Communication 341/07 - Equality Now v Ethiopia
render to her, she was denied justice by the failures of the prosecution and judicial
authorities to establish criminal responsibility and punish the perpetrators. This
was the second tier of the violations. The disciplinary measures against the
prosecutor and the judge of the Arsi high court did not remediate the violations she
suffered. To be clear, whereas these measures demonstrate disapproval of the
conduct of the prosecutor and the judge, they did not yield the re-trial of the
perpetrators and sanctioning of their criminal acts. Permitting perpetrators to
escape criminal sanctions discloses some kind of subtle approval or tolerance of the
acts they committed.
139.
Thus whereas the Respondent State was not directly responsible for the violations
primarily committed by private individuals, these failures to respond to the
violations attract the international responsibility of the Respondent State in respect
of the rights that were violated. It is in this regard that the Respondent State is
internationally responsible for violations of Ms Negash's rights to: integrity of her
person (Art. 4), dignity (Art. 5), liberty and security of her person (Art. 6), and
protection from inhuman and degrading treatment (Art. 5).13 The failures also
amount to the State's direct violations of Ms Negash's rights to have her cause
heard (Art. 7(l)(a)), and the right to protection of the law (Art. 3).
140.
The Complainant also contends that the Respondent State violated Articles 3 and 2
of the Charter. The former provides for the guarantees that every individual: (a)
shall be equal before the law; (b) shall have protection of the law; and (c) the
protection of the law shall be provided equally to persons in relevantly analogous
situations. The right to protection of the law has been considered above and found
to have been violated. The Commission will thus focus on discrimination which
infringes on the right to equality and equal protection of the law.
141.
In Communication 294/04 - Zimbabwe Lawyers for Human Rights and Institute for
Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum)
v Zimbabwe, the Commission expounded that
the most fundamental meaning of equality before the law under Article
3(1) of the Charter is the right by all to equal treatment under similar
conditions. The right to equality before the law means that individuals
legally within the jurisdiction of a State should expect to be treated fairly
and justly within the legal system and be assured of equal treatment before
the law and equal enjoyment of the rights available to all other citizens. Its
meaning is the right to have the same procedures and principles applied
under the same conditions. The principle that all persons are equal before
Velasquez-Rodriguez v. Honduras (Merits), n 9 above