30 | P age b CHAPTER THREE THE ABSOLUTE NATURE OF TORTURE UNDER ETHIOPIAN LAW AND PRACTICE VIS-À-VIS INTERNATIONAL LAW 3.1. Introduction The right to freedom from torture is absolute and non-derogable. 141 While most human rights are subject to limitation bylaw and suspension during emergency, the right against torture is not. As the next sections provides, the violation of right against torture is not tolerable and its prosecution should not be impeded by any legal or factual impediments. This chapter is devoted to discuss the absolute nature of prohibition of torture under Ethiopian and international law and practice. Accordingly, the first section precisely deals with limitation and derogation of rights against torture in Ethiopia law and international law. The next section provides the prohibition of impediments that hinder ensuring criminal liability of torture perpetrators in law and practice of Ethiopian legal system in relation with international law and jurisprudences. 3.2. Justification for Torture Defense of Justifiable Acts Generally limitation refers permanent restriction on the exercise of rights on recognized legal grounds. 142 The law, guaranteeing the rights, shall provide ground of limitation for enjoying rights. Limitations maybe provided in a single provision as general limitation clause or specifically in all provision of guaranteeing the rights. 143 Among the ground of limitation public healthy, public order, national security and right and freedom of other are the main. On the other hand derogation refers to temporary suspension of right bylaw when imminent danger or 141 ICCPR, Art. 4 (1) The Siracusa Principle on the Limitation and Derogation Provision in the International Covenant on Civil and Political Rights, (1985) 7 Hum. Rts Q. 3. See for instance, the UDHR, art. 29 (2); and seethe constitution of South Africa, Section 36 (1) which provide general limitation grounds upon which the specific rights provided might be limited. On the other hand ICCPR and African Charter do not have a general limitation clause. For furthers ee AK. Abebe, Human Rights under the Ethiopian Constitution A Descriptive Overview (2011) 5 (1) Mizan Law Review 41, 58-63
