Communication 341/07 - Equality Now v Ethiopia
63.
They argue that the Victim was 13 years old at the time of the rape, as indicated: in
the decision of the Guna Court of 15 July 2003 (Ethiopian Calendar, 9 July 1995),
which stated her age as 15 years old when she gave testimony two years after the
offence was committed; and her school record, which states she was 14 years old at
the end of the academic year 2002 (Ethiopian Calendar, 1994).
64.
Therefore, they aver that, if the Respondent State were to charge Aberew, he should
be charged under Article 594(1) of the Ethiopian Penal Code which deals with
sexual outrage on infants or young persons, which provides that: "Whosoever
causes an infant or young person under fifteen years of age, other than his own
child, to have sexual intercourse, or to perform an act corresponding to the sexual
act, with him, is punishable with rigorous imprisonment not exceeding five years";
as the offence relevant to her case. The Complainants state that they are puzzled as
to why the Justice Bureau of Oromiya is considering a charge against Aberew that
does not fit the facts and which carries a lesser penalty.
65.
The Complainants, on 15 January 2013 made further submissions on Admissibility.
In the same, they argue that the Communication fulfills all seven requirements
stipulated in Article 56 of the African Charter, and also attached Exhibits A and B ,
which they argue, satisfy all the requirements for Admissibility.
66.
In terms of Articles 56(2) and 56(3), the Complainants submit respectively, that, the
Communication raises prima facie violation of the Charter, and that the
Communication is not written in disparaging or insulting language directed at the
Respondent State.
67.
In terms of Article 56(5), the Complainants submit that the Communication was
sent after exhausting local remedies. They state that copies of all referenced Court
proceedings and judgments were attached to the original Communication, and
consequently argue that they have no further avenue of domestic appeal to pursue.
They also state that this fact was not disputed by the Respondent State in its
submission on Admissibility.
68.
On Article 56(6), the Complainants submit that the Communication was submitted
within a reasonable period from the time local remedies were exhausted. They aver
that the Complainant's appeal was rejected by the Cassation Bench of the Federal
Supreme Court on 12 January 2006 and that they submitted to the Commission in
May 2007. In explaining the timeline between the exhaustion of domestic remedies
and the filing of the Communication, they state that upon receiving the decision of
the Cassation Bench of the Federal Supreme Court, they applied for an official copy
of the decision in preparation for submission to the Commission, and that it.took