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\n

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\u12e8\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1260\u1270\u1208\u12ed \u12a0\u1276 \u1200\u1265\u1273\u1219\u1293 \u12a0\u1276 \u12a0\u1265\u122d\u1203\u121d \u1230\u1208\u121e\u1295 \u1260\u12d5\u1208\u1271 (\u1290\u1210\u1234 14 \u1240\u12952007 \u12d3.\u121d.) \u12a5\u1295\u12f2\u1348\u1271\u1293 \u12a0\u1276 \u12a0\u1265\u122d\u1203\u1363 \u12a0\u1276 \u12f3\u1295\u12a4\u120d\u1293 \u12a0\u1276 \u12e8\u123a\u12cb\u1235 \u127d\u120e\u1275 \u1260\u1218\u12f5\u1348\u122d \u12c8\u1295\u1300\u120d \u12e8\u1270\u1323\u1208\u1263\u1278\u12cd\u1295 \u1245\u1323\u1275 \u1232\u1328\u122d\u1231 \u12a5\u1295\u12f2\u1208\u1240\u1241 \u12e8\u1230\u1320\u12cd \u1275\u12d5\u12db\u12dd \u1273\u130d\u12f7\u120d\u1361\u1361<\/p>\n

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\u134d\u122d\u12f5 \u1264\u1275 \u1260\u12a0\u1295\u12f5 \u1218\u12dd\u1308\u1265 \u120b\u12ed \u12cd\u1233\u1294 \u12a8\u1230\u1320 \u1260\u128b\u120b \u12a5\u1295\u12f0\u1230\u1320\u12cd \u12cd\u1233\u1294 \u1235\u134b\u1275\u1293 \u1325\u1260\u1275\u1363 \u12cd\u1233\u1294\u12cd\u1295 \u12a0\u1235\u1308\u120d\u1265\u1326 \u1208\u1218\u12cd\u1230\u12f5 \u1348\u1320\u1290 \u1262\u1263\u120d \u1260\u12a0\u121d\u1235\u1275 \u1240\u1293\u1275 \u12cd\u1235\u1325 \u120a\u12f0\u122d\u1235 \u12a5\u1295\u12f0\u121a\u127d\u120d \u12e8\u1308\u1208\u1339\u1275 \u12e8\u1215\u130d \u1263\u1208\u1219\u12eb\u12ce\u127d\u1363 \u12e8\u12a5\u1290 \u1200\u1265\u1273\u1219 \u12a0\u12eb\u120c\u12cd \u12cd\u1233\u1294 44 \u1308\u133d \u12a8\u1218\u1206\u1291 \u12a0\u1295\u1343\u122d\u1363 \u12a0\u1235\u1308\u120d\u1265\u1326 \u1208\u1218\u12cd\u1230\u12f5 \u1262\u1348\u1325\u1295 \u12a8\u12a0\u1295\u12f5 \u1233\u121d\u1295\u1275 \u1260\u120b\u12ed \u120a\u12c8\u1235\u12f5 \u12a5\u1295\u12f0\u121a\u127d\u120d \u1270\u1293\u130d\u1228\u12cb\u120d\u1361\u1361 \u1290\u1308\u122d \u130d\u1295 \u12d3\u1243\u1264 \u1215\u130d \u1260\u12a0\u1295\u12f5 \u1240\u1295 \u120d\u12e9\u1290\u1275 \u12a0\u1235\u1308\u120d\u1265\u1326\u1293 \u12e8\u12ed\u130d\u1263\u129d \u12a0\u1264\u1271\u1273 \u12a0\u12d8\u130b\u1305\u1276 \u1260\u121b\u130d\u1225\u1271 \u12cd\u1233\u1294\u12cd\u1295 \u121b\u1233\u1308\u12f1 \u12eb\u120d\u1270\u1208\u1218\u12f0 \u12a5\u1295\u12f0\u1206\u1290\u1263\u1278\u12cd \u1308\u120d\u1338\u12cb\u120d\u1361\u1361<\/p>\n

\u120c\u120b\u12cd \u12e8\u1215\u130d \u1263\u1208\u1219\u12eb\u12ce\u1279 \u12e8\u1308\u1208\u1339\u1275 \u12a0\u1295\u12f5 \u1270\u12a8\u1233\u123d \u1260\u1290\u1343 \u12a8\u1270\u1230\u1293\u1260\u1270\u1363 \u12d3\u1243\u1264 \u1215\u130d \u12ed\u130d\u1263\u129d \u12a5\u1295\u12f0\u121a\u1348\u120d\u130d \u1235\u1208\u1308\u1208\u1338 \u1265\u127b \u1290\u1343 \u12e8\u1270\u1263\u1208\u12cd \u1230\u12cd \u1260\u12a5\u1235\u122d \u12a5\u1295\u12f2\u1246\u12ed \u12e8\u121a\u12eb\u12f0\u122d\u130d \u12e8\u1215\u130d \u12a0\u130d\u1263\u1265 \u1260\u130d\u120d\u133d \u12a5\u1295\u12f3\u120d\u1270\u1240\u1218\u1320 \u1270\u1293\u130d\u1228\u12cb\u120d\u1361\u1361 \u12ed\u120d\u1241\u1295\u121d \u1260\u1225\u122d \u134d\u122d\u12f5 \u1264\u1275 \u1325\u134b\u1270\u129b \u12e8\u121a\u1263\u120d \u1270\u12a8\u1233\u123d \u1208\u1260\u120b\u12ed \u134d\u122d\u12f5 \u1264\u1275 \u12ed\u130d\u1263\u129d \u12a0\u1245\u122d\u1266 \u1309\u12f3\u12ed \u12a5\u1235\u12a8\u121a\u1273\u12ed\u1208\u1275 \u12f5\u1228\u1235\u1363 \u1260\u12a5\u1235\u122d \u12a5\u1295\u12f3\u12ed\u1246\u12ed \u1273\u130d\u12f6 \u12a5\u1295\u12f2\u1246\u12ed\u1208\u1275 \u1260\u12c8\u1295\u1300\u1208\u129b \u1218\u1245\u132b \u1225\u1290 \u1225\u122d\u12d3\u1275 \u1215\u130d \u1241\u1325\u122d \u1260188(2) \u1218\u1220\u1228\u1275 \u1218\u1246\u12e8\u1275 \u12a5\u1295\u12f0\u121a\u127d\u120d \u1270\u1293\u130d\u1228\u12cb\u120d\u1361\u1361 \u12d3\u1243\u1264 \u1215\u130d \u1260\u1260\u12a9\u1209 \u12cd\u1233\u1294 \u12eb\u1228\u1348\u1260\u1275\u1295 \u1218\u12dd\u1308\u1265 \u1260\u12c8\u1295\u1300\u1208\u129b \u1218\u1245\u132b \u1215\u130d \u1225\u1290 \u1225\u122d\u12d3\u1275 \u1241\u1325\u122d 188(5) \u1218\u1220\u1228\u1275 \u121b\u1233\u1308\u12f5 \u12a5\u1295\u12f0\u121a\u127d\u120d \u1308\u120d\u133f\u120d\u1361\u1361\u00a0<\/p>\n

\u12d3\u1243\u1264 \u1215\u130d \u12ed\u130d\u1263\u129d \u1263\u1208\u1260\u1275 \u12e8\u12a5\u1290 \u1200\u1265\u1273\u1219 \u12a0\u12eb\u120c\u12cd \u1218\u12dd\u1308\u1265\u1295 \u1218\u122d\u121d\u122e \u201c\u12eb\u1235\u1240\u122d\u1263\u120d \u12c8\u12ed\u121d \u12a0\u12eb\u1235\u1240\u122d\u1265\u121d\u201d \u1208\u121b\u1208\u1275 \u1320\u1245\u120b\u12ed \u134d\u122d\u12f5 \u1264\u1275 \u1208\u1218\u1235\u12a8\u1228\u121d 21 \u1240\u1295 2008 \u12d3.\u121d. \u1240\u1320\u122e \u1218\u1235\u1320\u1271 \u1273\u12cd\u124b\u120d\u1361\u1361<\/p>\n","protected":false},"excerpt":{"rendered":"

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በተጠረጠሩበት የሽብር ድርጊት ወንጀል ከአንድ ዓመት በላይ በእስር ከቆዩ በኋላ ነሐሴ 14 ቀን 2009 ዓ.ም. በነፃ የተሰናበቱት የፖለቲካ ፓርቲዎች አመራሮች፣ ዓቃቤ ሕግ ውሳኔውን በመቃወም ይግባኝ ስላለባቸው ሳይፈቱ ቀሩ፡፡<\/span><\/p>\n<\/div>\n

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“በተጠረጠሩበት የሽብርተኝነት ወንጀል መከላከል ሳያስፈልጋቸው በነፃ ተሰናብተዋል” በማለት የፌዴራል ከፍተኛ ፍርድ ቤት 19ኛ ወንጀል ችሎት በነፃ አሰናብቷቸው የነበሩት የአንድነት ለዴሞክራሲና ለፍትሕ ፓርቲ አመራሮች አቶ ሀብታሙ አያሌውና አቶ ዳንኤል ሺበሺ፣ የአረና ለትግራይ ለዴሞክራሲና ለሉዓላዊነት ፓርቲ አመራር አቶ አብርሃ ደስታና የሰማያዊ ፓርቲ አመራር አቶ የሺዋስ አሰፋ፣ እንዲሁም በእነሱ የክስ መዝገብ ተካተው የነበሩት አቶ አብርሃም ሰለሞን ነበሩ፡፡ በሥር ፍርድ ቤት ውሳኔ ያልተስማማው ዓቃቤ ሕግ፣ ያቀረባቸው የሰነድና የሰዎች ማስረጃዎች በአግባቡ እንዳልታዩለት በመግለጽ፣ በወንጀለኛ መቅጫ ሥነ ሥርዓት ሕግ አንቀጽ 188(5) መሠረት የይግባኝ አቤቱታውን ለፌዴራል ጠቅላይ ፍርድ ቤት በማስገባቱ፣ በነፃ የተሰናበቱት አምስቱም ሰዎች እንዳይለቀቁ ዕግድ ተጥሏል፡፡<\/span><\/p>\n

የሥር ፍርድ ቤት በተለይ አቶ ሀብታሙና አቶ አብርሃም ሰለሞን በዕለቱ (ነሐሴ 14 ቀን2007 ዓ.ም.) እንዲፈቱና አቶ አብርሃ፣ አቶ ዳንኤልና አቶ የሺዋስ ችሎት በመድፈር ወንጀል የተጣለባቸውን ቅጣት ሲጨርሱ እንዲለቀቁ የሰጠው ትዕዛዝ ታግዷል፡፡<\/p>\n

በዕለቱ እንዲፈቱ ትዕዛዝ የተላለፈላቸው አቶ ሀብታሙና አቶ አብርሃም ቤተሰቦች፣ ነሐሴ 14 ቀን ከሰዓት በኋላና ነሐሴ 15 ቀን 2007 ዓ.ም. ሙሉ ቀን ቂሊንጦ ማረሚያ ቤት በመሄድ፣ የሚፈቱ ቤተሰቦቻቸውን በማጀብ ወደ ቤታቸው ይዘው ለመግባት እስከ ምሽቱ 12 ሰዓት ድረስ ሲጠብቁ ውለው፣ ምንም ዓይነት ምላሽ ሳያገኙ መመለሳቸውን ገልጸዋል፡፡ ነሐሴ 16 ቀን 2007 ዓ.ም. ተመልሰው በመሄድ ሲጠይቋቸው እነ ሀብታሙም ምንም የሰሙትም ሆነ የሚያውቁት ነገር እንደሌለ እንደነገሯቸው ገልጸዋል፡፡ ዓቃቤ ሕግ ይግባኝ ጠይቆ “ይፈቱ” የሚለው ትዕዛዝ መታገዱን ያወቁት ነሐሴ 18 ቀን 2007 ዓ.ም. መሆኑንም ገልጸዋል፡፡<\/p>\n

ፍርድ ቤት በአንድ መዝገብ ላይ ውሳኔ ከሰጠ በኋላ እንደሰጠው ውሳኔ ስፋትና ጥበት፣ ውሳኔውን አስገልብጦ ለመውሰድ ፈጠነ ቢባል በአምስት ቀናት ውስጥ ሊደርስ እንደሚችል የገለጹት የሕግ ባለሙያዎች፣ የእነ ሀብታሙ አያሌው ውሳኔ 44 ገጽ ከመሆኑ አንፃር፣ አስገልብጦ ለመውሰድ ቢፈጥን ከአንድ ሳምንት በላይ ሊወስድ እንደሚችል ተናግረዋል፡፡ ነገር ግን ዓቃቤ ሕግ በአንድ ቀን ልዩነት አስገልብጦና የይግባኝ አቤቱታ አዘጋጅቶ በማግሥቱ ውሳኔውን ማሳገዱ ያልተለመደ እንደሆነባቸው ገልጸዋል፡፡<\/p>\n

ሌላው የሕግ ባለሙያዎቹ የገለጹት አንድ ተከሳሽ በነፃ ከተሰናበተ፣ ዓቃቤ ሕግ ይግባኝ እንደሚፈልግ ስለገለጸ ብቻ ነፃ የተባለው ሰው በእስር እንዲቆይ የሚያደርግ የሕግ አግባብ በግልጽ እንዳልተቀመጠ ተናግረዋል፡፡ ይልቁንም በሥር ፍርድ ቤት ጥፋተኛ የሚባል ተከሳሽ ለበላይ ፍርድ ቤት ይግባኝ አቅርቦ ጉዳይ እስከሚታይለት ድረስ፣ በእስር እንዳይቆይ ታግዶ እንዲቆይለት በወንጀለኛ መቅጫ ሥነ ሥርዓት ሕግ ቁጥር በ188(2) መሠረት መቆየት እንደሚችል ተናግረዋል፡፡ ዓቃቤ ሕግ በበኩሉ ውሳኔ ያረፈበትን መዝገብ በወንጀለኛ መቅጫ ሕግ ሥነ ሥርዓት ቁጥር 188(5) መሠረት ማሳገድ እንደሚችል ገልጿል፡፡ <\/p>\n

ዓቃቤ ሕግ ይግባኝ ባለበት የእነ ሀብታሙ አያሌው መዝገብን መርምሮ “ያስቀርባል ወይም አያስቀርብም” ለማለት ጠቅላይ ፍርድ ቤት ለመስከረም 21 ቀን 2008 ዓ.ም. ቀጠሮ መስጠቱ ታውቋል፡፡<\/p>\n

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