Jimma university college of law and governance school of law



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SCHOOL OF LAW A THESIS SUBMITTED IN THE
Chapter 5 Contract law 2, CHALLENGES OF CASE MANAGEMENT IN SOMALILAND HIGH COURT
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1.2.

Statements of the Problem Individuals are protected absolutely from acts threatening of and encroaching in their human dignity. International and Regional Human Rights Instruments ensure this and impose duty on member state to criminalize and prosecute torture in their domestic legal system. Especially ICCPR and UNCAT obliges member state to criminalize and prosecute violations of prohibition of torture. The Ethiopian criminal code criminalized and subsumed torture as war crime and use of improper method.
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Although the Ethiopian criminal code criminalized acts of torture as use of improper method and violation of international humanitarian law (war crimes, it has been criticized for being narrow in its scope in light with international laws.
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The CAT in considering the report made by the government of Ethiopia comments that the term torture and its notion is note directly incorporated as per the provision of UNCAT.
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Besides, the committee mentioned that the scope of prohibition of torture is not properly addressed by the criminal code.
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However, the committee did not clarify in detail the extent to which the criminal codes torture provision failed to mirror the international definition. In addition, different reports show the prevalence of torture in Ethiopia
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despite the ratification/accession of international human rights laws, particularly ICCPR and UNCAT. Besides, the Medias of Ethiopia reveals the commission of torture by government officials and security personnel before the recent transition.
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Moreover, the government recently admitted that the government has been committing acts of torture against inmates in the prisons CC, Art. 270-272 and 424. CAT, Concluding Observation on Ethiopia, note 34, Para 9. ibid. ibid.
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HRC, Concluding Observation on Ethiopia, CCPR/C/ETH/CO/1, August 2011, Para 16-18; Amnesty international world report and other international reports, note 34.
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Amhara Mass Media documentary film and ETV news, note 35. HE. Dr. Abiy Ahmed said security institutions tortured citizens in order for government to remain in power and committed terrorist acts against its own citizens in the past‟ in a rare and candid admission. Visit
<
https://www.aljazeera.com/news/2018/06/ethiopia-pm-security-agencies-committed-terrorist-acts
180619051321984.html
> (accessed as of 23 May, 2019).



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