62 | P age b This indicates that the criminal code only criminalizes corruption committed by public officials, thus necessary to make corruption crime when it is committed by private sector employees and corruption is related to money or economic interest or rights. It seems that the term rights in article 407 (1) and 9 (1) misconceived by the FGA as including human rights recognized under the FDRE constitution. Such understanding and interpretation of the term is not logical to extend to civil and political rights. Secondly, the above argument is well supported by the second paragraph of the preamble of the proclamation which state Ethiopia ratified international and African anti- corruption conventions. The conventions referred in the preamble define in their respective article 2 and 1 (use of term) the proceed of the crime as any property or any asset obtained by the commission of abuse of power, bribery, embezzlement, illicit enrichment and misappropriation of property. 275 In the above two indictments torturous acts were committed for the purpose of obtaining different kind of information and confession or statement of the victim, not property gain, not even to injury their economic interest or rights. Third, the criminal code and the proclamation did not define what means by rights or injuring right means. Rather the later defines advantage as any interest or rights in money or in another valuable item or property ‟. 276 This mainly signify that corruption crimes is committed to gain or injure economic interest in illegal manner than causing grave violation of civil and political rights like right not to be subject to torture. Furthermore, the crime of corruptions under article 407 is crime committed against the public office not against the person of the victim. In corruption crime committed by public servant or officials the victim are mostly the larger population or the community. It is why the criminal code itself titled the Chapter crimes against the public office or community. In the case at hand the alleged victims are not the community or the state, rather individuals as victim of grave human rights violation. United Nations Convention against Corruption (adopted on 31 October 2003, entered into force on 14 December 2005) 2349 U.N.T.S. 41, Article 2 (e African Union Convention on Preventing and Combating Corruption adopted on 11 July 2003, entered into force 5 August 2006) 43 I.L.M. 5, Article 1, Para 8 (Emphasis added. Corruption crimes proclamation, Art. 2 (13) (Emphasis added.
