Abstract:
Torture is one of the worst scourges known to humankind. It is a problem in all regions of the
world and affects all kinds of persons. Despite the prevalence, currently torture is considered as
hostis humani generis- an enemy of all mankind. Thus the practice of torture has existed through
all periods of history and is not confined to any single political system, regime, culture, religion
or geographical location.
The aim of this study is to analyze the nature and scope of torture in Ethiopian in light with
international laws, particularly the UN Convention against Torture and Covenant on Civil and
Political rights to which Ethiopia is member party and thereby bear obligation to implement the
conventions in the domestic arena. Thus, the study asses the criminalization and prosecution of
torture in Ethiopia in relation to international laws and practice.
The study employs qualitative research method in which authoritative sources are established
both from primary and secondary sources. The study used international law and jurisprudences,
and domestic laws, and moot and pending domestic cases as a primary source. Authoritative
books, journals and reliable web-sites were consulted as secondary sources.
Even if the international laws to which Ethiopia is a party prohibit torture absolutely and ban
application of amnesty, pardon, immunity and statute limitation, the Ethiopian laws allowed
these to be applicable to torturous acts. This mainly because there is no law that separately
criminalizes torture and those laws regulating amnesty, pardon, immunity and statute of
limitation do not exclude torture from their application. Besides, the elements of torture under
Ethiopia law and practice are not in conformity with international laws.
Therefore, the research come up with the conclusion that the law and practice of criminalization
and prosecution of acts constituting torture in Ethiopia are not in compliance with the obligation
of the country under international laws to criminalize and prosecute torture, particularly under
UNCAT and ICCPR. Based on the findings appropriate recommendations are provided.
