27 | P age b general rationale provided by the CC provides that the major changes that take place within the last half century recognition by the constitution and international agreements ratified by Ethiopia (…), the democratic rights and freedoms of citizens and residents, human rights ... After all these phenomena have taken place, it would be inappropriate to allow the continuance of the enforcement of the 1957 Penal Code. 121 The CC makes torture punishable under article 270 ff as war crimes and under article 424 as use of improper method (crime against public office, although it does not provides clear definition of the term torture in both cases. 122 The CC widened the provision as compare to the Penal Code. It criminalized inducement or promise made by the public servant in the control of a person. 123 The other change made to the 1957 Penal Code is the structure of the article and punishment. Regarding the structure CC has two sub-articles and the second sub-article provides for the punishment of public officials who order the acts under sub-article With respect to Punishment Penal Code punished torture by fine or simple imprisonment, whereas the CC provides a maximum of rigorous imprisonment not exceeding ten years in aggravated circumstance, fine or simple imprisonment in case of normal circumstance. 125 However, Abebe revealed that the CC does not provide sufficient penalty that takes the gravity of torture into account which is contrary to the UNCAT article Although No international law provide a specific range of penalty for crime of torture jurisprudence of human rights bodies condemned light penalty which do not take the gravity of the crime. 127 Some recommended to making the Penalty within the range of six (6) to twenty (20) years of imprisonment. 128 Further difference which maybe said significant is the addition of the purpose ibid seethe Preface, Para 1 (Emphasis added. Seethe full text of the provisions of Art. 424/1 above in section 1.1. 123 የኢትዩጵያ ፌደራላዊ ዲሞክራሲያዊ ሪፐብሊክ የተሻሻለው የወንደል ህግ ሐተታ ዘምክንያት, 203, available at https://abyssinialaw.com/online-resources/codes-commentaries-and-explanatory-notes accessed on 8 May 2019] ibid. Penal code of 1957, Art. 417; and CC, Art. 424 (1) T. Abebe, note 44, 92. CAT, Concluding Observation on Cambodia, UN doc.CAT/C/CR/31/1, 2004, Para 7. C. Ingelse, The UN Committee against Torture An Assessment (Hague Kluwer Law International 2001) 342.
