45 | P age b
CHAPTER FOUR THE SCOPE OF TORTURE UNDER ETHIOPIAN LAW AND PRACTICE IN LIGHT WITH INTERNATIONAL LAW 4.1. Introduction Under this chapter what constitute torture and when did we say that torture is committed is discussed in detail. Generally it has been agreed that torture has four essential elements;
sever pain (mental or physical) through action or omission, purpose, status of perpetrator and the subjective element (intention. The UNCAT define torture under its article 1 (1) as follow For
the purpose of this Convention, the term torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public officials or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanction. The New Criminal Code criminalized acts of torture as crimes of use of improper method. Article 424 provides that Any public servant
charged with the arrest, custody, supervision, escort or interrogation of a person who is under suspicion, under arrest, summoned to appear
before a court of justice, detained or serving sentence, who, in the performance of his duties, improperly induces or gives a promise, threatens or treats the person concerned in
an improper or brutal manner, or in a manner which is incompatible with human dignity or his office, especially by the use of blows, cruelty or physical or mental torture, be it to obtain
a statement or a confession, or to any other similar end, or to makes him give a testimony in a favorable manner is punishable with simple imprisonment or fine, or in serious cases, with rigorous imprisonment not exceeding ten years and fine.
