A/66/44
violence in the context of armed conflict. The State party should take immediate steps
to adequately compensate and rehabilitate the victims of such violence.
Investigations
(17) Notwithstanding the explanations provided by the State party during the dialogue,
the Committee continues to be concerned at numerous and consistent reports about:
(a)
The lack of a full investigation of the arrest of 3,000 students at Addis Ababa
University in April 2001, many of whom were reportedly ill-treated at the Sendafa police
camp;
(b)
The prosecution and sentencing of only a small number of low-ranking army
officials involved in the killings and torture, including rape, of hundreds of Anuak in
Gambella town in December 2003 and the State party’s failure to investigate the
subsequent killings, torture and rape of Anuak in the Gambella Regional State in 2004;
(c)
The absence of an independent and impartial investigation of, and the lack of
prosecutions and sentences for, the use of lethal force by members of the security forces
during the post-election riots in 2005, when 193 civilians and 6 police officers were killed;
and
(d)
The lack of an independent and impartial investigation into the extrajudicial
killings, torture, including rape, other forms of sexual violence, as well as arbitrary arrests
by ENDF during its counter-insurgency campaign against ONLF in the Somali Regional
State in 2007 (arts. 12 and 14).
The State party should urgently institute independent and impartial investigations of
the above incidents in order to bring the perpetrators of violations of the Convention
to justice. The Committee recommends that such 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 (arts. 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
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GE.11-45568
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