Freedom From Torture, Inhuman or Degrading Treatment or Punishment: The Case of Some Selected Prisons of Oromia National Regional State
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Date
2011-03
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Addis Ababa University
Abstract
Freedom from torture, inhuman or degrading treatment or punishment is one of the few fundamental rights under international human rights law prohibited without any derogation. Violations against this right will inevitability destruct the core theme of human dignity. All dominant international and regional human rights law instruments such as UDHR, ICCPR, ACHPR, ACHR, ECHR and most importantly CAT, provide for the prohibition of violation against this freedom in strict terms. States are under international obligation to ensure the protection of this freedom in all circumstances. Ethiopia also, as a state party to most of these instruments, has a duty to realize the full enjoyment of this freedom under its territory. Oromia National Regional State is the largest region in Ethiopia that has the largest population size- population all deserving the enjoyment of this freedom. On the other hand, prisons are places alleged to be notorious sites where the right of individuals to freedom from torture, inhuman or degrading treatment or punishment can be vastly violated.
The present work, therefore, evaluated the protection of this freedom in some selected prisons of Oromia region in light of international human rights law. In doing so, the writer has analyzed various international, regional, and domestic legal instruments, and relevant cases dealing with the right. After defining the normative content of the right, the writer has assessed five prisons- Woliso, Shashemene, Ambo, Ziway, and Adama- and one center of training for prisoners- Dippo [Adama] Technical and Vocational Training Center. The data collection stage of the work has employed questioner, interview, and field observation as a method of gathering information from prisoners, prison warders, and prison authorities in which more than 200 respondents have been consulted. After conducting serious analysis, the writer has, eventually, reached to the following findings: Except for mild cases of Dippo center of training, the treatment of prisoners in all prisons covered under the study is poor; especially prisoners are suffering from impoverished conditions of accommodation, clothing and bedding, personal hygiene, medical care, sport and exercise, library and book, work, education and training, separation of categories, and lack of compliant procedures. There is grave violation against prisoners’ right to freedom from torture, inhuman or degrading treatment or punishment, except in Dippo center of training. There is no well organized training program on human rights and treatment of prisoners arranged for prison warders. There is no experience in which persons (prison warders or authorities) who violated this freedom had been prosecuted. The work has, finally, recommended plausible solutions to strengthen the protection of this freedom in these prisons.
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Freedom from torture, inhuman or degrading treatment, or punishment is one of the few