Capital punishment in Ethiopia

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Ethiopia retains capital punishment while not ratified the Second Optional Protocol (ICCR) of UN General Assembly resolution.[1] Historically, capital punishments was codified under Fetha Negest in order to fulfill societal desire. Death penalty can be applied through approval of the President, but executions are rare.[2]

In 2007, Major General Tsehai killed Kinfe Gebremedhin, a close ally of Prime Minister Meles Zenawi. As of 2019, Amnesty International reported that the death penalty persisted, with 10 people having been executed. Death sentence may apply not just to homicide but also non-violent crimes including incest, blasphemy, kidnapping of a betrothed girl or widow, and stealing animals like livestock.[3]

Under Federal Criminal Code Article 122–128, Ethiopia ratified secondary punishments.[4]

Penalty overview[edit]

Currently, Ethiopia retains the death penalty and has not ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCR).[5][6][7][8]

In 2007, Major Tsehai was executed after his appeal for clemency to the Supreme Court was turned down. He was convinced of shooting Kinfe Gebremedhin, a close ally of Prime Minister Meles Zenawi, outside officer's club in 2001.[9] The death sentence was approved by President Girma Wolde-Giorgis. Death penalty also occurred prior in the Eritrean–Ethiopian War in 1998, when the government executed Eritrean businessman for the shooting of a popular Ethiopian general.[10][9]

Ethiopia opposes the UN General Assembly memorandum on the use of death penalty.[11] The government also uses death penalty for non-violent crime, including terrorism "causing serious to historical or cultural heritages" and acting as an accessory to an offense that causes severe bodily injury.[5][12]

Since 2019, Ethiopia has not formally shown to abolish capital punishment or ratify the Second Optional Protocol. In 2011 Concluding Observations, the Human Rights Committee expressed concern that Ethiopia authorizes the death penalty for "crimes which appear to have a political dimension",[13] as well as to the most serious crimes and in compliance with article 14 of the Covenant. The committee also expressed its concern to human rights violations in Somali Region and calls for the government of Ethiopia to take action towards anti-terrorism legislation.[5][14]

In 2019 Universal Periodic Review, Ethiopia received 15 recommendations to use the Second Optional Protocol or adopt as de facto memorandum on the death penalty.[15] Based on Amnesty International reports in 2019, there were likely 10 people under sentence of death.[5][16]

In Ethiopian law[edit]

Historically, the Ethiopian society viewed capital punishment as a fundamental instrument for protection to society. They accept it as requital of those who commit great sin. These include homicide, incest, blasphemy, kidnapping of a betrothed girl or widow, and the stealing and of animals like horses or oxen. Death penalty can be applied through approval of the President, but executions are rare.[2] Capital punishment for homicide serves two significant aims:[17]

1. By sentencing to death penalty, the society hoped to recompense the bereaved victim. Fetha Negest provided:[17]

They shall be put (to death) in the place they sinned, so that they may serve as a lesson to others who desire to be (involved) in this deed, and so that the relatives of the person murdered may be pleased.[17]

2. The death penalty served as expiation of the murderer from sin. Referring to argument for retention of capital punishment, in the 1957 draft Penal Code, Jean Graven wrote:[18]

It is not only necessary for social protection; it is based on the very deepest feelings of the Ethiopian people for justice and atonement. The destruction of life, the highest achievement of the Creator, can only be paid for by the sacrifice of the life of the guilty person.[17]

Notable cases[edit]

In June 2011, president Girma Wolde-Giyogis announced at the National Palace that the death penalty sentences for 23 senior Derg officials were commuted to life imprisonment. The decision had come to effect on 28 May 2011, coinciding with 20th anniversary of the downfall of the Derg junta.[19]

References[edit]

  1. ^ "ABOLITION OF THE DEATH PENALTY IN AFRICA" (PDF). Amnesty International. 3 September 2022.
  2. ^ a b Metekia, Tadesse Simie (2019-01-30). "Punishing Core Crimes in Ethiopia: Analysis of the Domestic Practice in Light of and in Comparison, with Sentencing Practices at the unicts and the icc". International Criminal Law Review. 19 (1): 160–190. doi:10.1163/15718123-01901007. ISSN 1571-8123.
  3. ^ "Ethiopia's Compliance with The International Covenant". Amnesty International. 3 September 2022.
  4. ^ "Criminal Code of the Federal Democratic Republic of Ethiopia" (PDF). 3 September 2022.
  5. ^ a b c d "Ethiopia's Compliance with The International Covenant on Civil and Political Rights Suggested List of Issues Relating to the Death Penalty". 3 September 2022.
  6. ^ "Ratification Status for Ethiopia - UN Treaty Body Database". 3 September 2022.
  7. ^ "No. 14668 MULTILATERAL International Covenant on Civil" (PDF). 3 September 2022.
  8. ^ "FIACAT, ACAT Liberia and The World Coalition Against the Death Penalty Coalition Against the Death Penalty Contribution to the Second review of Liberia". Human Rights Documents Online. doi:10.1163/2210-7975_hrd-0590-2015008. Retrieved 2022-09-03.
  9. ^ a b "Ethiopia carries out rare execution". Reuters. 2007-08-06. Retrieved 2022-09-03.
  10. ^ "Ethiopia carries out rare execution - CNN.com". edition.cnn.com. Retrieved 2022-09-03.
  11. ^ "Moratorium on the use of the death penalty". 2007-12-18. {{cite journal}}: Cite journal requires |journal= (help)
  12. ^ "Suggested List of Issues Relating to the Death Penalty". 3 September 2022.
  13. ^ "Ethiopia's Compliance with The International Covenant". 3 September 2022.
  14. ^ "Human Rights Committee considers report of Ethiopia". OHCHR. Retrieved 2022-09-03.
  15. ^ "Ethiopia - UPR". 3 September 2022.
  16. ^ "Death sentences and executions 2019". Amnesty International. 20 April 2020. Retrieved 2022-09-03.
  17. ^ a b c d "Sentencing and Execution" (PDF). 3 September 2022.
  18. ^ "The penal code of the Empire of Ethiopia". 4 September 2022.
  19. ^ "Ethiopia lifts death penalty for over 20 former Derg officials". Sudan Tribune. 3 June 2011.
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