Communication 341/07 - Equality Now v Ethiopia
6.
Furthermore, the Complainants state that from the judgement, it is shown that
instead of supporting Woneishet's case, the Zonal Prosecutor recommended that
the verdict of the lower court be reversed, and stated that he had no objection if the
defendants were set free.
7.
The Complainants claim that upon a further appeal made by the Complainants
against the ruling of the High Court on 3 December 2004, the Oromia Supreme
Court held that there were not sufficient grounds to reconsider the case and
dismissed the appeal. This, the Complainants say, was later reviewed by the
Cassation Bench of the Oromia Supreme Court on 10 October 2005, which held that
there had been no fundamental error of the law in the case.
8.
The Complainants further allege that a final appeal made to the Cassation Bench of
the Federal Supreme Court by the Oromia Prosecutor's office was rejected by the
Federal Cassation Court on 12 January 2006, on the basis that it had no jurisdiction
to hear the case because no error of law had been committed.
9.
The Complainants further state that there was no further avenue of domestic appeal
for the Victim, and that the Government had failed in its obligation under the
African Charter to provide her (Woineshet) equal protection of the law and respect
for her rights to security of person, dignity and freedom from cruel, inhuman or
degrading treatment, as evidenced by the Ethiopian courts.
10.
The Complainants allege that under Ethiopian law, if a person is forced to enter a
contract against her or his will, that contract is rendered invalid. They state that
apart from the Complainant being forced to sign the marriage contract, she was
below the legal age for marriage in Ethiopia.
11.
The Complainants argue that due to the above mentioned facts, the rights of
Woineshet which are guaranteed by the African Charter have been violated by the
government of Ethiopia. They allege that there is a violation of Articles 3, 4, 5, 6,
and 18(3) of the African Charter, and Article 24(3) of the Convention on the Rights
of a Child.
12.
The Complainants argue that under Article 589 of the Ethiopian Penal Code, the
rape of a child under fifteen year of age was punishable by imprisonment of up to
fifteen years, and yet courts in Ethiopia denied justice to the Victim and failed
under international law to provide equal protection of the law.
13.
The Complainants aver that by failing to impose any sanction on those responsible
for the abduction and rape of a 13 year old girl, the Respondent Sfafe \