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.

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