22 | P age b 2.4. The Crime of Torture and the Legal Framework in Ethiopia This subsection provides laws prohibiting torture since legal modernization takes place in Ethiopia-1930s. It provides guarantee of the rights under the basic law and other subsidiary laws as well as criminalization of torture in the three regimes criminal laws since 1930 penal code. Nevertheless the discussion presented in two parts. The date of accession to the UNCAT by Ethiopia is taken as a demarcation for separating the two parts. Accordingly the first part discuss pre 1994 laws that prohibits torture which includes the 1931 Imperial Constitution, the Revise Constitution of 1955, PDRE Constitution of the Derg rgime and 1994 FDRE constitution. Subsidiary laws the penal code of 1930, 1957, and special penal code of 1981 are discussed briefly. Part two provides the international laws to which Ethiopia is a party and Criminal Code of 2004. 2.4.1. Pre 1994 Ethiopian laws and the Proscription of Torture It was in the s that Ethiopia started modernizing her legal system regarding codification of laws and it was during this time that Ethiopia had the first written Constitution. 92 The 1931 Constitution simply strengthen the prerogative authority of the emperor in all respect, while guaranteeing some sorts of human rights under its chapter three. 93 Nevertheless, Among the 55 provisions of the Constitution none of them recognize the most important rights like right to life and right to free from subject to torture. Due to the political crisis internally and external factors like international influence, and the reunification of Ethiopia and Eretria inform of confederation forced the imperial regime to revise its Constitution. 94 The Revised Constitution of 1955 includes about 29 provisions under Chapter Three which deals with human rights and some of the provisions as direct (verbatim) H. Bereket, Constitutional Development in Ethiopia (1966) 10(2) Journal of African Law 74. Ethiopian Constitution of 1931, Established in the reign of His Majesty Haile Sellassie I, 16th July 1931, Chapter Three, Art. 18-29. freedom from illegal arrest, sentence and punishment, freedom of movement, right to be tried by a legally established rights, right to privacy, freedom of expression and property right. H. Bereket, note 92, 81-82.
