under Article 20 (6) of the FDRE constitution. They also found the provisions contrary to the
principle of equality before the law (Article 25 of the constitution). Based on this decision they
submitted the matter to the House the Constitutional and Regional Affairs Standing Committee.
The issue was sent to the attention of the House of Federation (HoF)
The House (HoF) considered the Proclamation that granted the Federal Supreme Court exclusive
first instance jurisdiction over criminal cases involving senior government officials. Then, the House
by an overwhelming majority, declared Article 8 (1) of Proclamation No. 25/96 and a similar
provision, Article 7 (1) of Proclamation No. 434/05 granting the Federal Supreme Court, the
country„s highest and final judicial organ, first instance jurisdiction over criminal suits involving
government officials to be unconstitutional. The HoF decision rendered the provisions of the
Proclamation null and void. Accordingly, the Federal High Court retained jurisdiction over the case.
This decision has far reaching implication; henceforth, subject to other basis of jurisdiction, cases
concerning all government officials, including members of House of People‟s Representatives, HoF,
Ministers and officials above the rank of Ministers, and judges of the Federal Supreme Court can be
brought before any court.
RIGHT TO LIFE (Article 4)
Constitutional Guarantee
The FDRE Constitution guarantees for Right to Life and provides for the application of the death
penalty for serious Criminal Offences determined by the law. Article 15 of the Constitution reads
„„… Every person has the right to life. No person may be deprived of his life except as a punishment
for most serious criminal offences determined by law.‟‟
Based on the principle set in the Constitution, the Criminal Code envisages the death penalty as a
last resort punishment for serious offences. For instance, crimes such as genocide and war crimes or
crimes against humanity and offenses against an individual such as aggravated homicide might entail
the death penalty under the Code. A thief or a robber or even a killer is more often sentenced to
imprisonment under the criminal laws of the country. But imprisonment is not all. Capital
punishment is envisaged as one of the methods of punishment to be imposed on criminals and the
FDRE Constitution saves a room for application of the death penalty.
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