43 | P age b 3.3.4. Statute of Limitation The FDRE Constitution under article 28 (1) also provides that statute of limitation does not bar any legal action against crime of torture. So far the knowledge of this researcher is concerned there is also no binding international instruments that explicitly restrict state from providing statute of limitation for torture under their criminal laws, except that of UN Convention 204 which provides the non-applicability of statute of limitation for war crimes and crimes against humanity. In Ethiopia the CC provides an implementing provisions regarding period of limitation under its articles 216 through 222. Article 424 which proscribe torture as use of improper method provide a punishment not exceeding ten years of rigorous imprisonment and fine, and not exceeding 15 years imprisonment and fine when the crime is committed by the order of public officials. 205 The period of limitation under the criminal code calculated starting from the date of the commission of the crimes and determined by taking the maximum penalty provided in the special part which proscribe acts and provided their respective penalties. 206 The rage of ordinary period of limitation under the criminal code is between 3-25 years. According to the criminal code its is 10 years in case of crime of use of improper method and 15 years in case where the crime is committed by order of public officials that bar prosecution. 207 There are some special criminal laws that provide statute of limitation for the crime they proscribe. 208 Although the Constitutional preclusion of application of statute of limitation for torture, it does notwork for the crime titled use of improper method in the CC and no other special law that prohibit the application of period of limitation for crime of use of improper method. Whereas the CAT, in paragraph 5 of GC No. 2, states that amnesty or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability. Furthermore Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity adopted on 26 November 1968, entered into force 11 November 1970) 754 U.N.T.S 73, Art. 1 (a) and (b. CC, Art. 424 (1-2). ibid Art. 219. ibid Art. 217 cumulative with 424. See for instance Proclamation on Anti-Terrorism, Proclamation No. 652/2009, Federal Negarit Gazetta, 15 th years, No. 57, Ar. 24- which provides crime of terrorism cannot be barred by statute of limitation.
