Ethiopia’s Compliance with The International Covenant on Civil and Political Rights

Suggested List of Issues Relating to the Death Penalty

Submitted by The Advocates for Human Rights

a non-governmental organization in special consultative status with ECOSOC since 1996
and
The World Coalition Against the Death Penalty

130th Session of the Human Rights Committee

12 October–6 November 2020

Submitted 17 August 2020

The Advocates for Human Rights (The Advocates) is a volunteer-based non-governmental

organization committed to the impartial promotion and protection of international human rights
standards and the rule of law. Established in 1983, The Advocates conducts a range of programs
to promote human rights in the United States and around the world, including monitoring and
fact finding, direct legal representation, education and training, and publications. In 1991, The
Advocates adopted a formal commitment to oppose the death penalty worldwide and organized a
death penalty project to provide pro bono assistance on post-conviction appeals, as well as
education and advocacy to end capital punishment. The Advocates currently holds a seat on the
Steering Committee of the World Coalition against the Death Penalty.

The World Coalition Against the Death Penalty, an alliance of more than 160 NGOs, bar
associations, local authorities and unions, was created in Rome on May 13, 2002. The aim of the
World Coalition is to strengthen the international dimension of the fight against the death
penalty. Its ultimate objective is to obtain the universal abolition of the death penalty. To achieve
its goal, the World Coalition advocates for a definitive end to death sentences and executions in
those countries where the death penalty is in force. In some countries, it is seeking to obtain a
reduction in the use of capital punishment as a first step towards abolition.

330 Second Avenue South • Suite 800 • Minneapolis, MN 55401 • USA

Tel: 612-341-3302 • Fax: 612-341-2971 • Email: hrights@advrights.org • www.TheAdvocatesForHumanRights.org
 EXECUTIVE SUMMARY

1. This submission addresses Ethiopia’s compliance with its human rights obligations with
regard to its use of the death penalty. Ethiopia retains the death penalty and has not ratified
the Second Optional Protocol to the International Covenant on Civil and Political Rights
(ICCPR).
2. Ethiopia has failed to uphold its obligations under the ICCPR and has not acted to limit the
application of the death penalty to offences that can be deemed the “most serious” crimes.
The last known execution in Ethiopia was in 2007. 1 Ethiopia continues to oppose the UN
General Assembly’s resolution on a moratorium on the use of the death penalty.2
3. The Government of Ethiopia retains the death penalty for non-violent crimes, including, inter
alia, terrorism “causing serious to historical or cultural heritages” and acting as an accessory
to an offense that causes severe bodily injury.3
4. Since 2019, Ethiopia has made no official statement suggesting it intends to formally abolish
the death penalty or ratify the Second Optional Protocol. In the meantime, civil society
organizations continue to report torture, unfair trials, and a general lack of due process
protections, particularly in terrorism-related cases.

Ethiopia fails to uphold its obligations under the International Covenant on Civil and
Political Rights

I. Ethiopia has not yet ratified the Second Optional Protocol to the International
Covenant on Civil and Political Rights aimed at the abolition of the death penalty
and maintains the death penalty as a legal form of punishment.
5. In its 2011 Concluding Observations, the Human Rights Committee expressed concern that
Ethiopia authorizes the death penalty for “crimes which appear to have a political dimension,
as well as following in-absentia trials without adequate legal safeguards.” 4 The Committee
recommended that Ethiopia consider abolishing the death penalty and ensure that the death
penalty, if it is imposed, applies only to the most serious crimes and in compliance with
article 14 of the Covenant. 5 In addition, the Committee expressed concern about reported
human rights violations in the Somali Regional State of Ethiopia and advised the
Government of Ethiopia to take legislative action to ensure that its anti-terrorism legislation
“defines the nature of those acts with sufficient precision to enable individuals to regulate
their conduct accordingly.”6

1
Reuters, Ethiopia carries out rare execution, Aug. 6, 2007, https://www.reuters.com/article/idUSL06550887.
2
UN General Assembly Resolution 73/175, U.N. Doc. A/73/PV.55 (Dec. 17, 2018), also available online at
https://undocs.org/en/A/73/PV.55.
3
Prevention and Suppression of Terrorism Crimes Proclamation No. 1176/2020, Part 2, Section 3, ¶ 2 (Ethiopia).;
Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909/2015, Part
Two, ¶ 6 (Ethiopia).
4
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee at
its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 19.
5
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee at
its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 20.
6
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee at
its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 16.

2
6. In its Second Periodic State Party Report, Ethiopia notes that it has not conducted any
executions during the reporting period, despite the sentencing of 211 individuals to death by
the courts in the period between 2009/2010 and 2017/18. 7 Ethiopia also asserts that it
appropriately limits its use of the death penalty.8
7. In its 2019 Universal Periodic Review, Ethiopia received 15 recommendations to ratify the
Second Optional Protocol or adopt a de jure moratorium on the death penalty. 9 The State
Party noted all such recommendations.10
8. Ethiopia seems to have observed a de facto moratorium on executions since 2007, the year of
the last reported execution.11 The Penal Code leaves the method of execution to the discretion
of the applicable Federal or Regional prison administration.12 Based on Amnesty
International’s reports, there were likely 10 people under sentence of death as of 2019.13
9. Ethiopia maintains the death penalty as an eligible punishment for many crimes, including
offenses that do not constitute “most serious crimes.” In March 2020, Ethiopia adopted the
Prevention and Suppression of Terrorism Crimes Proclamation No. 1176/2020 to replace the
7
Human Rights Committee, Second periodic report submitted by Ethiopia under article 40 of the Covenant, due in
2014, U.N. Doc. CCPR/C/ETH/2, ¶ 51.
8
Human Rights Committee, Second periodic report submitted by Ethiopia under article 40 of the Covenant, due in
2014, U.N. Doc. CCPR/C/ETH/2, ¶ 52.
9
Human Rights Council, Report of the Working Group on the Universal Periodic Review: Ethiopia (July 5, 2019),
U.N. Doc. A/HRC/42/14, ¶¶ 163.18 Ratify the Optional Protocol to the International Covenant on Civil and Political
Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty (Spain); 163.20 Ratify international human rights instruments such as the Optional
Protocols to the International Covenant on Civil and Political Rights (Estonia); 163.21 Consider acceding to the
Optional Protocol to the International Covenant on Civil and Political Rights and the Second Optional Protocol to
the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, and the
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Ukraine);
163.22 Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at
the abolition of the death penalty (Montenegro); 163.23 Ratify the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Croatia); 163.24 Ratify the
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the
death penalty (Cyprus); 163.25 Ratify the Second Optional Protocol to the International Covenant on Civil and
Political Rights (Czechia); 163.145 Abolish the death penalty (Iceland); 163.146 Consider adopting a de jure
moratorium on executions with a view to formally abolishing the death penalty (Italy); 163.147 Abolish definitively
the death penalty and ratify the Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty (Luxembourg); 163.148 Abolish the death penalty and ratify the
Second Optional Protocol to the International Covenant on Civil and Political Rights (Portugal); 163.149 Consider
imposing a de facto moratorium on the use of the death penalty with a view to its total abolition (Rwanda); 163.150
Formally abolish the death penalty by removing capital punishment from the Penal Code (Sweden); 163.151
Establish a formal moratorium on the death penalty as a step towards its complete abolition (Australia); 163.152
Abolish the death penalty (Costa Rica).
10
Human Rights Council, Addendum to the Report of the Working Group on the Universal Periodic Review:
Ethiopia (July 5, 2019), U.N. Doc. A/HRC/42/14/Add.1, ¶ 3.
11
Reuters, Ethiopia carries out rare execution, Aug. 6, 2007, https://www.reuters.com/article/idUSL06550887.
12
The Criminal Code of the Federal Democratic Republic of Ethiopia, art. 117(3), Proclamation No. 414/2004
(Ethiopia).
13
Amnesty International, Death Sentences and Executions 2017, ACT 50/7955/2018, 2018, also available online at
https://www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF.; Amnesty International, Death
Sentences and Executions 2018, ACT 50/9870/2019, 2019, also available online at
https://www.amnesty.org/download/Documents/ACT5098702019ENGLISH.PDF.; Amnesty International, Death
Sentences and Executions 2019, ACT 50/1846/2020, 2020, also available online at
https://www.amnesty.org/download/Documents/ACT5018472020ENGLISH.PDF.

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 controversial Anti-Terrorism Proclamation, which criminalized and made punishable by
death inter alia “caus[ing] serious damage to property,” caus[ing] damage to natural
resource, environment, historical, or cultural heritages,” or “endanger[ing], seiz[ing] or
put[ting] under control, caus[ing] serious interference or disruption of any public service.” 14
The Prevention and Suppression of Terrorism Crimes Proclamation criminalizes and makes
punishable by death similar categories of non-violent crime, however, including “caus[ing]
damage to property, natural resource or environment” and “causing serious damage to
historical or cultural heritages or infrastructure or property or natural resource
environment.”15
10. The adoption of the Prevention and Suppression of Trafficking in Persons and Smuggling of
Migrants Proclamation in 2015 makes participation, even “as being a member, a leader or
coordinator of an organized criminal group or where the crime is committed in large scale,”
in any offense stipulated under Articles 3 and 5 of the proclamation that results in “severe
bodily injury or death to the victim” punishable by death.16

II. The State subjects people suspected of crimes and convicted of crimes to torture and
other cruel, inhuman, or degrading treatment.
11. In its 2011 Concluding Observations, the Human Rights Committee expressed concern about
the reports of torture of individuals detained in the Somali and Oromia Regional States. 17 The
Committee also recommended that the State Party guarantee the investigation and subsequent
prosecution of all allegations of torture.18 The Committee followed this recommendation with
a request that the Government of Ethiopia provide disaggregated data on all allegations of
torture.19
12. In its State Party Report, the Government of Ethiopia stated that “[t]he prevention of acts of
torture, cruel, or degrading treatment and ensuring accountability constitute the core of the
on-going political reforms.”20 Ethiopia further stated that it had acknowledged that security
and law enforcement agencies had systematically violated the right to be free from torture
and other cruel, inhuman, or degrading treatment and that it was taking concrete steps,
through the empowerment of existing human rights institutions, to better address complaints
and expose acts of torture.21
13. During its 2019 Universal Periodic Review, Ethiopia received and accepted 6
recommendations to consider incorporating a definition of torture that covers all the elements
contained in Article 1 of the Convention against Torture, to prioritize the prevention of acts
14
Anti-Terrorism Proclamation No.652/2009, Part Two, ¶3 (Ethiopia).
15
Prevention and Suppression of Terrorism Crimes Proclamation No. 1176/2020, Part 2, Section 3, ¶ 1-2 (Ethiopia).
16
Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation No. 909/2015,
Part Two, ¶6 (Ethiopia).
17
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee
at its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 17.
18
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee
at its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 18.
19
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee
at its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 18.
20
Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights
Council resolution 16/21: Ethiopia (Feb. 25, 2019), U.N. Doc. A/HRC/WG.6/33/ETH/1, ¶ 39.
21
Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights
Council resolution 16/21: Ethiopia (Feb. 25, 2019), U.N. Doc. A/HRC/WG.6/33/ETH/1, ¶¶ 40-41.

4
 of torture and cruel or degrading treatment, and to hold state perpetrators, specifically senior
officials and the armed forces, accountable.22
14. Reports of the use of torture during interrogation and extended pre-trial detention remain
widespread, however, especially for persons accused of terrorism-related offenses. Multiple
civil society organizations, including Human Rights Watch and Amnesty International, have
reported on the use of arbitrary arrest, detention, torture, and other ill-treatment, as well as
the absence of effective accountability mechanisms.
15. Human Rights Watch notes that in November 2018, Ethiopia arrested some high-level
officials. At the same time, it reported that there was a lack of public transparency regarding
the trials of the operators of the Somali region’s notorious Jail Ogaden, where “torture, rape,
and death were common” occurrences.23
16. According to Amnesty International, Tigray Regional State security forces targeted with
torture and other ill-treatment, on the basis of their Amhara identity, for speaking Amharic, or
listening to Amharic music, supporters of the Wolkait Amhara Identity Committee after the
Committee petitioned for the Wolkait district to join the Amhara Regional State.24
17. The Association for Human Rights in Ethiopia has documented several cases of people being
subjected to torture during interrogation to extract confessions. One individual charged for
alleged involvement with the Oromo Liberation Front recounted that he was advised, after
being “beaten, tortured, and […] made to do a heavy physical exercise for 43 days,” to
simply “admit everything before they kill me and […] later deny and tell the court it was a
forced confession when my file is officially open.” 25 Other methods of torture deployed to
extract confessions included pulling out finger and toe nails while individuals were
conscious, the tying of water bottles to the genitals, and electrocution.26

22
Human Rights Council, Report of the Working Group on the Universal Periodic Review: Ethiopia (July 5, 2019),
U.N. Doc. A/HRC/42/14, ¶¶ 163.55 Consider incorporating into its legislation a definition of torture in line with the
Convention against Torture (Brazil); 163.153 Introduce a definition of torture in the Penal Code that covers all of the
elements contained in article 1 of the Convention against Torture (Kyrgyzstan); 163.154 Continue to prioritize the
prevention of acts of torture and cruel or degrading treatment, and ensure that accountability constitutes the core of
ongoing political reforms (South Africa); 163.155 Adopt all necessary measures so that acts of torture are not
repeated, by ensuring that those responsible are brought to justice (Spain); 163.156 Continue strengthening laws and
policies on the prevention of acts of torture and cruel or degrading treatment by senior officials and, in particular, by
the armed forces (Botswana); 163.157 Continue independent and transparent investigations into all allegations of
torture in places of detention (Czechia).; Human Rights Council, Addendum to the Report of the Working Group on
the Universal Periodic Review: Ethiopia (July 5, 2019), U.N. Doc. A/HRC/42/14/Add.1, ¶ 3.
23
Human Rights Watch, “Ethiopia Events of 2019,” accessed Aug. 3, 2020, https://www.hrw.org/world-
report/2020/country-chapters/ethiopia.
24
Amnesty International, “Ethiopia 2019,” accessed Aug. 5, 2020,
https://www.amnesty.org/en/countries/africa/ethiopia/report-ethiopia/.
25
Association for Human Rights in Ethiopia, Ethiopian Political Prisoners and Their Accounts of Torture, February
2018, 26, also available online at https://ahrethio.org/wp-content/uploads/2018/02/Ethiopian-prisoner-and-their-
accounts-of-torture.rep2018.pdf.
26
Association for Human Rights in Ethiopia, Ethiopian Political Prisoners and Their Accounts of Torture, February
2018, 25-27, also available online at https://ahrethio.org/wp-content/uploads/2018/02/Ethiopian-prisoner-and-their-
accounts-of-torture.rep2018.pdf.

5
 III. Violations of the rights to due process and a fair trial threaten the right to life.
18. In its Concluding Observations, the Human Rights Committee expressed concern that none
of the national courts in Ethiopia have invoked provisions of the ICCPR, and that the ICCPR
has been neither translated into local languages nor published in full in the Federal Negazit
Gazette.27 The Committee also expressed concern about reports that restrictions imposed
upon non-governmental organizations by the Proclamation to Provide for the Registration
and Regulation of Charities and Societies No 621/2009 impedes the provision of free legal
aid, especially in light of the lack of capacity of the Public Defender Office. 28 The Committee
suggested that the State party ensure that all tribunals and courts in Ethiopia operate in
accordance with the principles of article 14 of the ICCPR and paragraph 24 of the
Committee’s general comment No. 32 (2007).29
19. In its State Party Report, Ethiopia stated its commitment to an independent judiciary and that
“[a] number of laws have been enacted at the federal and regional levels to further ensure the
independence of the judiciary.” 30 In addition, the Government affirmed its commitment to the
principle of the presumption of innocence and that all suspects are brought to a court of law
within 48 hours of arrest.31
20. During its 2019 Universal Periodic Review, participants in the interactive dialogue
acknowledged this change in the organizational set-up and legal framework of key
democratic institutions, security agencies, and the judiciary. 32 Ethiopia received and accepted
6 recommendations to strengthen and ensure the independence of the judiciary.33
21. Nonetheless, reports of due process violations persist. Amnesty International has shown that,
in the region of Oromia alone, authorities detained approximately 10,000 people through

27
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee
at its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 5.
28
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee
at its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 20.
29
Human Rights Committee, Concluding observations of the Human Rights Committee, adopted by the Committee
at its 102nd session (July 11 – 29, 2011), U.N. Doc. CCPR/C/ETH/CO/1, ¶ 23.
30
Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights
Council resolution 16/21: Ethiopia (Feb. 25, 2019), U.N. Doc. A/HRC/WG.6/33/ETH/1, ¶ 57.
31
Human Rights Council, National report submitted in accordance with paragraph 5 of
the annex to Human Rights Council resolution 16/21: Ethiopia (Feb. 25, 2019), U.N. Doc. A/HRC/WG.6/33/ETH/1,
¶ 60.
32
Human Rights Council, Report of the Working Group on the Universal Periodic Review: Ethiopia (July 5, 2019),
U.N. Doc. A/HRC/42/14, ¶ 10.
33
Human Rights Council, Report of the Working Group on the Universal Periodic Review: Ethiopia (July 5, 2019),
U.N. Doc. A/HRC/42/14, ¶¶ 163.89 Ensure the independence of the Ethiopian Human Rights Commission, the
Ombudsman and the judiciary (Germany); 163.106 Take appropriate measures to strengthen the capacity and the
independence of the Ethiopian National Human Rights Commission, the Ombudsman and the judiciary (Bulgaria);
163.184 Strengthen the independence and capacity of the judiciary, the Ombudsman and the Ethiopian Human
Rights Commission (Netherlands); 163.185 Strengthen the judiciary and its independence, and ensure that the
Ethiopian Human Rights Commission functions independently and in line with the Paris Principles (Spain); 163.186
Ensure the independence of the judicial system and continue its efforts towards accountability for past atrocities
(Austria); 163.187 Accelerate the pace of reforms to ensure the independence of the judiciary, and amend restrictive
legislation, including the Anti-Terror Proclamation, as well as media and electoral laws, in line with international
standards (Canada).; Human Rights Council, Addendum to the Report of the Working Group on the Universal
Periodic Review: Ethiopia (July 5, 2019), U.N. Doc. A/HRC/42/14/Add.1, ¶ 3.

6
 mass arrests between January and September 2019.34 Individuals were also subject to re-
arrest, and courts often failed to provide them with a legal remedy. 35 Individuals also faced
retaliation and beatings in detention when authorities discovered that the individuals’ families
had petitioned the court for their release.36
22. Amnesty International also noted that hundreds of political opposition members have faced
unfair trials in terrorism-related prosecutions. For example, the police arrested the prominent
Oromo Liberation Front member Colonel Gemechu Ayana and detained him for eight
months.37

IV. Suggested questions for the Government of Ethiopia:

 What steps have Ethiopian authorities taken to reduce the number of crimes
eligible for the death penalty and to limit the availability of the death penalty to
the “most serious” crimes in accordance with the International Covenant on Civil
and Political Rights?
 Under the new Prevention and Suppression of Terrorism Crimes Proclamation No.
1176/2020, what offenses are eligible for the death penalty and in what
circumstances?
 How many people are currently under sentence of death? What are the crimes for
which they were convicted? How long have they been imprisoned on death row?
 Please provide disaggregated data broken down by age (including current age and
age at the time of the offense), race and ethnicity, nationality, and sex relating to
all persons sentenced to death or executed during the reporting period, including:
the crimes of conviction; location and date of arrest; duration of pre-trial
detention; date legal counsel was provided or obtained; location, date, and
duration of trial; date of sentencing; location of post-trial detention; and location
and date of execution, if applicable.
 What procedures are in place to promote public transparency with respect to
criminal proceedings in which a person may be sentenced to death and with
respect to death sentences and executions?
 What procedures exist when a defendant in a criminal proceeding alleges having
been tortured or otherwise ill-treated? What measures are taken to hold persons
who commit acts of torture accountable and to compensate victims of torture?

34
Amnesty International, Beyond Law Enforcement: Human rights violations by Ethiopian security forces in
Amhara and Oromia, AFR 25/2358/2020, May 29, 2020, 20, also available online at
https://www.amnesty.org/en/documents/afr25/2358/2020/en/.
35
Amnesty International, Beyond Law Enforcement: Human rights violations by Ethiopian security forces in
Amhara and Oromia, AFR 25/2358/2020, May 29, 2020, 20-23, also available online at
https://www.amnesty.org/en/documents/afr25/2358/2020/en/.
36
Amnesty International, Beyond Law Enforcement: Human rights violations by Ethiopian security forces in
Amhara and Oromia, AFR 25/2358/2020, May 29, 2020, 23, also available online at
https://www.amnesty.org/en/documents/afr25/2358/2020/en/.
37
Amnesty International, “Ethiopia 2019,” accessed Aug. 5, 2020,
https://www.amnesty.org/en/countries/africa/ethiopia/report-ethiopia/.

7
 Please describe the extent to which the State provides systematic training to law
enforcement, prosecutors, investigators, prison officials, and judicial officers
regarding human rights as a standard component of training curricula, covering
the topics of the prohibition of torture, interrogation techniques that comply with
international human rights standards, conditions of detention, and the treatment of
people in detention.
 What steps has the State taken to ensure that no coerced or forced confession is
accepted as evidence in court, except against a person accused of torture or other
ill-treatment as evidence that the “confession” or other statement was made?
 What concrete measures is the government taking to ensure respect for the rights
of defendants to a fair trial and adequate legal representation, particularly in
terrorism-related cases and in other cases in which the defendant is at risk of
being sentenced to death?
 What steps has the State taken to expand the provision of legal aid, particularly
for people at risk of being sentenced to death, and to reduce barriers to the
provision of legal aid under the new Civil Society Organizations Agency
Proclamation No. 1113/2019?
 How does the State ensure and protect the full independence and impartiality of
the judiciary and guarantee that it is free to operate without pressure and
interference from the executive?