26 | P age b of the Constitution Drafting Commission can also be inferred from article 93 of the constitution which make the nomenclature of state non-derogable. Due to this someone may argue that torture is not prohibited under the Constitution of Ethiopia. But, as Abebe rightly observed the provision should be interpreted constructively than in a manner that destructs its meaning and purpose. 114 He argued that Logically speaking, if the Constitution prohibits inhuman and cruel treatment, for the stronger reason it must prohibit torture as well. Therefore, the interpretation that must be applied for the case of Article 18 is liberal and constructive interpretation in which torture must be considered as one form of inhuman treatment. That is also the way of interpretation supported by the combined reading of article 9(4) and article 13(2) of the same Constitution. 115 He also argued that article 19 (5) which prohibit coercion of suspects for extracting confession and article 28 of the Constitution which makes torture as crimes against humanity also shows that the Constitution prohibit torture thereby article 18 do so. 116 The writer of this paper also agrees with such kind of interpretation of Article 18 of the Constitution. Because, in addition the argument forwarded by Abebe, the government of Ethiopia also follow this approach in interpreting the article before the Human rights Committee in making the initial Periodic report in Besides, the provisions of Chapter Three of the Constitution are to be interpreted in accordance with international human rights instruments to which Ethiopia is a party. 118 Accordingly, ICCPR and other instruments prohibit torture in addition to cruel, inhuman or degrading treatments mostly in single provision and in similar manner. 119 Therefore, article 18 should be understood as it incorporate and prohibit torture. There also other subsidiary laws that prohibit torture in Ethiopia. The FDRE Criminal Code of 2004 (CC, which has repealed Penal Code of 1957, criminalized torture in a similar manner with the Penal Code it repealed. 120 Of course the main reasons for the amendment of the Penal Code of 1957 were not specifically to deal with criminalization of torture, although the T. Abebe, note 44, 90-91. ibid. ibid. 117 HRC, First initial periodic report of Ethiopia, note 30, ibid. 118 FDRE constitution, Art. 13(2). 119 ICCPR, Art. 7; ACHPR, Art 5. CC, Art. 270-72 and 424. The provision changes only in the number of the articles regarding Torture as offence of within the context of war crimes. In other words this Code does not bring any substantial changes regarding torture committed during an armed conflict.
