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P age b
At national level Federal Democratic Republic of Ethiopian (FDRE) Constitution prohibits cruel, degrading and other forms of inhuman treatment or punishment.
29
Although the Constitution does not explicitly use the term torture in its formulation, the government of Ethiopia stated, under the periodic report it submitted to human rights committee, that there could be no doubt that the practice is altogether banned torture within the extended meaning of the broad prohibition of cruel or inhumane and degrading treatment or acts‟.
30
In addition, the constitution also places torture on the list of crimes against humanity whose prosecution cannot be barred by a statute of limitation and whose penalties cannot be commuted either by pardon or amnesty by any state organ, including the legislature.
31
In addition, Ethiopia is party to different international human rights and other international laws against torture. Ethiopia becomes party to the UNCAT and ICCPR.
32
Even if these conventions have not yet reproduced in the Federal Negarite Gazette, as per article 9/4 of the FDRE Constitution, they become the integral part of law of the land upon ratification. Thus, Ethiopia bears obligation to criminalize and punish or prosecute violation of right not to be subject to torture as serious crime under its domestic legal system. Currently, the national criminal law criminalized torture as war crimes and as use of improper method. The criminal code provisions proscribed torture a follow Art. 270 War Crimes against Civilian Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rule public international law and of international humanitarian conventions a)
killings, torture or inhuman treatment, including biological experiments, or any other acts involving dire suffering or bodily- harm, or injury to mental or physical health is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death Constitution of the Federal Democratic Republic of Ethiopia, Federal Negarit Gazeta, st year No, st August, hereinafter FDRE constitution) Arts 30
HRC, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, First Periodic Report of States Parties Ethiopia, CCPR/C/ETH/1, July, Paras 44-51.
31
FDRE constitution, Art. 28/1. Ethiopia ratify/acceded to ICCPR on June 1993 and to UNCAT on 14 March 1994. The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004 (Hereinafter CC, Art 270-72 and 424. See also Art. 270 (a) (Emphasis added CC Art. 217 (1) (a) and 271 (a) also prohibit
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