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P age b
individuals are not subject to international human rights law and accountable for its violation before human rights bodies, but states. In kvocka, an ICTY trial chamber explained that the state actor requirement imposed by international human rights law is inconsistent with the application of individual criminal responsibility for international crimes found in international humanitarian law and international criminal law
‟.
247
Finally, in trial chamber, it stated that torture can be committed without the involvement of state officials with same degree of severity, with same intention and for similar purposes.
248
4.6.
The Practice of Prosecuting Torture in Ethiopia
4.6.1.
The Red-Terror Cases
After two years from the overthrow of the imperial regime and the Derge come to power there was political and human rights crisis in Ethiopia following the assassination of Derge and
All-Ethiopian Socialist Movement (MEISON) officials by the Ethiopian Peoples Revolutionary Party (EPRP
) what the government called “White-Terror.”
249
In return to the white terror by opposition parties (anti-revolutionaries) against the Derge, in particular following the assassination of General Teferi Banti and the coming into power of Colonel Mengistu
H/Mariam, Derge publicly announced the Red-Terror campaign in During the red-terror thousands of persons were arrested, tortured, and summarily executed, many of by local kebele officials.
251
After the fall of the Derge regime on 8 may, 1991 the upcoming regime, Ethiopian people democratic revolutionary front (EPDRF) had detained most of former state officials. In 1992 the transitional government of Ethiopia established the Special Prosecutor Office (SPO) for the investigation and prosecution of the crimes committed in between 1974-1991.
252 247
Kvocka, note 89, ibid.
248
Kuranac, note 89, Para 493. Human Rights Watch/Africa, Ethiopia: Reckoning Under the Law, Nov, 1994, Vol. 6, No. 11, 1-6; see also AG. Alemu, Apology and Trial The Case of the Red-Terror Trial in Ethiopia (2006) 6(1) AHRLJ 64. ibid 64-5. ibid 68-70. Proclamation for the establishment of the Special Prosecutors Office, Proclamation No. 22/1992, Negarit
Gazetta, No. 18.1992, Art. 6.
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