65 | P age b of improper method is committed by torture (1) there must be act, (2) intention, (3) prohibited purpose and (4) status of perpetrator. Regarding the first element torture can be committed both by commission or omission as per article 23 of CC. Torture is also can be physical or mental as per article 424 (1) of CC. However, the CC did not provide any threshold (severity) to distinguish what make different torture with other acts like cruelty. Concerning the second element the code impliedly require the torture to be committed intentionally. Regarding the third element, the CC under its article 424 (1) provides lists of purpose to be achieved by using improper investigation methods such as obtain a statement or a confession, or to any other similar end, or…to makes him give a testimony in afavorable manner Even if the lists are not exhaustive, they do not lead to the conclusion that purpose of discrimination on any ground, punishment for an act he or third person has committed or is suspected of having committed can be included. Whereas the researcher appreciates the CC for introducing additional purpose to makes him give a testimony in a favorable manner. Lastly, in Ethiopia, the CC under article 424 (1) limits the commission of torture by only public servant as use of improper method and exclude torture by private actors. Even state officials who do not have the power to arrest, custody, supervision, escort or interrogation of a person are not liable under article 424. Rather as the practice of the prosecution shows they have been and are being prosecuted under provision governing corruption (abuse of power) and grave willful injury as per article 407 and 555 of the CC respectively. Therefore, the law and practice in Ethiopia regarding criminalization and prosecution of torture is not in compliance with her duty to prohibit torture absolutely, criminalize torture as a separate offence and to hold persons criminally liable for committing acts amounting torture under international laws.
