CAT/C/ETH/CO/1
International Committee of the Red Cross has no access to ordinary detention centres and
prisons and was expelled from the Somali Regional State in 2007 (arts. 2, 11 and 16).
The Committee calls upon the State party to establish an effective independent
national system to monitor and inspect all places of deprivation of liberty and
to follow-up on the outcome of such systematic monitoring. It should strengthen
the mandate and encourage the Ethiopian Human Rights Commission (EHRC)
to undertake unannounced visits to prisons, police stations and other places of
detention, and implement the recommendations contained in the Commission’s
2008 Correctional Facilities Monitoring Visit Report. The State party should
also strengthen its cooperation with and support to NGOs to enable them to
independently monitor the conditions in places of deprivation of liberty. In
addition, the State party should grant the International Committee of the Red
Cross and other independent international mechanisms access to prisons,
detention centres and any other places where persons are deprived of their
liberty, including in the Somali Regional State.
The State party is requested to include in its next periodic report detailed
information on the place, time and periodicity of visits, including unannounced
visits, to places of deprivation of liberty and on the findings and the follow-up
on the outcome of such visits.
Anti-terrorism measures
14.
The Committee is concerned about provisions of the Anti-terrorism Proclamation
No. 652/2009 which unduly restrict legal safeguards against torture and ill-treatment for
persons suspected or charged with a terrorist or related crime, in particular:
(a)
The broad definitions of incitement to terrorism and of terrorist acts and
related crimes (articles 2 to 7 of the Proclamation);
(b) The broad powers of the police to arrest suspects without a court warrant (art.
19);
(c)
The admissibility in court in terrorism cases of hearsay and indirect evidence
and confessions of suspects of terrorism in writing or in recorded form (art. 23), the
permitted use of anonymous witnesses (art. 32), and other procedural provisions
undermining the rights of defence; and
(d)
The determination of the status of a prisoner, captured by the Defence Forces
during war, as a prisoner of war or other by the Primary Military Court rather than an
ordinary court (art. 31) (arts. 2 and 16).
The State party should ensure respect for fundamental legal safeguards and
take all necessary measures to ensure that the provisions of the Anti-terrorism
Proclamation No. 652/2009 are compatible with the provisions of the
Convention, in particular that no exceptional circumstances whatsoever can be
invoked as a justification for torture.
Extrajudicial killings, enforced disappearances and arbitrary arrests and detention
15.
The Committee is gravely concerned about numerous allegations of extrajudicial
killings by security forces and ENDF, particularly in the Somali, Oromiya and Gambella
Regional States, of civilians alleged to be members of armed insurgent groups. It is also
gravely concerned at reports about high numbers of disappearances, as well as about the
widespread practice of arrests without a warrant and arbitrary and prolonged detention
without charges and judicial process of suspected members or supporters of insurgent
groups and political opposition members. The Committee stresses that arrests without a
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