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P age b
commissioners), Investigators of human rights commission etc are entitled to immunity. However, there is no a rule governing a limitation on or exception of such immunity. Nevertheless, unlike diplomats and consular, their immunity is not absolute. Rather the Parliament in case of its appointees and the high officials in case of professionals will remove the immunity upon request by General Attorney in case of criminal proceedings against the immune.
The practice shows that former head of state maybe held criminally liable for his acts. In the case of Mengistu Haile-mariam, who was the head of state during the Derge regime, the Federal Higher Court held that Ethiopia ratified Convention against Genocide and the Convention does not allow immunity for state officials in its article 4, thus it is inconsistence with international law to immune the accused from criminal prosecution.
201
Former head of government, Prime Minister Tamirat Laine, was subject to criminal prosecution for the commission of crime of corruption. However, his immunity was stripped by the parliament, but not automatically bylaw. Recently HPR stripped the immunity of Finance Minister, Mr.
Alemayehu Gujo, for the alleged crime of corruption.
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Immunity of government officials do not nude automatically, rather it should pass through a parliamentary process. In this regard, in its jurisprudence, CAT has argued against immunity for former heads of state stating that in the Committees view, that paragraph (article 5/2) conferred on states parties universal jurisdiction over torturers present in their territory, whether former heads of state or not, in cases where it was unable or unwilling to extradite them‟.
203
Foreign state officials, therefore, are immune from Prosecution by Ethiopian court when they found committing crimes. National state officials like members of HPR and HOF, Ministers and Parliament appointee and some Professionals are immune from Prosecution until the concerned body strips the immunity- there is no automatic removal of immunity.
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Special Prosecutor v. Colonel Mengistu Haile- Maria et al
(Ruling on Preliminary Objection of September 1994) Federal High Court, File No. 1/87, 16-21; see also AG. Al emu, The Anatomy of Special Prosecutor v. Colonel
Mengistu Hailemariam et al. (1994-
2008)‟ (2009) 4 (1&2) International Journal Ethiopian Studies 1.
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<
https://www.ezega.com/News/NewsDetails/4495/Ethiopian-State-Minister-in-Custody-After-Parliament-Strips-
Immunity
> (accessed on 5 June 2019). CAT, Third periodic report of the United Kingdom of Great Britain and Northern Ireland and dependent territories, CAT/C/SR. 354, 18 November 1998, Para 39.
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