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P age b
the revision of the Penal Code of The second Penal Code promulgated on 23 July 1957 and come into force on 5 May 1958 criminalized acts of torture.
103
During this s Ethiopia was a signatory state of UDHR and adopted the Revised Constitution of 1955 which prohibit cruel and inhuman treatment. Besides, the drafter of the Penal Code consulted the then Italian, Greek, Yugoslavia and Swizz Penal Codes.
104
All these reasons seem contributing factor to criminalize torture. The Penal Code criminalized torture as war crime (as fundamental offences against law of nations- international law).
105
In addition, the Code in same Part, Book IV, Title III Offences against Public Office, chapter I also proscribed torture committed by public servants.
106
Article 417 provides that Any public servant charged with the arrest, custody, supervision, escort or interrogation of a person who is under suspicion, under arrest, summoned to appear before a court of justice, detained or interned, who, in the performance of his duties, treats the person concerned in an improper or brutal manner, or in a manner which is incompatible with human dignity or with the dignity of his office, especially by the use of blows, cruelty or physical or mental torture, be it to obtain a statement or a confession, or to any other similar ends (…). The Revised Special Penal Code of 1981 also criminalized use of improper method.
107
The provision of the Code provides Any public servant or official or any elected member of amass organization or a cooperative society or any member of any revolution defense charged with the arrest, custody, supervision, escort or interrogation of a person who is under suspicion, under arrest, summoned to appear before a court of justice, detained or interned, or imprisoned, who in the performance of his duties, treats the person concerned in an improper or brutal manner, or in a manner which is incompatible with human dignity This provision did not mention the term torture unlike the penal code of 1957. Besides, all the Codes did not provide a definition of what torture means. Lastly, ICCPR which prohibit P. Graven, An Introduction to the Ethiopian Criminal Law Article 1-84 Penal Code, (Nairobi Addis Ababa University and Oxford University Press 1965) 1. The Penal Code of the Empire of Ethiopia, Proclamation No. 158/1957, Federal Negarit Gazeta, 16
th year No. 1,
23
rd
July 1957 (entered into force 5
th
May 1958) (Hereinafter Penal code of 1957) Art. 283-291 and 417. P. Graven, note 101, 2. Penal Code of 1957, Art. 283-291. ibid Art. 417. The Revised Special Penal Code, Proclamation No. 214/1981, Negarit Gazeta, No. 2, 5
th
November 1981 entered into force 8
th
Sept. 1981) Art 22.
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