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)

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