A/HRC/28/68/Add.1
179. The Special Rapporteur regrets that the Government of Ethiopia has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
180. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Ethiopia, by failing to prevent incommunicado detention and
protect the physical and psychological integrity of Mss. Mahlet Fantahun and Edom
Kasaye, and Messrs. Befeqadu Hailu, Atenaf Berahane, Zelalem Kibret, Natnael Feleke,
Abel Wabela, Tesfalem Waldyes and Asmamaw Giorigis, has violated their right to be free
from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of
the CAT.
(c)
JUA 22/05/2014 Case No. ETH 5/2014 State Reply: None to date Allegations concerning
the violent handling of peaceful protests in opposition to the “Integrated Development
Master Plan” in the regional state of Oromia, and mass arrests and arbitrary
detentions of peaceful protestors and bystanders.
181. The Special Rapporteur regrets that the Government of Ethiopia has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
182. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Ethiopia, by failing to protect the physical and psychological
integrity of the protesters up to and during detention, and ensure adequate detention
conditions, including refraining from incommunicado detention, has violated their right to
be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and
16 of the CAT.
(d)
JUA 11/07/2014 Case No. ETH 6/2014 State Reply: 11/11/2014 Allegations of arbitrary
detention, torture, ill-treatment and unfair trial of Mr. Ali Adorus, a British citizen.
183. The Special Rapporteur thanks the Government of Ethiopia for its reply, dated 11
November 2014, to the present communication.
184. The Rapporteur takes note of the information provided by the Government that Mr.
Ali Adorus’ case is up for decision.
185. The Rapporteur finds that the Government, in its reply, does not sufficiently address
the concerns raised in the initial communication, thereby failing fully and expeditiously to
cooperate with the mandate issued by the Human Rights Council in its resolution 25/13.
The State similarly fails to comply with its obligation, under international customary law, to
investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading
treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
Specifically, no information is provided about Mr. Ali Adorus’ detention conditions before
his transfer to Kaliti Prison, including the allegations that he was subjected to torture and
ill-treatment. Additionally, sufficient information was not provided concerning the
substance of materials used against Mr. Ali Adorus at trial, such as the alleged forced
confession.
31
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