Date of publication:
03/13/2025
Ethiopia
Do domestic laws and policies include provisions of human and dignified conditions of detention for forcibly displaced and stateless persons?
Assessment by population
Analysis
The FDRE constitution, under article 18, emphasizes that everyone has the right to protection against cruel, inhuman, or degrading treatment or punishment. It further states under article 21 that all persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity and they shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councilors, medical doctors and their legal counsel. Also, according to article 35(2) of the Federal Prisons Establishment Proclamation No. 365/2003, a prisoner shall have the right to be protected from degrading, inhumane and cruel treatment or from treatment that endangers his health.
In addition, art 110 of the Criminal Code of Ethiopia provides the segregation of prisoners based on their status i.e. prisoners of different sexes shall serve their sentences in different prisons and, in default of this, prisoners of different sexes shall be kept in different sections of the same prison and shall not be allowed to mix with prisoners of the other sex; Prisoners who are sentenced to rigorous imprisonment or special confinement shall be kept separate from prisoners under the age of eighteen years or from adult prisoners who are serving a sentence of simple imprisonment.
Related provisions of domestic law or policy
Criminal Code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No. 414/2004
- Year: 2005
- Type: Domestic law
- Rights Category: Work & Workplace rights
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2005/en/63782
Legal provision
Article 35(2) - Protection from degrading treatment
A prisoner shall have the right to be protected from degrading, inhumane and cruel treatment or from treatment that endangers his health.
Article 110 - Separation of Sexes and Segregation
(1) Prisoners of different sexes shall serve their sentences in different prisons and, in default of this, prisoners of different sexes shall be kept in different sections of the same prison and shall not be allowed to mix with prisoners of the other sex. (2) Prisoners who are sentenced to rigorous imprisonment or special confinement shall be kept separate from prisoners under the age of eighteen years or from adult prisoners who are serving a sentence of simple imprisonment. (3) Prisoners awaiting judgment or persons detained for civil debts, or public servants who, by virtue of their official duty, had contact with prisoners and who are imprisoned for a crime or detained for civil debt shall be kept separate from prisoners serving sentence.
Article 424 - Use of Improper Methods.
Any public servant charged with the arrest, custody, supervision, escort or interrogation of a person who is under suspicion, under arrest, summoned to appear before a Court of justice, detained or serving a sentence, who, in the performance of his duties, improperly induces or gives a promise, threatens or treats the person concerned in an improper or brutal manner, or in a manner which is incompatible with human dignity or his office, especially by the use of blows, cruelty or physical or mental torture, be it to obtain a statement or a confession, or to any other similar end, or to make him give a testimony in a favourable manner, is punishable with simple imprisonment or fine, or in serious cases, with rigorous imprisonment nor exceeding ten years and fine. Nothing in this Article shall affect the concurrent application of the relevant provision where the act constitutes an additional crime.
Constitution of Federal Democratic Republic of Ethiopia (FDRE)
- Year: 1995
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1995/en/18206
Legal provision
Article 18(1) - Prohibition against Inhuman Treatment
Everyone has the right to protection against cruel, inhuman, or degrading treatment or punishment.
Article 21 - The Rights of Persons Held in Custody and Convicted Prisoners
All persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity. 2. All persons shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councilors, medical doctors and their legal counsel.
Federal Prison Proclamation No.1174/2019
- Year: 2019
- Type: Domestic law
- Rights Category: Freedom of movement, Liberty & security of person
- Link to external source: https://www.lawethiopia.com/images/latest%20proclamations/1174_2012%20%E1%8B%A8%E1%8D%8C%E1%8B%B0%E1%88%AB%E1%88%8D%20%E1%88%9B%E1%88%A8%E1%88%9A%E1%8B%AB%20%E1%89%A4%E1%89%B5%20%E1%8A%A0%E1%8B%8B%E1%8C%85.pdf
Legal provision
Article 32 - General principle
1/ A prisoner shall have the right to be treated during his stay in prison with full respect of his rights, dignity and health. 2/ A prisoner shall have the right to be protected from degrading, inhumane and cruel treatment or from treatment that endangers his health. 3/ Without prejudice to Article 34 of this Proclamation there shall be no discrimination on the treatment of prisoners based on gender, age, nationality, ethnicity, language, reason for detention, religion, political opinion, economic and social conditions, or any other similar conditions.