Pardon

Ethiopia

Ethiopia - Constitution 1994 EN

Chapter Three Fundamental Rights and Freedoms

Part One Human Rights

Article 28 Crimes Against Humanity

(1) Criminal liability of persons who commit crimes against humanity, so defined by international agreements ratified by Ethiopia and by other laws of Ethiopia, such as genocide, summary executions, forcible disappearances or torture shall not be barred by statute of limitation. Such offences may not be commuted by amnesty or pardon of the legislature or any other state organ.

(2) In the case of persons convicted of any crime stated in sub-article 1 of this article and sentenced with the death penalty, the Head of State may, without prejudice to the provisions here in above, commute the punishment to life imprisonment .

Ethiopia - Criminal Code 2005 EN

PART I

GENERAL PART

BOOK II

THE CRIMINAL PUNISHMENT AND ITS APPLICATION

TITLE I

PUNISHMENTS AND OTHER MEASURES AND THEIR ENFORCEMENT

CHAPTER III

MEASURES APPLICABLE TO ADULTS IN SPECIAL CASES

Section III.- Pardon and Amnesty

Article 229.- Pardon.

(1) Unless otherwise provided by law, a sentence may be remitted in whole or in part or commuted into a penalty of a lesser nature or gravity by an act of pardon of the competent authority.
Pardon may apply to all penalties and measures, whether principal or secondary and whatever their gravity, which are enforceable.

(2) The conditions of pardon shall be governed by the relevant provisions of public law. The order granting pardon may determine the conditions to which it is subjected and its scope.
Pardon shall not cancel the sentence the entry of which shall remain in the judgment register of the criminal and continues to produce its other effects .

Rome Statute

Article 17 Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;