Communication 341/07 - Equality Now v Ethiopia
girls were under the continuing threat of being abducted, raped and forcibly
married in the area where the practice was rampant, and where Ms Negash lived.
This required escalated measures beyond the criminalisation of abduction and rape
under the criminal law that existed at the time.
127.
More specifically with respect to the case at hand, Ms Woineshet Zebene Negash
was abducted twice. The State quickly became aware of her first abduction and
rescued her, albeit after she had already been raped. The rescue was commendable.
However, inexplicably, the perpetrator was released from custody, and neither
party has explained what conditions, if any, were attached to his release for the
purpose of preventing him from offending again. Further, after the first abduction,
the Respondent State ought to have reckoned the reality of the risk Ms. Negash and
other girls at her residence faced. The duty to prevent a repetition of the abduction,
rape and forced purported marriage of Ms Negash, and no less other girls in like
situations, required the Respondent State to adopt and implement heightened
measures as a matter of urgency.
128.
It is not for the Commission to pinpoint the actual measures that could or should
have been adopted and implemented in the situation of Ms Negash and other girls
in similar situations. Given its unique knowledge of the local realities, the
Respondent State has a margin of appreciation in adopting the most appropriate
and effective measures to prevent imminent violations that it is aware of. Without
prejudice to that margin of appreciation, such measures could have included
immediately launching sensitisation campaigns in the area about the illegality of
the practice of forced marriage by abduction and rape and the attendant penal
consequences; providing direct security at the residences of girls attending school;
conducting random patrols of the areas where the practice was rampant; or indeed
requiring the owners of properties accommodating school-attending girls, such as
Ms Negash's dormitory, to adequately secure the premises.
129.
From the facts presented, beyond the criminalisation of abduction and rape at the
time, the Respondent State did not adopt any specific measures prior to Ms
Negash's first abduction. Indeed the Complainant states that when the perpetrator
was arrested for Ms Negash's first abduction, the practice ebbed. But it immediately
resumed when it was learnt that the principal offender has been released on bail.
This suggests that the Respondent State had not been prosecuting perpetrators of
abduction and rape. Had it been doing so, the ripple effect of arrests and
prosecution of perpetrators could have long operated as an effective deterrent as it
did when Ms Negash's abductor was arrested the first instance.
130.
More so, even after her first abduction the Respondent State doesj
have adopted escalated measures of protection. In fact, its court set the perpetrator