A/66/44
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
visits to places of deprivation of liberty and to examine complaints about alleged violations
of human rights, including those protected by the Convention. The Committee notes the
lack of follow-up on the suggestions and recommendations made by EHRC in its
Correctional Facilities Monitoring Visit Report and the limited powers of EHRC to initiate
prosecutions in cases where torture or ill-treatment is found to have occurred (arts. 2, 12, 13
and 16).
The State party should strengthen the role and mandate of the Ethiopian Human
Rights Commission (EHRC) to undertake regular and unannounced visits to places of
deprivation of liberty and to issue independent findings and recommendations on such
visits. It should also give due weight to the conclusions of EHRC on individual
complaints, including by communicating such conclusions to the public prosecutor’s
office in cases where torture or ill-treatment is found to have occurred. The State
party is requested to provide information, including statistical data, on the complaints
examined by EHRC in relation to alleged torture and other cruel, inhuman or
degrading treatment or punishment, and to indicate whether any such cases have been
submitted to the competent authorities for prosecution. Furthermore, the State party
should intensify its efforts to ensure that EHRC is in full compliance with the
principles relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles).
Conditions of detention
(26) The Committee notes the State party’s efforts to reflect the Standard Minimum
Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners,
the Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment and the Code of Conduct for Law Enforcement Officials in its legislation and
administrative regulations for the treatment of prisoners and detainees (see State party
report, paras. 54–55). However, the Committee remains seriously concerned about
consistent reports of overcrowding, poor hygienic and sanitary conditions, lack of sleeping
space, food and water, the absence of adequate health care, including for pregnant women
and HIV/AIDS and tuberculosis patients, the absence of specialized facilities for prisoners
and detainees with disabilities, co-detention of juveniles with adults, and inadequate
protection of juvenile prisoners and children detained with their mothers from violence in
prisons and places of detention in the State party (arts. 11 and 16).
The State party should take urgent measures to bring the conditions of detention in
police stations, prisons and other places of detention into line with the Standard
GE.11-45568
49
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