Jimma university college of law and governance school of law



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SCHOOL OF LAW A THESIS SUBMITTED IN THE
Chapter 5 Contract law 2, CHALLENGES OF CASE MANAGEMENT IN SOMALILAND HIGH COURT
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P age b

inserting heavy objects into a woman‟s uterus and forcing a victim with wounded feet to walk on gravel.
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As per the witness and the Court this torturous acts were conducted as investigation method to extract information about anti-revolutionaries and confession of victim as member of Eritrea Liberal Front (ELF, Tigiray People Liberal Front (TPLF), Oromo Liberal Front (OLF),
MEISON, EPRP, or commission of certain acts against the regime.
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The court found the defendants guilty of genocide and grave willful injury. In the descending opinion by Judge Nuru
Seid, the defendants are responsible for Aggravated Homicide and Grave Willful Injury, mainly because the law governing Genocide in the Penal Code has already repealed impliedly by the then laws.
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Even if the defendants appealed against high court verdict and sentence, regarding the verdict the Supreme Court reaffirm the Higher Court verdict.
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Coming to the other major case the case between SPO v. Shaleka Melaku Tefera
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,
the
SPO charged the accused with total of 86 people for serious injury to physical and mental healthy as genocide under Article a and alternatively Grave Willful Injury under article ac of the penal code of 1957. The indictment, like that of the above case, simply mentioned that the accused committed the crime of genocide or grave willful injury against 86 people by using different methods of torture for they are member of ELT, TPLF, OLF, MEISON, EPRP and generally as anti-revolutionary in place provided by the accused as investigation places. According to the High Court and evidence of the SPO the bodily injury or harm were sustained by the victims due to different methods of torture employed against them for the extraction of confession or information about the anti-revolutionaries movement. Based on this information the accused determine what to be done against the victims. Among the methods of torture employed against the victim were whipping with an electric cable or leather whip after binding the victims legs and hands and stuffing objects with blood into their mouths whipping while the victim is suspended upside down keeping abound victim suspended
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Dem Yazele Dossie‟ (Special Prosecutors Office, Final Report, 2010), 272–279. ibid see also Special Prosecutor v. Colonel Mengistu Haile, note 201, 16-21.
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SPO v Colonel Mengistu Hailemariam et al., note 201, 745-746.
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SP0 v Respondents (Colonel Mengistu Hailemariam et al.) (Judgment of Appeal, May 2008) Federal Supreme Court, File No. 3018126.
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SPO v Shaleka Melaku Tefera (Judgment of Dec. 2005) Federal High Court, File No. 03112.



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