Communication 341/07 - Equality Now v Ethiopia
every woman from rape, the Court acted arbitrarily in violation of Ms Negash's
rights to: equal protection of law (Article 3); protection from cruel, inhuman or
degrading treatment (Art. 5, Art. 4); protection from discrimination (Art. 2); and
integrity and security of person (Art. 6, Art. 4).
89.
Similarly, the judge drew the wrong inference that Ms Negash had consent to the
principal offender's sexual solicitations. Ms Negash or her legal representative were
not notified of the appeal hearing and thus had no opportunity to provide
information that she had been abducted, raped and forced to sign a purported
marriage certificate, which demonstrate that she had not consented. In addition, the
zonal prosecutor failed to raise relevant points of law which could have sustained
the convictions and sentences against the perpetrators if they had been raised on
appeal. For example, virginity is not a legal prerequisite for the offence of rape.
Rape of a child under 15 years of age was punishable by imprisonment of up to 15
years. Sexual intercourse with a minor was punishable with up to 5 years
imprisonment. The purported subsequent marriage between the principal offender
and the victim from which the judge probably inferred consent was invalid under
domestic law on two grounds: (a) the victim signed the purported marriage
contract under duress; and (b) in any event the victim, being a minor, had no
capacity to enter a valid legal contract under domestic law. The legal age of
marriage was 15 years, and the victim was only 13 years old at the time.
90.
By failing to raise relevant points of law and present relevant evidence, and by
abdicating his duty to support the convictions and sentences, the prosecutor denied
Ms Negash equality before the law and equal protection of the law. Similarly, by
drawing the wrong inference that the victim had consented to sexual solicitations,
the court acted arbitrarily and failed in its duty to diligently examine the case. By
these failures the Respondent State also violated Ms Negash's right to inherent
dignity guaranteed under Article 5 of the Charter.
91.
Further, the abduction and rape of Ms Negash, coupled with being forced to sign a
marriage certificate, caused her physical and psychological suffering and
humiliated her. These acts were in violation of her rights to integrity of her person,
to respect for her inherent dignity, to be free from all forms of cruel, inhuman and
degrading treatment, to liberty and security of the person and to be protected from
discrimination as guaranteed under Articles 4, 5, 6, and 18(3) of the Charter. By
failing to diligently investigate these acts, examine all aspects of the case, and to
punish the perpetrators the Respondent State violated Ms Negash's rights under
the Charter.
92.
Further, the Respondent State's superior courts failed to correct tl^d^cM^nf6|Hhe
Arsi High Court on further appeals which culminated in the decision of the