64 | P age b In addition, it is generally agreed that torture has four elements (1) nature of the act severe pain/suffering), (2) intention, (3) prohibited Purpose and (4) status of perpetrator. This elements of torture is found under the definition of torture provided by UNCAT. However, the definition under UNCAT is not representatives of definition of torture under customary international law, rather limited to the purpose of the convention. Besides, UNCAT itself does not prohibit extended definition by international or national laws. Even if all international bodies agreed on the first three elements, the ICCPR committee and ICTY extended the scope of elements of perpetrator to non-state actors including individuals which were limited to state officials under UNCAT. As member of ICCPR and UNCAT Ethiopia is under obligation to prohibit torture absolutely and criminalize as well as prosecute torture in compliance with these conventions. Based on this the FDRE Constitution guarantee the right against torture under article 18 and ensure it is non-derogablity during state of emergency as well as put no limitation grounds. However, subsidiary law (the criminal code of 2004) that enforces the general provisions of the Constitution does not criminalize torture as a separate offence rather it subsumed torture as war crimes and crimes of use of improper method. The practice show that, due to this, acts constituting torture under international laws have been and are being prosecuted as crimes of abuse of power, grave willful injury and use of improper method. Besides, existing laws that governs the grant of amnesty, pardon and provision of statute of limitation do not exclude torture from their application, but the constitution does. Due to lack of separate provision under the CC the constitutional prohibition is not effective. Therefore, torture is subject to amnesty, pardon and statute of limitation in Ethiopia. The country has no law that comprehensively regulates issues of immunity of foreigners and domestic state officials in general and relating to crimes of torture in particular. The practice with regard to foreign state officials and diplomats show that Ethiopia strictly adheres to the immunity protection. Nonetheless, national state officials are immune from prosecution for torture until their immunity stripped away by HPR. The criminal code does not provide definition for torture, but elements of torture can be inferred as it criminalize torture as underline offence under crimes of use of improper method. To say use
