CAT/C/ETH/CO/1
circumvention by private militia groups of legal safeguards and remedies
against torture and cruel, inhuman or degrading treatment or punishment.
Fundamental legal safeguards
12.
The Committee is seriously concerned about information on the State party’s failure
in practice to afford all detainees with all fundamental legal safeguards from the very outset
of their detention. Such safeguards comprise the right of detainees: to be informed of the
reasons for their arrest, including of any charges against them; to have prompt access to a
lawyer and, when needed, legal aid and an independent medical examination, if possible by
a doctor of their choice; to notify a relative; to be brought promptly before a judge; and to
have the lawfulness of their detention reviewed by a court, in accordance with international
standards. In this respect, the Committee is concerned that, under article 19 (3) of the State
party’s Constitution, the maximum period of 48 hours within which anyone arrested or
detained on a criminal charge must be brought before a judge “shall not include a
reasonable time taken in the journey to a court of law” and that, under article 59 (3) of the
Criminal Procedure Code, remand in custody may be repeatedly prolonged for periods of
14 days each time. The Committee also notes with concern reports about the inadequacy of
legal aid services provided by the Public Defenders Office and about frequent noncompliance by police officers with court orders to release suspects on bail (arts. 2, 12, 13,
15 and 16).
The State party should take prompt and effective measures to ensure that all
detainees are, in practice, afforded all fundamental legal safeguards from the
very outset of their detention. These include, in particular, the rights of
detainees: to be informed of the reasons for their arrest, including of any
charges against them; to have prompt access to a lawyer and, when needed,
legal aid and an independent medical examination, if possible by a doctor of
their choice; to notify a relative; to be brought promptly before a judge; and to
have the lawfulness of their detention reviewed by a court, in accordance with
international standards. The State party should also consider amending article
19 (3) of its Constitution and article 59 (3) of its Criminal Procedure Code, with
a view to ensuring that anyone arrested or detained on a criminal charge is
brought promptly before a judge and preventing prolonged remand in custody,
respectively.
The Committee recommends that the State party provide mandatory training
to police officers on the rights of detainees, ensure that court orders to release
suspects on bail are strictly enforced, and strengthen the capacity of the Public
Defenders Office to provide legal aid services, as well as the quality of such
services.
Monitoring and inspection of places of deprivation of liberty
13.
The Committee notes the information provided by the State party that regular
inspections and evaluations of detention and prison facilities and other places of deprivation
of liberty are conducted by the prison management and Parliamentarians, as well as by the
Ethiopian Human Rights Commission and non-governmental organizations (NGOs) such as
“Justice For All – Prison Fellowship Ethiopia”. However, the Committee is concerned
about the lack of implementation of the recommendations contained in the 2008
Correctional Facilities Monitoring Visit Report of the Ethiopian Human Rights
Commission, and notes the lack of information about any unannounced visits to places of
deprivation of liberty by independent mechanisms. The Committee is seriously concerned
that, contrary to the information provided in the State party’s report (paras. 21 and 56), the
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