CAT/C/ETH/CO/1
investigations be undertaken by independent experts to examine all
information thoroughly, reach conclusions as to the facts and measures taken
and provide adequate compensation, including the means for as full
rehabilitation as possible, to the victims and their families. The State party is
requested to provide the Committee with detailed information on the outcome
of those investigations in its next periodic report.
Complaint mechanism
18.
Notwithstanding the information provided in the State party’s report on the
possibility for prisoners and detainees to present complaints to the prison administration at
various levels, e.g., by using suggestion boxes, as well as to the courts, the federal crime
investigation department and the Ethiopian Human Rights Commission, the Committee
regrets the lack of a dedicated, independent and effective complaint mechanism for
receiving complaints and conducting prompt and impartial investigations into allegations of
torture, in particular of prisoners and detainees, and for ensuring that those found guilty are
appropriately punished. The Committee also notes the absence of information, including
statistics, on the number of complaints, investigations, prosecutions and sanctions imposed
on perpetrators of torture and ill-treatment, at both the penal and disciplinary levels (art. 2,
12, 13 and 16).
The State party should take urgent and effective measures to establish a
specifically dedicated, independent and effective complaint mechanism to
receive and ensure prompt and impartial investigations into all allegations of
torture and ill-treatment committed by law enforcement, security, military and
prison officials, and to initiate the prosecution of perpetrators. In particular,
such investigations shall not be undertaken by or under the authority of the
police or military, but by an independent body. The State party should ensure
in practice that complainants are protected against any ill-treatment or
intimidation that could arise as a consequence of their complaint or any
evidence given. The Committee requests the State party to clarify whether acts
of torture and ill-treatment are subject to ex officio investigation and
prosecution and to provide information, including statistics, on the number of
complaints filed against public officials on torture and ill-treatment, as well as
information about the results of the proceedings, at both the penal and
disciplinary levels. This information should be disaggregated by sex, age and
ethnicity of the individual bringing the complaints and indicate which authority
undertook the investigation.
Refugees and asylum-seekers
19.
While acknowledging the State party’s generous policy to admit and grant
permission to stay to a significant number of nationals from Eritrea, Somalia and Sudan, the
Committee notes with concern that decisions taken by the National Intelligence and
Security Service (NISS) denying refugee status or ordering deportation can only be
appealed to the Grievance Hearing Committee or the Appeal Hearing Council, respectively,
both of which are composed of representatives of various Government departments. The
Committee also notes with concern that the State party has not acceded to the Convention
relating to the Status of Stateless Persons or to the Convention on the Reduction of
Statelessness (arts. 2, 3, 11 and 16).
The State party should ensure that foreign nationals whose refugee or asylum
applications have been rejected by the National Intelligence and Security
Service (NISS) can appeal such decisions and deportation orders against them
to court. The Committee recommends that the State party consider becoming a
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