protect the life of its people from the threat of terrorism. It was carefully crafted in compliance with
human rights laws, as a central element in strengthening our effort to tackle the dangers posed by
terrorist activities. Indeed, the objective of the ATP is to fight terrorism adequately in all its forms.
The Government believes that fighting terrorist activities while protecting human rights is the basis
for the full protection and promotion of fundamental human rights and freedoms. The Criminal
Code under Article 117–120 provide that sentence of death shall be rendered only in cases of grave
crimes and on dangerous criminals. The Principles set under the Criminal Code on Death Penalty
outlines that the punishment will only be prescribed when the Crime is a completed crime and if
there are not any extenuating circumstances; and if the criminal, at the time of the commission of
the crime, has attained the age of eighteen years. A death sentence shall not be carried out unless
confirmed by the President of the State; nor can it be executed before ascertaining non-remission or
non-commutation by pardon or amnesty. Death sentence shall not be carried out on fully or partially
irresponsible or seriously ill person or on a pregnant woman. In the case of a woman with child and
such child is born alive and the mother has to nurse such child, the death sentence may be
commuted to rigorous imprisonment for life. A sentence of death may be commuted or remitted by
way of pardon or amnesty.
The Criminal Code restricts the application of the death penalty only to the "most serious crimes".
Despite this legal framework, the actual execution of death penalty in Ethiopia is noticeably low,
virtually non-existent. Capital punishment is very rarely invoked, and requests for or sentencing has
been minimal, owing to the rigorous procedure required, including approval by the Head of State
and the option of pardon provided under the law. Indeed, the rigorous procedure involved makes it
difficult to implement. After 1992, almost all decisions of death penalty have been commuted by life
imprisonment through pardons. There have only been few instances of the penalty being carried
out. This means that Ethiopian Courts continue the imposition but not execution of death sentences
apart from the most exceptional circumstances. Even in the case of Red Terror charges against
senior officials of the former Military Regime the President reduced the punishment in all cases to
long terms of imprisonment.
In addition to this, there are procedural safeguards that must be respected in all trials that relate to
serious offences. The carrying out of executions without a court judgment pronounced by a
regularly constituted court, affording all judicial guarantees has been upheld. In the Ethiopian legal
system, no person can be sentenced to death without a „trial‟. As elementary as this proposition
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