September 25, 2020

Attorney General Gedion Timothewos Hessebon: A technocrat or another instrument for Abiy’s executive branch?

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Since the administration of Dr. Abiy Ahmed came into existence in April 2018, one of its recurrent…

Attorney General Gedion Timothewos Hessebon: A technocrat or another instrument for Abiy’s executive branch?

Since the administration of Dr. Abiy Ahmed came into existence in April 2018, one of its recurrent features is the introduction of youthful technocrats into high profile political positions. Many youthful government officials were subjects of meteoric rises during the current administration, one of which was Dr. Gedion Timothewos Hassebon. The new Attorney General is one of many that are listed to show the tecnocratic appointment of officials in Dr. Abiy's administration. This article seeks to explore this assumption and whether its well founded or not.

According to a copy of the attorney general’s resume located on the website of the Central European University, Dr. Gedion features an extensive academic and professional record. The new AG started his academic journey in Addis Ababa University, receiving his Bachelor in Laws with great distinctions in 2007. He then traveled to Budapest, Hungary joining the Central European University where he received his LLM in Comparative Constitutional Law in 2009. Dr. Gedion also received his summa cum laude (Doctor of Juridical Science in Comparative Constitutional Law) from the same institution in 2014. 

A profile of one of the key actors in the country’s judicial branch on the website of the Central European University reads as follows: 

Gedion Timothewos is a legal scholar whose research focus is on constitutionalism, rule of law, democracy, freedom of expression and religion as well as comparative constitutional law, with an African focus.

The former instructor also features a lengthy academic career. According to the CEU, Dr. Gedion has taught several years at both undergraduate and graduate levels. Some of the institutions he has worked in include Addis Ababa University, Hawassa University, the Civil Service University and the Central European University. It is this background of the new AG that has made him one of the examples of the technocratic appointment of Dr. Abiy Ahmed. 

The appointment of a nuanced legal professional such as Dr. Gedion is imperative to the Ethioipan justice system according to Political Science lecturer Meskerem Abera. The lecturer - who works in Hawassa University - told Addis Zeybe that the judicial branch generally and the AG’s office specifically are crucial to good governance and rule of law in Ethiopia.

“A majority of the country’s population is poor. And the Attorney General is one of the key institutions available in the constitutional system of the country to protect the rights of this community. Therefore guaranteeing the institutional independence and professional competence of the AG and his office is very important.”

said Meskerem explaining the importance of the institution and the personnel leading and working within it.

However, his appointment is not entirely the introduction of a technocrat for Meskerem. The lecturer told Addis Zeybe that she is speculative about considering Dr. Gedion’s appointment as a technocratic one. “Had he been active in the academic world or any other place but politics prior to his appointment, it would have been a technocratic appointment. But he had been working closely with Dr. Abiy for a while before he was given this position.” said Meskerem explaining why she believes the appointment may masquerade as a technocratic appointment but really is not. 

Meskerem believes that because Dr. Abiy worked with Gedion for a long time, the genuinity of the appointment is questionable. In this regard Meskerem told Addis Zeybe that “There is no means of understanding what happened between the time. It is likely that he was appointed because of his loyalty to the Abiy administration.” sharing her observation that the Abiy administration has become increasingly individualistic and built around the prime minister. Meskerem also said “I have had the chance to participate in meetings where the new Attorney General presented papers. His understanding of legal principles is excellent. But my question is on how independent he can really be.”

Amha Mekonen -a human rights lawyer- on the other hand agrees with the appointment of the Attorney General representing a technocratic appointment. “I know Gedion closely. We have worked in several settings together, one of which was in the working group that was tasked with reforming the Anti-Terrorism proclamation. He is a good scholar with nuanced understandings of law and the Ethiopian context.” Amha said reflecting on previous tenures that saw him work with the new AG. 

Amha presents the meeting held a few days prior to the appointment of the Dr. Gedion as one of the evidence for this. Recalling the meeting chaired by the former Attorney General Adanech Abiebie and attended by several high level officials including Commissioner of the Ethiopian Human Rights Commission Dr. Daniel Mekonen Amha said 

“If you recall, one of the concerns showcased at the meeting was the importance of guaranteeing the institutional independence of the Attorney General. People including Dr. Daniel urged then Attorney General, Adanech Abiebie to make this change her legacy. Then a few days later Gedion was appointed. For me that is a big indication.”

His concerns are regarding the controversial high profile cases the institution currently finds itself in. “At the end of the day the prosecutor is evaluated based on the substantive and procedural integrity of prosecutions under him or her term. Gedion must tread carefully in regards to the current high profile political cases in Ethiopia.” said Amha claiming that he believes AG Gedion must carefully evaluate the substantive and procedural integrity of the cases against opposition leaders which he believes has immense local and international audience.

“In most jurisdictions including ours the AG is historically one of the instruments used by the Executive. I think changing that will test Gedion.” said Amha telling Addis Zeybe what challenges he envisages the AG will have. The administration of Abiy Ahmed has recently fallen into this trap too, according to Amha. “Pretrial detention, the lack of observing the decision of the court by the executive, the content of some  of the recent political charges show you that Abiy - forced into it in my opinion - has been using the judicial branch as an instrument.” said Amha explaining his concern surrounding the AG office’s recent challenges under the current administration.

Amha raised the cases of Birtukan Mideksa and Dr. Daniel Mekonen and their introduction into Ethiopian politics as a possible road map for the young AG. “Birtukan did well in negotiating with Abiy before coming to power. She built her staff and that made guaranteeing independence easy.” said Amha claiming that the case of the  Ethiopian Human Rights Commission was different as Dr. Daniel was not originally given this chance. “He must build the institution and make sure it has the right people in it. This might prove hard because he doesn’t have that many connections in the political world. But he needs to do this nonetheless or it will be the same game with a different player.” said Amha offering his advice to the newly confirmed Attorney General. 

Most importantly, however, Dr. Gedion must put forth a clear plan to carry out reform within the institution according to Amha. “I think he should have done this already. But it is still not too late. He should publicly share his priorities and plans of reform within the AG’s office. That drives legitimacy and informs accountability.” said Amha telling Addis Zeybe what he believes is the next step of the new face of the Attorney General’s office.