The Criminalization And Prosecution Of Torture In Ethiopia: Analysis Of Its Nature And Scope In Light With International Law

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.