Communication 341/07 - Equality Now v Ethiopia
152.
However, the Complainant alleges, and the Respondent State does so refute, that
the practice of marriage by abduction and rape still exists despite the commendable
on-going legal and institutional reforms reported by the Respondent State. This
entails that beyond Ms Negash, other girls and women are under a continuing risk
of being abducted, raped and forcibly married. As noted above, the Respondent
State is under the obligation to adopted escalated and targeted measures to ensure
that this practice ceases completely, and in that regard it has a margin of
appreciation bearing in mind its knowledge of the peculiar national realities.
153.
In addition to general measures it is already implementing, such measures must as
of necessity include diligent prosecution of those still engaging in the practice and
wide publication of convictions to put prospective offenders on notice of the
consequences of engaging in the practice with a view to deter them. In such
matters, statistics are instructive. Accordingly, the Respondent State would be
requested to provide statistics on instances of marriage by abduction and rape, as
well as on successful prosecution of perpetrators.
154.
Concerning the perpetrators of the abduction and rape of Ms Negash in particular,
the Commission takes into account that the acts were committed in 2001, about 14
year ago. The perpetrators were prosecuted, found guilty, but acquitted and
discharged on appeal, without possibility of being retried. The Commission does
not consider it necessary to insist, in the circumstances, that the Respondent State
should commence criminal proceedings afresh. Having failed to prevent the
violations and render appropriate remedies through the criminal justice system, the
Respondent State now bears responsibility for the violations and is liable to provide
reparations to Ms Negash.
155.
In that regard the Commission notes the Respondent State's averments that it
already compensated Ms Negash in accordance with the settlement agreement
reached through Ethiopian Women Lawyers Association acting on behalf of Ms
Negash. However, as noted at paragraph 43 above, the Commission terminated the
settlement negotiations in 2012 following lack of commitment from the Respondent
State. Indeed it was on the basis that settlement negotiations had been terminated
that
the
Commission
resumed
consideration
of
the
Communication
on
admissibility. The Commission cannot have regard to the purported settlement
agreement.
156.
Even if it had regard to the purported settlement agreement, the Respondent State
does not produce any evidence of the measures it purportedly took in compliance
with the terms of the alleged settlement agreement. The alleged measures aj^^to^
nature that would ordinarily be documented. The Respondent State has^m^,
produced any copy of the record of disciplinary measures taken. Nej