Tuesday, March 2, 2021

Granting of Amnesty to Outlaw Who Have participated in Different Crimes Proclamation No 1096-2018

 PROCLAMATION NO 1096/2018 

PROCLAMATION TO PROVIDE FOR GRANTING OF AMNESTY TO OUTLAW WHO HAVE PARICIPATED IN DIFFERENT CRIMES

WHEREAS, it has become necessary to maintain the prevalence of peace and stability of the country and step up the ongoing changes by granting the entire cancellation of criminal liability of persons participated in different criminal offences during the political instability to play their contribution for the development of the country;

WHEREAS, it has become necessary to enhance democratic system development and widen the political atmosphere of the country by granting amnesty and creating conducive environment to get back home for Ethiopians and Ethiopians by origin who found to be in foreign country thinking that their previous political attitude bears criminal responsibility to get back home;

WHEREAS, it is necessary to detach from hatred and distrust of one another and to create national consensus and sense of forgiveness which ensure social, economic and political development;

 

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

1.    Short Title

This Proclamation may be cited as the Granting  of Amnesty to Outlaw Who Have participated in Different Crimes Proclamation No 1096/2018”.

2.    Definitions

In this proclamation unless the context otherwise requires:-

 

1.        “Beneficiary of Amnesty” means a person who is granted amnesty pursuant to this proclamation;

2.      “Terrorist Organization” means a group, association or organization which is composed of not less than two members with the objective of committing acts of terrorism or plans, prepares, executes or cause the execution of acts of terrorism or assists or incites others in any way to commit acts of terrorism or an organization so proscribed as terrorist in accordance with proclamation No 652/2009;

 

3.     “Court” means ordinary or military court.

 

4.   “Person” means natural or artificial person;

 

5.      Any expression in the masculine gender shall include the feminine.

 

3.  Scope of application

This proclamation shall be applicable on persons or organizations suspected for committing or under investigation or charged with or convicted for offences prescribed under sub articles (1) and (2) of article 5 of this proclamation.

 

4.Objective

This proclamation has the following objectives.

 

1.   To involve persons participated in different criminal offences during political instability to play their contribution for the development of the country by granting entire pardoning;

 

2.       To create conducive environment to get back home for Ethiopians and Ethiopians by origin who found to be in a foreign country thinking that their previous political activity bears criminal responsibility .

To detach from hatred and distrust of one another and to create national consensus and sense of forgiveness which ensure social, economic and political development;

 

3. Granting of Amnesty

1.       Person or terrorist organization who have been Suspected or subjected to investigation or who was under prosecution or who have been convicted for committing the following specified criminal offences before June 7 2018, are hereby granted amnesty.

 

A/ Outrages against the Constitution or the Constitutional Order (Criminal Code, Article 238).

B/ Obstruction of the Constitutional Powers. (Criminal code, Article 239).

 

C/ Armed rising or civil war (Criminal Code, Article 240).

 

D/ Attack on the Political or Territorial Integrity  of the State criminal code , Article 241).

E/ Impairment of the defensive power of the state (Criminal Code, Article 247).

F/ Treason (Criminal Code, Article 248 and 249). G/ Collaboration with the enemy (Criminal Code,

Article 251).

 

H/ Espionage (Criminal Code, Article 252).

 

I/ Material preparation of subversive acts (Criminal Code, Article 256).

 

J/ Provocation and preparation (Criminal Code, Article 257).

 

K/ Desertion. (Criminal Code, Article 288).

 

L/ Inciting the public through false rumors (Criminal Code, Article 486).

 

M/ Contravention of Anti-terrorism Proclamation No.652/2009.

N/ Contravention of State of Emergency Proclamation No.1/2017 and proclamation No 2/2018.

 

2.       A person or terrorist organization who committed the crimes indicated under article 1 of this

proclamation is hereby granted amnesty by this proclamation even though those crimes are committed before the enactment of Ethiopian criminal code of 2004,

3. Notwithstanding to sub article 1//L/ of this proclamation, if a crime committed in contravention of sub article 1 of article 3 (1) of anti-terrorism proclamation 652/2009 causes death of a person, the offender shall not be granted amnesty by this proclamation.

 

6    .Confiscation of Property

A Person who granted amnesty by this proclamation shall not have a right to claim the property which confiscated by the order of court by the mere fact that he granted amnesty.

 

7  .Persons who granted Amnesty

 

Any person granted amnesty shall:

 

1.       Have the right to live peaceful life with the community;

2.       Reconcile with his private opponents, if any, as per the custom and usage of his village;

 

3.       Privileged from any follow up or crime investigation or prosecution by law executive organs or released from prison.

 

4.       Required to report to federal general attorney or to regional justice offices within six months from the date of promulgation of this proclamation in person or through agent, by phone or post, through electronics means or any other means of reporting that he return home, returns back to the society to live peace fully and that he is the beneficiary of the amnesty.

5.       Notwithstanding to sub article 4 any person who has not report within six months shall not beneficiary of the amnesty unless a government decided by special conditions.

8. Effective Date

This Proclamation shall enter into force up on the date of approval by the house of peoples Representatives.

 

Done at Addis Ababa, On this 7th Day of September, 2018.

 

MULATU TESHOME (DR.) PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

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