\u1293 \u12e8\u1340\u1228 \u1219\u1235\u1293 \u12ae\u121a\u123d\u1295 \u12d3\u1243\u1264 \u1215\u130d \u121d\u1235\u12ad\u122e\u1279\u1295\u1293 \u12e8\u1230\u1290\u12f5 \u121b\u1235\u1228\u1303\u12ce\u1279\u1295 \u12a0\u1245\u122d\u1266 \u12c8\u1295\u1300\u1209\u1295 \u1218\u1348\u1338\u121b\u1278\u12cd\u1295 \u121b\u1228\u130b\u1308\u1321\u1295 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1260\u1230\u1320\u12cd \u12cd\u1233\u1294 \u1270\u1228\u130b\u130d\u1327\u120d\u1361\u1361 \u1230\u1260\u122d \u1230\u121a \u127d\u120e\u1271\u121d \u12e8\u12ad\u122d\u12ad\u122d \u1212\u12f0\u1271\u1295\u1293 \u12cd\u1233\u1294\u12cd\u1295 \u12a0\u120d\u1270\u1243\u12c8\u1218\u12cd\u121d\u1361\u1361 \u12e8\u1218\u1218\u122d\u1218\u122d\u121d \u1225\u120d\u1323\u1295 \u12a5\u1295\u12f0\u120c\u1208\u12cd\u121d \u12a0\u1235\u1273\u12cd\u124b\u120d\u1361\u1361 \u1290\u1308\u122d \u130d\u1295 \u134d\u122d\u12f5 \u1264\u1275 \u12e8\u12c8\u1295\u1300\u120d \u1245\u1323\u1276\u127d\u1295 \u12e8\u121a\u12c8\u1235\u1290\u12cd \u12e8\u12c8\u1295\u1300\u120d \u12a0\u12f5\u122b\u130a\u12cd\u1295 \u12e8\u1215\u12ed\u12c8\u1275 \u1273\u122a\u12ad\u1363 \u12c8\u1295\u1300\u120d \u1208\u1218\u1348\u1338\u121d \u12eb\u1290\u1233\u1231\u1275\u1295 \u121d\u12ad\u1295\u12eb\u1276\u127d\u1295\u1293 \u12e8\u1210\u1233\u1261\u1295 \u12d3\u120b\u121b\u1363 \u12e8\u130d\u120d \u1291\u122e\u12cd\u1295 \u1201\u1294\u1273\u1363 \u12e8\u1275\u121d\u1205\u122d\u1275 \u12f0\u1228\u1303\u12cd\u1295\u1363 \u12e8\u12c8\u1295\u1300\u1209\u1295 \u12a8\u1263\u12f5\u1290\u1275\u1293 \u12e8\u12a0\u1348\u133b\u1338\u1219\u1295 \u1201\u1294\u1273\u12ce\u127d \u1260\u121b\u1218\u12db\u12d8\u1295 \u1218\u1206\u1291\u1295 \u1320\u1241\u121f\u120d\u1361\u1361<\/p>\n

\u12e8\u12c8\u1295\u1300\u120d \u1215\u1309\u1295\u1293 \u12e8\u1245\u1323\u1275 \u1218\u1218\u122d\u12eb\u12cd\u1295 \u12eb\u1308\u1293\u12d8\u1260 \u1218\u1206\u1291\u1295 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u12a8\u1230\u1320\u12cd \u12cd\u1233\u1294 \u1218\u1308\u1295\u12d8\u1261\u1295 \u12e8\u1308\u1208\u1338\u12cd \u1230\u1260\u122d \u127d\u120e\u1271\u1363 \u1218\u1290\u123b \u1245\u1323\u1271 \u12a8\u1270\u12c8\u1230\u1290 \u1260\u128b\u120b \u1218\u1320\u1291 \u1218\u1230\u120b\u1275 \u12eb\u1208\u1260\u1275 \u1215\u1309 \u1235\u1208\u1245\u1323\u1275 \u12a0\u12c8\u1233\u1230\u1295 \u12e8\u1270\u1218\u1208\u12a8\u1271\u1275\u1295 \u12f5\u1295\u130b\u130c\u12ce\u127d\u1363 \u1260\u134c\u12f4\u122b\u120d \u1320\u1245\u120b\u12ed \u134d\u122d\u12f5 \u1264\u1275 \u12e8\u12c8\u1323\u12cd \u12e8\u1245\u1323\u1275 \u12a0\u12c8\u1233\u1230\u1295 \u1218\u1218\u122d\u12eb\u121d \u12a5\u1295\u12f0\u121a\u12eb\u1233\u12ed \u1320\u1241\u121f\u120d\u1361\u1361<\/p>\n

\u12d3\u1243\u1264 \u1215\u130d \u1260\u12a0\u1276 \u12eb\u1228\u130b\u120d \u120b\u12ed \u12e8\u1245\u1323\u1275 \u121b\u12ad\u1260\u1303 \u12a0\u1208\u121b\u1245\u1228\u1261\u1295 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u121b\u1228\u1308\u1308\u1321\u1295 \u1230\u1260\u122d \u127d\u120e\u1271 \u1308\u120d\u133e\u1363 \u1245\u1323\u1271\u1295 \u1260\u1270\u123b\u123b\u1208\u12cd \u12e8\u1245\u1323\u1275 \u12a0\u12c8\u1233\u1230\u1295 \u1218\u1218\u122d\u12eb \u121b\u1235\u120b\u1271 \u130d\u1295 \u12e8\u1215\u130d \u1235\u1205\u1270\u1275 \u1218\u1206\u1291\u1295 \u12a0\u1235\u1228\u12f5\u1277\u120d\u1361\u1361 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1245\u1323\u1271\u1295 \u1232\u12c8\u1235\u1295 \u12e8\u1245\u1323\u1275 \u12cd\u1233\u1294 \u12e8\u121a\u1218\u1323\u12cd \u12e8\u1325\u134b\u1270\u129d\u1290\u1275 \u12cd\u1233\u1294 \u1232\u1230\u1325 \u1218\u1206\u1291\u1295\u1293 \u12e8\u1325\u134b\u1270\u129d\u1290\u1275 \u12cd\u1233\u1294 \u12f0\u130d\u121e \u1260\u1270\u1208\u12eb\u12e9 \u121d\u12ad\u1295\u12eb\u1276\u127d \u1246\u12ed\u1276 \u120a\u12c8\u1230\u1295 \u12e8\u121a\u127d\u120d \u1260\u1218\u1206\u1291\u1363 \u12e8\u1325\u134b\u1270\u129d\u1290\u1275 \u12cd\u1233\u1294 \u1260\u1270\u1230\u1320\u1260\u1275 \u130a\u12dc \u1260\u1225\u122b \u120b\u12ed \u12eb\u1208\u12cd \u12e8\u1245\u1323\u1275 \u12a0\u12c8\u1233\u1230\u1295 \u1218\u1218\u122d\u12eb \u1270\u1348\u133b\u121a\u1290\u1275 \u120a\u1296\u1228\u12cd \u12ed\u1308\u1263\u120d \u12e8\u121a\u120d \u12f5\u121d\u12f3\u121c \u120b\u12ed \u1218\u12f5\u1228\u1231 \u12a0\u130d\u1263\u1265 \u12a0\u1208\u1218\u1206\u1291\u1295 \u1230\u1260\u122d \u127d\u120e\u1271 \u1260\u134d\u122d\u12f1 \u1270\u127d\u1277\u120d\u1361\u1361<\/p>\n

\u1260\u1215\u1308 \u1218\u1295\u130d\u1225\u1271 \u12a0\u1295\u1240\u133d 20 (1) \u12a5\u1293 \u12a2\u1275\u12ee\u1335\u12eb \u1270\u1240\u1265\u120b \u1263\u1340\u12f0\u1240\u127b\u1278\u12cd \u12d3\u1208\u121d \u12a0\u1240\u134d \u1235\u121d\u121d\u1290\u1276\u127d \u12e8\u1232\u126a\u120d\u1293 \u12e8\u1356\u1208\u1272\u12ab \u1218\u1265\u1276\u127d \u12d3\u1208\u121d \u12a0\u1240\u134d \u1235\u121d\u121d\u1290\u1275 \u12a0\u1295\u1240\u133d 14 (2) (\u1210)\u1363 \u1260\u12a0\u134d\u122a\u12ab \u12e8\u1230\u12ce\u127d\u1293 \u12e8\u1215\u12dd\u1266\u127d \u1218\u1265\u1276\u127d \u127b\u122d\u1270\u122d \u12a0\u1295\u1240\u133d 7 (1) (\u1218) \u1218\u1220\u1228\u1275 \u12a0\u1295\u12f5 \u1270\u12a8\u1233\u123d \u12e8\u1270\u134b\u1320\u1290 \u12cd\u1233\u1294 \u12e8\u121b\u130d\u1298\u1275 \u1218\u1265\u1275 \u12eb\u1208\u12cd \u1235\u1208\u1218\u1206\u1291 \u12e8\u1270\u12f0\u1290\u1308\u1309\u1275\u1295 \u12f5\u1295\u130b\u130c\u12ce\u127d\u1363 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1260\u12cd\u1233\u1294\u12cd \u12a0\u1208\u121b\u1308\u1293\u12d8\u1261\u1295 \u1260\u1218\u1325\u1240\u1235 \u1230\u1260\u122d \u127d\u120e\u1271 \u1270\u127d\u1277\u120d\u1361\u1361<\/p>\n

\u12a0\u1276 \u12eb\u1228\u130b\u120d \u12ad\u1235 \u12e8\u1270\u1218\u1220\u1228\u1270\u1263\u1278\u12cd \u1325\u1245\u121d\u1275 20 \u1240\u1295 2004 \u12d3.\u121d. \u1218\u1206\u1291\u1295 \u12e8\u1320\u1246\u1218\u12cd \u1230\u1260\u122d \u127d\u120e\u1271\u1363 \u12ad\u1231 \u1260\u1240\u1228\u1260\u1260\u1275 \u12c8\u1245\u1275 \u12e8\u1290\u1260\u1228\u12cd \u12e8\u1245\u1323\u1275 \u12a0\u12c8\u1233\u1230\u1295 \u1218\u1218\u122d\u12eb \u1241\u1325\u122d 1\/2002 \u1218\u1206\u1291\u1295 \u1308\u120d\u133f\u120d\u1361\u1361 \u12ed\u12bc \u1218\u1218\u122d\u12eb \u1260\u1241\u1325\u122d 2\/2006 \u1218\u123b\u123b\u1209\u1295\u121d \u12a5\u12ad\u120f\u120d\u1361\u1361 \u1218\u1218\u122d\u12eb\u12cd \u1241\u1325\u122d 1\/2002 \u12e8\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb \u1260\u121a\u12eb\u1235\u1240\u1295\u1230\u12cd \u12a5\u122d\u12a8\u1295 \u120b\u12ed \u12e8\u12a5\u122d\u12a8\u1295 \u1245\u1323\u1275 \u1218\u1320\u1291\u1295 \u1218\u1220\u1228\u1275 \u12a0\u12f5\u122d\u130e \u1245\u1323\u1275\u1295 \u12e8\u121a\u1240\u1295\u1235 \u1232\u1206\u1295\u1363 \u12e8\u1270\u123b\u123b\u1208\u12cd \u1218\u1218\u122d\u12eb \u1241\u1325\u122d 2\/2006 \u130d\u1295 \u12e8\u121b\u1245\u1208\u12eb \u121d\u12ad\u1295\u12eb\u1276\u127d \u1260\u121a\u12eb\u1235\u1240\u1295\u1231\u1275 \u12e8\u12a5\u122d\u12a8\u1295 \u1218\u1320\u1295 \u120b\u12ed \u12eb\u12f0\u1228\u1308\u12cd \u120d\u12e9\u1290\u1275 \u12a0\u1208\u1218\u1296\u1229\u1295 \u1230\u1260\u122d \u127d\u120e\u1271 \u1260\u134d\u122d\u12f1 \u12a0\u1235\u1240\u121d\u1327\u120d\u1361\u1361 \u1260\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb \u121d\u12ad\u1295\u12eb\u1276\u127d \u121d\u120b\u123d \u12e8\u12a5\u122d\u12a8\u1295 \u12a0\u1240\u1293\u1290\u1235 \u120b\u12ed \u1218\u1218\u122d\u12eb \u1241\u1325\u122d 1\/2002 \u12a8\u1218\u1218\u122d\u12eb \u1241\u1325\u122d 2\/2006 \u12e8\u1270\u123b\u123b\u1208\u1293 \u12a0\u1276 \u12eb\u1228\u130b\u120d\u1295 \u12e8\u121a\u1320\u1245\u121d \u1218\u1206\u1291\u1295\u121d \u1230\u1260\u122d \u127d\u120e\u1271 \u12a0\u1235\u1228\u12f5\u1277\u120d\u1361\u1361 \u12a8\u12c8\u1295\u1300\u120d \u1215\u130d \u12a0\u1295\u1240\u133d \u1235\u12f5\u1235\u1275\u1293 \u12a8\u1215\u1308 \u1218\u1295\u130d\u1225\u1271 \u12a0\u1295\u1240\u133d 22 \u12f5\u1295\u130b\u130c\u12ce\u127d \u12ed\u12d8\u1275\u1293 \u1218\u1295\u1348\u1235 \u12a0\u1295\u1343\u122d \u12e8\u1270\u123b\u1208\u12cd \u1218\u1218\u122d\u12eb \u1270\u1348\u1343\u121a\u1290\u1275 \u12a0\u1295\u12f2\u1296\u1228\u12cd \u12a5\u1295\u12f0\u121a\u1308\u1263 \u1260\u1230\u1260\u122d \u127d\u120e\u1271 \u12e8\u1270\u1208\u12eb\u12e9 \u1218\u12dd\u1308\u1266\u127d \u12e8\u1215\u130d \u1275\u122d\u1309\u121d \u12a5\u1295\u12f0\u1270\u1230\u1320\u1260\u1275 \u12a0\u1235\u1273\u12cd\u1236\u1363 \u1208\u12a0\u1276 \u12eb\u1228\u130b\u120d \u12a0\u12ed\u1238\u1239\u121d \u12e8\u1245\u1323\u1275 \u12a0\u12c8\u1233\u1230\u1295 \u1218\u1218\u122d\u12eb 1\/2002 \u12e8\u1270\u123b\u1208 \u1206\u1296 \u1260\u121b\u130d\u1298\u1271 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1260\u12da\u1205 \u1228\u1308\u12f5 \u12e8\u1215\u130d \u1235\u1205\u1270\u1275 \u1348\u133d\u121e \u12a5\u1295\u12f3\u1308\u1298\u12cd \u12a0\u1235\u1273\u12cd\u124b\u120d\u1361\u1361<\/p>\n

\u120c\u120b\u12cd \u12e8\u134d\u122d\u12f5 \u1264\u1275 \u1208\u12a0\u1276 \u12eb\u1228\u130b\u120d \u12a8\u12eb\u12d8\u120b\u1278\u12cd \u1226\u1235\u1275 \u12e8\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb\u12ce\u127d \u1260\u1270\u1328\u121b\u122a\u1363 \u12e8\u12ad\u120d\u1209 \u1355\u122c\u12da\u12f3\u1295\u1275 \u1206\u1290\u12cd \u1260\u121a\u1220\u1229\u1260\u1275 \u12c8\u1245\u1275 \u1208\u1228\u12e5\u121d \u130a\u12dc \u1215\u12dd\u1265\u1295\u1293 \u1218\u1295\u130d\u1225\u1275\u1295 \u121b\u1308\u120d\u1308\u120b\u1278\u12cd \u12e8\u122b\u1231 \u12e8\u1206\u1290 \u12cb\u130b \u12eb\u1208\u12cd \u12a0\u1308\u120d\u130d\u120e\u1275 \u12a5\u1295\u1302 \u1260\u12f0\u1348\u1293\u12cd \u2039\u2039\u12e8\u1283\u120b\u134a\u1290\u1275 \u130d\u12f4\u1273 \u1290\u12cd\u203a\u203a \u1270\u1265\u120e \u1260\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u12e8\u121a\u1273\u1208\u134d \u12a0\u1208\u1218\u1206\u1291\u1295 \u1230\u1260\u122d \u127d\u120e\u1271 \u1308\u120d\u133f\u120d\u1361\u1361 \u12a0\u1276 \u12eb\u1228\u130b\u120d \u1260\u12a0\u12ab\u1263\u1262 \u1325\u1260\u1243\u1293 \u1260\u12a0\u1228\u1295\u1313\u12f4 \u120d\u121b\u1275 \u12a5\u1295\u1245\u1235\u1243\u1234 \u00a0\u12a8\u134d\u1270\u129b \u12a0\u1235\u1270\u12cb\u133d\u12a6 \u1260\u121b\u12f5\u1228\u130d \u12e8\u1218\u122a\u1290\u1275 \u12e8\u121a\u1293\u1278\u12cd\u1295 \u12e8\u1270\u12c8\u1321 \u1260\u1218\u1206\u1293\u1278\u12cd \u1260\u12c8\u1245\u1271 \u12a8\u12a0\u1308\u122a\u1271 \u1355\u122c\u12da\u12f3\u1295\u1275\u1293 \u12a8\u12a0\u1228\u1295\u1313\u12f4 \u120d\u121b\u1275 \u1355\u122e\u130d\u122b\u121d \u12e8\u1260\u120b\u12ed \u1320\u1263\u1242 \u123d\u120d\u121b\u1275 \u12e8\u1270\u1240\u1260\u1209\u1293 \u120c\u120e\u127d \u120d\u121b\u1276\u127d\u1295 \u1260\u12a0\u1218\u122d\u1242 \u1201\u1294\u1273 \u12e8\u1348\u1338\u1219 \u1218\u1206\u1293\u1278\u12cd\u1363 \u12a5\u1295\u12f0 \u12a0\u1295\u12f5 \u12e8\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb \u120a\u12eb\u12dd\u120b\u1278\u12cd \u12a5\u1295\u12f0\u121a\u1308\u1263 \u1230\u1260\u122d \u127d\u120e\u1271 \u1308\u120d\u133f\u120d\u1361\u1361 \u1260\u12f5\u121d\u1229 \u12a0\u122b\u1275 \u12e8\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb \u1232\u12eb\u12dd\u120b\u1278\u12cd \u1260\u1218\u1218\u122d\u12eb \u1241\u1325\u122d 1\/2002 \u12a0\u1295\u1240\u133d 16(17) \u12f5\u1295\u130b\u130c \u1218\u1220\u1275 \u12a5\u12eb\u1295\u12f3\u1295\u12f1 \u12e8\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb \u1226\u1235\u1275 \u12a5\u122d\u12a8\u1295 \u12e8\u121a\u12eb\u1235\u1240\u1295\u1235\u120b\u1278\u12cd \u1260\u1218\u1206\u1291\u1363 \u12a0\u1276 \u12eb\u1228\u130b\u120d \u126012 \u12e8\u1245\u1323\u1275 \u121b\u1245\u1208\u12eb \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1208\u1245\u1323\u1275 \u12a8\u12eb\u12d8\u12cd \u12a5\u122d\u12a8\u1295 27 \u12c8\u12f0 \u12a5\u122d\u12a8\u1295 15 \u12c8\u122d\u12f6 \u1245\u1323\u1271 \u12e8\u1226\u1235\u1275 \u12d3\u1218\u1275 \u133d\u1291 \u12a5\u1235\u122b\u1275 \u12a5\u1295\u12f2\u1206\u1295 \u134d\u122d\u12f5 \u1230\u1325\u1277\u120d\u1361\u1361 \u12e8\u1308\u1295\u12d8\u1265 \u1218\u1240\u1218\u132b\u12cd\u1295 \u12a5\u1295\u12f0\u121b\u12ed\u1290\u12ab\u121d \u12a0\u12ad\u120f\u120d\u1361\u1361 \u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1276\u127d \u12cd\u1233\u1294\u12ce\u127d \u1218\u123b\u122b\u1278\u12cd\u1295\u121d \u12a0\u1235\u1273\u12cd\u124b\u120d\u1361\u1361<\/p>\n

\u00a0<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

\"የቀድሞ<\/div>\n
\n

–<\/span>ጥፋተኛ የተባሉበት የሥር ፍርድ ቤት ውሳኔ ፀንቷል<\/span><\/p>\n

ሥልጣንን ያላግባብ በመጠቀም የሙስና ወንጀል ተከሰው ሰባት ዓመታት ጽኑ እስራትና 20 ሺሕ ብር የገንዘብ ቅጣት የተጣለባቸው የቀድሞው የቤኒሻንጉል ጉሙዝ ክልል ፕሬዚዳንት አቶ ያረጋል አይሸሹም፣ ከሦስት ዓመታት የእስር ቆይታ በኋላ ቅጣቱ ተቀንሶላቸው ግንቦት 18 ቀን 2007 ዓ.ም. ከእስር ተለቀቁ፡፡<\/span><\/p>\n<\/div>\n

\n

አቶ ያረጋል በክልሉ ርዕሰ መስተዳደር በነበሩበት ወቅት ከፌዴራል መንግሥት በተሰጠ የበጀት ድጎማ ከክልሉ በጀት የግልገል በለስ መምህራን ኮሌጅ፣ የጣና በለስ የሴቶች አዳሪ ትምህርት ቤትና የአሶሳ የቴክኒክና የሙያ ማሠልጠኛ ተቋማትን  ለማስገንባት በክልሉ የወጣውን የግዥ መመርያ ቁጥር 1\/1992 አንቀጽ 9.1 እና 2 ሥር የተደነገገውን በመተላለፍ ግዥ እንዲፈጸም፣ የሦስቱ ፕሮጀክቶች ጨረታ ያላግባብ እንዲሰጥ አድርገዋል በሚል ግብረ አበሮቻቸው ከተባሉ ጋር መከሰሳቸው ይታወሳል፡፡<\/span><\/p>\n

የሥር ፍርድ ቤት የቀረቡለትን የሰውና የሰነድ ማስረጃዎች መርምሮ እንዲከላከሉ ካደረገ በኋላ፣ የዓቃቤ ሕግን ማስረጃ ማስተባበል ባለመቻላቸው ጥፋተኛ በማለት ቅጣቱን ወስኖባቸው ነበር፡፡<\/p>\n

አቶ ያረጋል በሕዝብና በመንግሥት ጥቅም ላይ ጉዳት በማድረሳቸው የሰባት ዓመታት ጽኑ እስራትና የ20 ሺሕ ብር የገንዘብ ቅጣት ሲጣልባቸው፣ የሥር ፍርድ ቤት ፍርድን በመቃወም ለፌዴራል ጠቅላይ ፍርድ ቤት ይግባኝ ብለው ነበር፡፡ ጠቅላይ ፍርድ ቤት የቀረበለትን አቤቱታ ተመልክቶ፣ ‹‹የሥር ፍርድ ቤት የቅጣት ውሳኔ የሚነቀፍ ሆኖ እንዳላገኘው ጠቁሞ ‹‹አያስቀርብም›› ብሎ መዝገቡን ዘግቶት ነበር፡፡ የሥር ፍርድ ቤቶች የሕግ ጥሰት ፈጽመዋል በማለት ለሰበር ሰሚ ችሎት የመጨረሻ አቤቱታቸውን አቅርበዋል፡፡<\/p>\n

ለሰበር ችሎቱ ባቀረቡት አቤቱታ እንዳስረዱት በወንጀል ድርጊት እንዲጠየቁ የተደረገው ተገቢ ማስረጃ በዓቃቤ ሕግ በኩል ስላልቀረበ ነው፡፡ ከወንጀል ተጠያቂነት መርህ መንፈስና ይዘት ውጪ ነው ብለዋል፡፡ የመከላከያ ማስረጃቸው ይዘት ውድቅ የተደረገውም ያላግባብ እንደሆነ፣ የእስራት ቅጣቱም በወቅቱ ያለውን የቅጣት መመርያ መሠረት ያላደረገ መሆኑን፣ እሳቸው ያቀረቧቸው የቅጣት ማቅለያ ምክንያቶች የታለፉት ያላግባብ መሆኑን ዘርዝረው የሥር ፍርድ ቤት ውሳኔ እንዲሻርላቸው ወይም እንዲስተካከልላቸው ጠይቀው ነበር፡፡<\/p>\n

አቶ ያረጋል የተከሰሱት የወንጀል ሕግ አንቀጽ 32 (1) (ሀ) (ለ) በዋና ወንጀል አድራጊነት በአንቀጽ 33 በወንጀል ድርጊቱ በዋናነት በመሳተፍና በአንቀጽ 407 (1) (ሀ) (ለ)፣ (2) እና (3) ሥልጣንን አለግባብ መጠቀም ወንጀሎች ነበር፡፡ ወንጀሉን ክደው በመከራከራቸው ከሳሽ የፌዴራል የሥነ ምግባርና የፀረ ሙስና ኮሚሽን ዓቃቤ ሕግ ምስክሮቹንና የሰነድ ማስረጃዎቹን አቅርቦ ወንጀሉን መፈጸማቸውን ማረጋገጡን የሥር ፍርድ ቤት በሰጠው ውሳኔ ተረጋግጧል፡፡ ሰበር ሰሚ ችሎቱም የክርክር ሒደቱንና ውሳኔውን አልተቃወመውም፡፡ የመመርመርም ሥልጣን እንደሌለውም አስታውቋል፡፡ ነገር ግን ፍርድ ቤት የወንጀል ቅጣቶችን የሚወስነው የወንጀል አድራጊውን የሕይወት ታሪክ፣ ወንጀል ለመፈጸም ያነሳሱትን ምክንያቶችንና የሐሳቡን ዓላማ፣ የግል ኑሮውን ሁኔታ፣ የትምህርት ደረጃውን፣ የወንጀሉን ከባድነትና የአፈጻጸሙን ሁኔታዎች በማመዛዘን መሆኑን ጠቁሟል፡፡<\/p>\n

የወንጀል ሕጉንና የቅጣት መመርያውን ያገናዘበ መሆኑን የሥር ፍርድ ቤት ከሰጠው ውሳኔ መገንዘቡን የገለጸው ሰበር ችሎቱ፣ መነሻ ቅጣቱ ከተወሰነ በኋላ መጠኑ መሰላት ያለበት ሕጉ ስለቅጣት አወሳሰን የተመለከቱትን ድንጋጌዎች፣ በፌዴራል ጠቅላይ ፍርድ ቤት የወጣው የቅጣት አወሳሰን መመርያም እንደሚያሳይ ጠቁሟል፡፡<\/p>\n

ዓቃቤ ሕግ በአቶ ያረጋል ላይ የቅጣት ማክበጃ አለማቅረቡን የሥር ፍርድ ቤት ማረገገጡን ሰበር ችሎቱ ገልጾ፣ ቅጣቱን በተሻሻለው የቅጣት አወሳሰን መመርያ ማስላቱ ግን የሕግ ስህተት መሆኑን አስረድቷል፡፡ የሥር ፍርድ ቤት ቅጣቱን ሲወስን የቅጣት ውሳኔ የሚመጣው የጥፋተኝነት ውሳኔ ሲሰጥ መሆኑንና የጥፋተኝነት ውሳኔ ደግሞ በተለያዩ ምክንያቶች ቆይቶ ሊወሰን የሚችል በመሆኑ፣ የጥፋተኝነት ውሳኔ በተሰጠበት ጊዜ በሥራ ላይ ያለው የቅጣት አወሳሰን መመርያ ተፈጻሚነት ሊኖረው ይገባል የሚል ድምዳሜ ላይ መድረሱ አግባብ አለመሆኑን ሰበር ችሎቱ በፍርዱ ተችቷል፡፡<\/p>\n

በሕገ መንግሥቱ አንቀጽ 20 (1) እና ኢትዮጵያ ተቀብላ ባፀደቀቻቸው ዓለም አቀፍ ስምምነቶች የሲቪልና የፖለቲካ መብቶች ዓለም አቀፍ ስምምነት አንቀጽ 14 (2) (ሐ)፣ በአፍሪካ የሰዎችና የሕዝቦች መብቶች ቻርተር አንቀጽ 7 (1) (መ) መሠረት አንድ ተከሳሽ የተፋጠነ ውሳኔ የማግኘት መብት ያለው ስለመሆኑ የተደነገጉትን ድንጋጌዎች፣ የሥር ፍርድ ቤት በውሳኔው አለማገናዘቡን በመጥቀስ ሰበር ችሎቱ ተችቷል፡፡<\/p>\n

አቶ ያረጋል ክስ የተመሠረተባቸው ጥቅምት 20 ቀን 2004 ዓ.ም. መሆኑን የጠቆመው ሰበር ችሎቱ፣ ክሱ በቀረበበት ወቅት የነበረው የቅጣት አወሳሰን መመርያ ቁጥር 1\/2002 መሆኑን ገልጿል፡፡ ይኼ መመርያ በቁጥር 2\/2006 መሻሻሉንም እክሏል፡፡ መመርያው ቁጥር 1\/2002 የቅጣት ማቅለያ በሚያስቀንሰው እርከን ላይ የእርከን ቅጣት መጠኑን መሠረት አድርጎ ቅጣትን የሚቀንስ ሲሆን፣ የተሻሻለው መመርያ ቁጥር 2\/2006 ግን የማቅለያ ምክንያቶች በሚያስቀንሱት የእርከን መጠን ላይ ያደረገው ልዩነት አለመኖሩን ሰበር ችሎቱ በፍርዱ አስቀምጧል፡፡ በቅጣት ማቅለያ ምክንያቶች ምላሽ የእርከን አቀናነስ ላይ መመርያ ቁጥር 1\/2002 ከመመርያ ቁጥር 2\/2006 የተሻሻለና አቶ ያረጋልን የሚጠቅም መሆኑንም ሰበር ችሎቱ አስረድቷል፡፡ ከወንጀል ሕግ አንቀጽ ስድስትና ከሕገ መንግሥቱ አንቀጽ 22 ድንጋጌዎች ይዘትና መንፈስ አንፃር የተሻለው መመርያ ተፈፃሚነት አንዲኖረው እንደሚገባ በሰበር ችሎቱ የተለያዩ መዝገቦች የሕግ ትርጉም እንደተሰጠበት አስታውሶ፣ ለአቶ ያረጋል አይሸሹም የቅጣት አወሳሰን መመርያ 1\/2002 የተሻለ ሆኖ በማግኘቱ የሥር ፍርድ ቤት በዚህ ረገድ የሕግ ስህተት ፈጽሞ እንዳገኘው አስታውቋል፡፡<\/p>\n

ሌላው የፍርድ ቤት ለአቶ ያረጋል ከያዘላቸው ሦስት የቅጣት ማቅለያዎች በተጨማሪ፣ የክልሉ ፕሬዚዳንት ሆነው በሚሠሩበት ወቅት ለረዥም ጊዜ ሕዝብንና መንግሥትን ማገልገላቸው የራሱ የሆነ ዋጋ ያለው አገልግሎት እንጂ በደፈናው ‹‹የኃላፊነት ግዴታ ነው›› ተብሎ በሥር ፍርድ ቤት የሚታለፍ አለመሆኑን ሰበር ችሎቱ ገልጿል፡፡ አቶ ያረጋል በአካባቢ ጥበቃና በአረንጓዴ ልማት እንቅስቃሴ  ከፍተኛ አስተዋጽኦ በማድረግ የመሪነት የሚናቸውን የተወጡ በመሆናቸው በወቅቱ ከአገሪቱ ፕሬዚዳንትና ከአረንጓዴ ልማት ፕሮግራም የበላይ ጠባቂ ሽልማት የተቀበሉና ሌሎች ልማቶችን በአመርቂ ሁኔታ የፈጸሙ መሆናቸው፣ እንደ አንድ የቅጣት ማቅለያ ሊያዝላቸው እንደሚገባ ሰበር ችሎቱ ገልጿል፡፡ በድምሩ አራት የቅጣት ማቅለያ ሲያዝላቸው በመመርያ ቁጥር 1\/2002 አንቀጽ 16(17) ድንጋጌ መሠት እያንዳንዱ የቅጣት ማቅለያ ሦስት እርከን የሚያስቀንስላቸው በመሆኑ፣ አቶ ያረጋል በ12 የቅጣት ማቅለያ የሥር ፍርድ ቤት ለቅጣት ከያዘው እርከን 27 ወደ እርከን 15 ወርዶ ቅጣቱ የሦስት ዓመት ጽኑ እስራት እንዲሆን ፍርድ ሰጥቷል፡፡ የገንዘብ መቀመጫውን እንደማይነካም አክሏል፡፡ የሥር ፍርድ ቤቶች ውሳኔዎች መሻራቸውንም አስታውቋል፡፡<\/p>\n

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