Communication 341/07 - Equality Now v Ethiopia
degrading treatment, as evidenced by the conduct of the zonal prosecutor and by
the judicial responses to her allegations of abduction and arranged marriage allegations substantiated by the trial court of first instance.
45.
They argue that the High Court of the Arsi Zone overturned the trial court's
findings of rape on the basis of consents, suggesting that a thirteen year-old girl can
legally consent to sexual intercourse and marriage. They state that in finding that
there was no error of law in overturning a rape conviction on this basis, the Federal
Supreme Court has sanctioned statutory rape and child marriage in Ethiopia at the
highest level, in violation of the State Party's obligations under international law,
including Articles 3, 4, 5, 6 and 18(3) of the Charter.
46.
The Complainants argue that domestic remedies were exhausted as there were no
further domestic legal proceedings that could have been undertaken by the Victim
once her case was denied a hearing by the highest court of appeal, which is the
Cassation Bench of the Federal Supreme Court. Moreover, they argue that the
Complainants were in frequent communication with officials from the Ministry of
Justice and the Justice Bureau of Oromiya throughout the appeal of the case,
including the Cassation Bench of the Federal Supreme Court, which specifically
informed them that no further avenues of appeal were available in the case.
Admissibility Submissions by the Respondent State
47.
The Respondent State argues that the case was originally instituted against six
defendants including the principal defendant, Aberew, whom the Guna Wereda
Court found guilty of the alleged crimes and for violating Articles 32(1) (a) and 571
of the 1957 Penal Code for violation of privacy of domicile, and Articles 32(1) (a)
and 558 of the Penal Code for committing the crime of abduction. A third count was
separately instituted against Aberew for committing rape against Woineshet in
violation of Article 589 of the Penal Code. Aberew was sentenced to ten years of
hard labor, and the remaining defendants were also found guilty of violating
provisions of Articles 571, 558 and 589 as accomplices, and each sentenced to eight
years in prison, by the Guna Woreda Court.
48.
The Respondent State avers that Aberew and his accomplices lodged an appeal,
and that on 4 December 2003, the High Court of the Arsi Zone, sitting on appeal
quashed the decision of the lower court and released the six men from prison on the
grounds, inter alia, that the prosecution did not prove the case beyond reasonable
doubt and that the victim had consented to sexual solicitations from one of the
defendants, being Aberew.