A/66/44
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 (arts. 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
warrant and the lack of judicial oversight on the legality of detention can facilitate torture
and ill-treatment (arts. 2 and 11).
The State party should take effective steps to investigate promptly and impartially all
allegations of involvement of members of security forces and ENDF in extrajudicial
killings and other serious human rights violations in different parts of the country, in
particular in the Somali, Oromiya and Gambella Regional States.
The State party should take all necessary measures to counter enforced
disappearances and the practice of mass arrest without a warrant and arbitrary
detention without charges and judicial process. The State party should take all
appropriate steps to ensure the application of relevant legislation, to reduce further
the duration of detention before charges are brought. The State party is requested to
provide detailed information on any investigations, and on their outcome, into
reported cases of disappearances.
Rape and other forms of sexual violence in the context of armed conflict
(16) The Committee is concerned about reports of rape and other forms of sexual
violence against women and girls allegedly committed by members of the security forces
and ENDF in the context of armed conflict, in particular in the Somali Regional State (arts.
2, 12, 13 and 14).
The Committee calls on the State party to investigate, prosecute and punish members
of the security forces and ENDF responsible for rape and other forms of sexual
GE.11-45568
45
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents