Communication 341/07 - Equality Now v Ethiopia
dwelling, rape her and emerge triumphantly beating his chest and announcing to
the applause of fellow men.6
108.
Here, a young man, aided by his accomplices, went into Woineshet Zebene
Negash's dormitory almost at mid-night, abducted her, took her to the house of his
acquaintance who welcomed him and the victim. The young abductor then raped
her. This happened twice. On her first abduction she was rescued by the police. Her
abductor was arrested and subsequently released on bail. Only for him to abduct
her for the second time. Unlike on the first occasion, on this second occasion close to
one whole month elapsed without being rescued. She fled from her abductor by
herself when opportunity presented. On the two occasions, she was raped for whoknows-how-many times. Ms Woineshet Zebene Negash was only 13 years old and
attending school when she was subjected to these abhorrent acts which have not
been controverted by the Respondent State.
109.
At the material time, abduction and rape were already criminal offences under the
Respondent State's Penal Code of 1957. Regardless, the practice of abduction and
rape was widespread and considered a normal way of procuring a bride among the
victim's society.
110.
As it occurred, the abductor and his accomplices were eventually tried, found
guilty, and sentenced to terms of between 8 to 10 years in prison. However, on
appeal by the convicts, the Arsi Zonal High Court quashed the convictions and
discharged the convicts. The court stated that "the evidence suggests that the act
was consensual." The judge did not pinpoint the evidence which suggested
consent. He simply relied on the statements of the prosecutor who in making his
submissions on the appeal stated that the first instance court did not investigate the
evidence properly and decided the matter out of emotional overtones. Surprisingly,
whereas the same prosecutor submitted that the principal offender and one of his
accomplices should be retried , the judge disregarded this submission and
discharged all the convicts including these two. What is more, two further appeals
by the prosecutor against the decision of the Arsi Zonal High Court did not yield
any reversal of the discharge of the convicts. The perpetrators remain at liberty with
impunity to this day.
111.
These facts and the neat details thereof as alleged by the Complainant are not
disputed by the Respondent State. To the contrary, the Respondent State confirms
these facts. The Respondent State does not also dispute that the treatment which Ms
(1 Alemayehu G. Mariam, 'Crimes Against Womanity: Marriage by Abduction in Ethiopia', Al Mariam >
Commentaries available at < http://almariam.com/2014/09/21/crimes-against-womanity-mariiage-byabduction-in-ethiopia/> (accessed 18 June 2015)