31 |
P age b
emergency occurred.
144
While limitation is a permanent restriction, derogation suspends individuals from exercising their right until the cause for the suspension ceases to exist. Both must be done bylaw, although derogation requires an enactment of martial or emergency law.
145
The FDRE Constitution provides provision that recognizes the situations that may suffice to suspend or derogate rights ensured under chapter three. Accordingly, when there is external invasion, a breakdown of law and other order which endangers the constitutional order, natural disaster or an epidemic occur the council of ministers may enacts a decree to suspend rights contained in chapter three.
146
However, it provides that the rights provided under article 18, 25 and 39 (1-2) shall not be suspended under any circumstance.
147
Therefore, the rights ensured under article 18 (right not to be subject to inhuman treatment or punishment, including torture) are non-derogable in any circumstance even during state of emergency. The prohibition of torture under article 18 (1) of the FDRE Constitution provides no specific limitation clause. In addition to this, the constitution does not have a general limitation clause, like other countries constitution and international instruments do.
148
Thus it can be concluded that prohibition of ill-treatments including torture under article 18 of the constitution is not subject to limitation on the basis of any legal or factual grounds.
Across the spectrum of international human rights treaties, both general and specific, the prohibition of torture is framed as an absolute right which permits of no limitations and derogation even instates of emergency. Article 7 of the ICCPR is assured without any restriction or limitation whatsoever. In addition, under Article 4 of the Civil and political Rights Covenant, Article 7 specified as a non-derogable right. Besides, in its GC No 20, the HRC also declared the absolute and non-derogable status of the prohibition The text of article 7 allows of no limitation The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force. AK. Abebe, note 143, 60-62 ibid.
146
FDRE constitution, Art. 93 (1-4). ibid Art. 93 (4) (c. AK. Abebe, note 143, ibid.
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