A/66/44
should receive specific training on how to identify signs of torture and ill-treatment,
including training on the use of the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol), published by the United Nations in 2004. In addition,
the State party should assess the effectiveness and impact of such training/educational
programmes.
Judicial proceedings and independence of the judiciary
(22) While noting that the Constitution provides for an independent judiciary, the
Committee expresses concern about reports on frequent interference by the executive
branch with the judicial process, in particular in criminal proceedings, and reported cases of
harassment, threats, intimidation and dismissal of judges resisting political pressure,
refusing to admit confessions extracted by torture or ill-treatment in court proceedings, and
acquitting or ordering the release of defendants charged with terrorist or State crimes. The
Committee is also concerned at reports about unfair court proceedings in politically
sensitive cases, including violations of the right of defendants to have adequate time for the
preparation of their defence, access to a lawyer and defence witnesses examined under the
same conditions as witnesses of the prosecution, and to appeal their sentence (arts. 2, 12
and 13).
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
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GE.11-45568
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