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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P age b

1.4.2.

Specific Objectives
The specific objectives of this research are To determine whether the Ethiopia law criminalizes torture absolutely and allows no justification. To examine whether acts constituting torture in Ethiopia are excluded from the application of laws regulating amnesty, pardon, immunity and statute of limitation. To compare the scope/elements of torture under the Ethiopian law and international law. To assess whether the prosecution of acts constituting torture in Ethiopia is in light with the scope of torture under international law.
1.5.

Method of the Study
There are extensive literatures and jurisprudences on the issue on which the study use to conceptualize the nature and scope of torture under international laws. There is, however, a paucity of domestic literatures on the topic. Since the focal point of the thesis is to evaluate the compatibility of domestic criminalization and prosecution of torture in Ethiopia with that of the nature and scope of torture under international laws, a comparative modus operandi will be implemented. Comparing the nature and scope of torture under international laws and national laws can lead to new insights and a deeper understanding of the issue. Comparison may also help to sharpen the focus of the analysis of the subject matter under the study by suggesting new perspectives.
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Accordingly the paper, first, analyzed Ethiopian criminal law provisions dealing with torture and practice of the prosecution and then compare with the international laws, general comments, jurisprudence of international human rights bodies regarding the nature and scope of torture under international human rights laws. Thus this thesis employs qualitative research method in that authorities are established from both primary and secondary sources of information. International instruments prohibiting torture, general comments and jurisprudences of human right bodies and other international H. Linda, International Comparative Research Theory, Methods and Practice (Palgrave: Macmillan Basingstoke
2009) 10.



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