61 | P age b Seeking their confession, coercing to sign on their statement made by force, other information relating to terrorism and the then terrorist groups, their testimony against their peers, the accused employed different method of investigation which includes torturous acts listed above in the indictment against Getachew Assefa et al. and Officer Gebremariam Weliday et al . The difference between the indictments against Getachew Assefa et al. and these accused is that the latter directly committed the acts and the former order the acts. In addition, the articles used to charge the two are different. The latter accused based on article 424 for crime of use of improper method, whereas the former accused based on article 407 for abusing or exceeding their legal power for the purpose of injuring the rights of another. Besides, the latter accuseds were charged for committing grave willful injury under article 555 in concurrent with article From the above revealed that due to the absence of separate offence of torture the FGA charged act which constitute torture under international law as crimes of grave willful injury, abuse of power (crimes of corruption) and use of improper method (crime against public office. Regarding whether crime of abuse of power under the criminal code and proclamation 881/2015 applied to bring charge for grave violation of human rights in the charge against the high officials of NISS and rehabilitation centers, the researcher thinks that it is open for legal doubt. This is because, first and for most it could be argued that crime of torture or abuse of power under both the criminal code and proclamation No. 881/2015 are for crimes against economic interest or rights. Particularly this is supported by the preamble of the later which states the purpose of the proclamation as It has become necessary to include similar acts committed by the private sector particularly by those who administer funds collected from the public or collected for public purposes in the category of corruption offence 274 271 Commander Alemayehu Hailu et al. (Indictment of 19 March 2019)FGA file No. 175/11, 21-23. ibid 17, 43-46 (64 th charge. ibid, see For instance stand 2 nd charges, 6 th and 7 th charges, 28 th and 29 th charges, 39 th and 40 th charges, and 48 th and 49 th charges. The provision of article 424 (1) allows charging perpetrators with other criminal provisions under its second paragraph. Based on this the FGA indicted the accused with crime of use of improper method in concurrent with grave willful injury. A Proclamation to Provide for the Crimes of Corruption, Proclamation No. 881/2015, Federal Negarit Gazette, Year 21, No. 36, 3 rd April, 2015, Hereinafter corruption crimes proclamation) Preamble, Para 2 (Emphasis added.
