Communication 341/2007 - Equality Now and Ethiopian Women Lawyers
Association (EWLA) v. Federal Republic of Ethiopia
SUMMARY OF THE COMPLAINT
1.
The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received the Complaint from Equality Now and Ethiopian Women
Lawyers Association (EWLA) (hereinafter collectively referred to as the
"Complainants") on behalf of Woineshet Zebene Negash, against the Federal
Republic of Ethiopia (the Respondent State).
2.
The Complaint is submitted pursuant to Articles 55 and 56, read with rule 102 of
the Rules of Procedure of the African Commission on Human and Peoples' Rights,
1998.
3.
The Complainants allege that on 12 March 2001, a man named Aberew Jemma
Negussie (hereinafter, "Aberew") came to the residence of Woineshet Zebene
Negash (hereinafter "Woineshet") then aged 13, and together with several
accomplices, abducted her and raped her. The abduction was reported to the police
who rescued her and arrested Aberew. They state that the police who rescued her
testified to seeing blood on the pyjamas she was still wearing since her abduction.
They allege that a medical report also showed many scratches and bruises around
her vagina and confirmed that penetration had taken place.
4.
The Complainants allege that Aberew was later freed on bail, after which he once
again abducted Woineshet again and hid her in his brother's house. She was held
there for a month and was forced to sign a marriage contract. The Complainants
allege that a month later, she managed to escape and ran to a police station. The
Complainants state that on 22 July 2003, Aberew was sentenced to 10 years
imprisonment without parole and his four accomplices were each convicted of
abduction and sentenced to 8 years imprisonment, by the Guna Woreda Court. The
Complainants added that during the trial, a police officer who provided witness
testimony attested that Aberew admitted to having abducted Woineshet.
5.
The Complainants state 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 on the basis that the "evidence suggests
that the act was consensual", and released the five men from prison. They also
allege that neither Woineshet nor the Ethiopian Women Lawyers Association who
were providing her with legal advice, were present at the hearing or informed;©!^
the appeal.
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