CAT/C/ETH/CO/1
(d)
Ensuring that sufficient adequate facilities are available for
prisoners and detainees with disabilities;
(e)
Strengthening the judicial supervision of conditions of detention.
Children in detention
27.
The Committee is concerned that, under articles 52, 53 and 56 of the revised
Criminal Code, criminal responsibility starts at the age of 9 years and offenders above the
age of 15 years are subject to the ordinary penalties applicable to adults and can be kept in
custody with adult criminals (arts. 2, 11 and 16).
The State party should raise the minimum age of criminal responsibility
according to international standards and classify persons above 15 and under
18 years of age as “young persons” who are subject to the lighter penalties in
articles 157–168 of the Criminal Code and may not be kept in custody with
adult criminals. It should ensure that its juvenile justice system is in conformity
with international standards such as the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (Beijing Rules).
Corporal punishment of children
28.
The Committee notes with concern that, while corporal punishment is prohibited in
schools, childcare institutions and as a penal or disciplinary sanction in the penal system, it
is not prohibited as a disciplinary measure in the home or alternative care settings for
purposes of “proper upbringing”, under article 576 of the revised Criminal Code (2005) and
article 258 of the revised Family Code (2000) (arts. 2, 10 and 16).
The State party should consider amending its revised Criminal Code and
Family Code, with a view to prohibiting corporal punishment in child-rearing
in the home and alternative care settings and raise public awareness on
positive, participatory and non-violent forms of discipline.
Deaths in custody
29.
The Committee expresses its concern about the markedly high number of deaths in
custody, while taking note of the State party’s explanation that such deaths are caused by
the health condition of detainees rather than by the conditions of detention (arts. 12 and 16).
The State party should promptly, thoroughly and impartially investigate all
incidents of death in custody and, in cases of death resulting from torture, illtreatment or wilful negligence, prosecute those responsible. It should also
provide adequate health care to all persons deprived of their liberty. The State
party should provide the Committee with information on any such cases,
ensure independent forensic examinations and accept their findings as evidence
in criminal and civil proceedings.
Redress, including compensation and rehabilitation
30.
The Committee notes the information on modalities of compensation for victims of
torture and ill-treatment by the State party contained in the State party’s report (para. 60)
and its common core document (paras. 184–186). It nevertheless regrets the lack of
information on civil court decisions awarding compensation to victims of torture and illtreatment, or their families, and the amounts awarded in such cases. The Committee also
regrets the lack of information on treatment and social rehabilitation services and other
forms of assistance, including medical and psychosocial rehabilitation, provided to victims
(art. 14).
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