CAT/C/ETH/CO/1
The State party should take the necessary measures to ensure the full
independence and impartiality of the judiciary in the performance of its duties
in conformity with international standards, notably the Basic Principles on the
Independence of the Judiciary. In this respect, the State party should ensure
that the judiciary is free from any interference, in particular from the executive
branch, in law and in practice. The State party should promptly and
impartially investigate and prosecute cases where judges were harassed,
intimidated or unfairly dismissed, take effective measures, including training
on the State party’s obligations under the Convention, to strengthen the role of
judges and prosecutors with regard to the initiation of investigation and
prosecution of cases of torture and ill-treatment and the legality of detention,
and encourage judges and prosecutors to observe fair trial guarantees, in
accordance with relevant international standards, including in political cases.
23.
The Committee notes with concern that the jurisdiction of Sharia and customary law
courts in family law matters, although subject to the consent of both parties, may expose
women victims of domestic or sexual violence to undue pressure by their husbands,
families and to have their case adjudicated by customary or religious rather than by
ordinary courts (arts. 2 and 13).
The State party should provide for effective procedural safeguards to ensure
the free consent of parties, in particular women, to have their case adjudicated
by Sharia or customary courts, and ensure that all decisions taken by those
courts can be appealed to higher courts (courts of appeal and Supreme Court).
Imposition of the death penalty
24.
While noting the information provided by the State party concerning the de facto
non-application of the death penalty and the “extreme reluctance” of the courts to impose
such penalty and “only in cases of grave crimes and on exceptionally dangerous criminals
… as a punishment for completed crimes and in the absence of extenuating circumstances”
(see common core document (HRI/CORE/ETH/2008), paras. 86 and 87), the Committee
notes with concern reports about the recent increase in death sentences. In this regard, it
refers to the so-called “Ginbot 7” case where the Federal High Court sentenced to death
five officials of the former opposition party Coalition for Unity and Democracy, four of
them (Andargachew Tsigie, Berhanu Nega, Mesfin Aman and Muluneh Iyoel Fage) in
absentia and one (Melaku Teffera Tilahun) in his presence, after allegedly having subjected
him to torture, for “conspiring to undermine the constitution and violently overthrow the
government”. The Committee stresses that the conditions of detention of convicted
prisoners on death row may amount to cruel, inhuman or degrading treatment, in particular
owing to the excessive length of time on death row (arts. 2 and 16).
The Committee recommends that the State party consider ratifying the Second
Optional Protocol to the International Covenant on Civil and Political Rights
on the abolition of the death penalty. The Committee also recommends that the
State party consider extending its de facto moratorium on the execution of the
death penalty and commuting death sentences for prisoners on death row. The
State party should ensure that all persons on death row are afforded the
protection provided by the Convention and are treated humanely. The
Committee requests the State party to indicate the current number of persons
on death row, disaggregated by sex, age, ethnicity and offence.
National human rights institution
25.
The Committee notes with interest the information provided by the State party
concerning the mandate of the Ethiopian Human Rights Commission (EHRC) to undertake
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