News Analysis: Brutal murder of 7-year-old Heaven Awet provokes outrage, fuels demands for stronger protection of children and women

Addis Abeba – The brutal rape and murder of seven-year-old Heaven Awet in Bahir Dar, Amhara region, has sparked public outrage and ignited intense debate about the effectiveness of Ethiopia’s criminal justice system in protecting its most vulnerable citizens.

On 01 August, 2023, in Kebele 14 of Dagmawi Menelik sub-city, Bahir Dar, a horrific crime shocked the community. Getnet Bayih, a landlord, committed a heinous act against Heaven, the young daughter of one of his tenants. Heaven was brutally assaulted and killed by the convict at her family’s house.

According to the Amhara Justice Bureau, Getnet has a criminal history and was previously in custody before escaping during a period of unrest in Bahir Dar. He was reportedly moving freely before being apprehended and placed under official custody again.

Following the crime, the Amhara Justice Bureau took Getnet into custody and filed two charges of aggravated crime against him. The Bureau stated that based on their investigation and available evidence, they cited relevant articles of Ethiopia’s Criminal Code.

The charges invoked Article 539 for aggravated homicide and Article 620(3) for murder by rape, both of which carry penalties up to and including the death penalty or life imprisonment.

However, after hearing arguments from both sides, the court determined that the evidence supported the charge of murder by rape (Article 620) rather than aggravated homicide (Article 539). Consequently, the suspect was sentenced to 25 years of rigorous imprisonment.

Following the verdict, the convicted criminal appealed to the Supreme Court. Currently, the appeal is under review, with a decision expected next year.

In response, Heaven’s mother brought the case to media attention last week, leading to increased public awareness and anger.

The verdict, viewed by many as lenient given the nature of the crime, has become a flashpoint for public discourse and activism.

Many people are expressing their frustration, arguing that the punishment does not fit the severity of the crime. There are widespread calls for the death penalty to be imposed.

The public response has been swift and vocal.

A social media campaign titled “Justice for Heaven” has gained significant momentum, accompanied by a petition that has already gathered hundreds of thousands of signatures.

The Amhara Justice Bureau has indicated that it is monitoring the case closely.

The Bureau also noted that, if necessary, the appeal could be taken to the Federal Supreme Court.

The intense public interest and activism surrounding the case have not been without controversy.

The Amhara Judges Association expressed concerns in a statement, noting that “the legal system should be based on law and order, and the matter is currently under judicial review. However, pressure on the judiciary, including from the Ministry of Women and Social Affairs via social media, is unwarranted. Such actions can affect judicial independence and the supremacy of law.”

The association emphasized that “social media campaigns calling for certain actions against the accused create undue pressure on judges, who should base their decisions solely on the law and evidence. These campaigns are undermining due process and threatening citizens’ right to a fair trial.”

The Ministry of Women and Social Affairs also commented on the case, stating that the way the appeal was pursued was inappropriate.

Meanwhile, the Bahir Dar city administration condemned the crime, stating that it was a grave offense against social morality and dignity. The administration argued that “the verdict does not sufficiently serve as a deterrent given the severity of the act.”

This case has exposed significant fault lines in Ethiopia’s legal system, particularly regarding crimes against women and children.

Given the shocking incidents we hear about, like fathers harming their own children, I believe that establishing the death penalty, at least for serious crimes like aggravated assault, would be more appropriate.”

Tetemke Yohannes, a legal expert

Legal experts are now calling for a comprehensive review and amendment of the Criminal Code to address these shortcomings.

In an interview with Addis Standard, legal expert and defense attorney Wendimu Ibsa highlighted significant legal gaps regarding crimes committed against women and children in Ethiopia.

He emphasized that “when crimes contravening the country’s laws and basic human rights are committed, relying solely on conventional laws does not bring meaningful change.”

Wendimu advocated for the creation of new legislation that ensures proportional punishment for severe crimes against women and children, stressing the urgency of revising existing criminal laws to adequately address such offenses.

Regarding the right to appeal, he noted, “Although the law allows for appeals, when faced with actions that violate basic human rights, there must be appropriate legal procedures in place.”

Another legal expert, Tetemke Yohannes, echoed these sentiments in his interview with Addis Standard.

He called for stricter penalties in line with international practices, arguing that as crimes like sexual violence and abuse become more prevalent, the government should amend the laws to impose harsher punishments.

Tetemke stressed that, given the increasing frequency of such crimes, simply raising public awareness is not enough. “There is a need for appropriate punitive measures through revised criminal laws,” he added.

Tetemke highlighted the inadequacy of current sentencing guidelines, which range from short-term imprisonment to a maximum of 25 years, considering the sensitive nature and increasing prevalence of such crimes.

He stated that the public is rightfully expressing growing outrage over the leniency of punishments imposed in such cases.

The debate has also reignited discussions about the death penalty in Ethiopia. While capital punishment is stipulated in Ethiopian law, experts say its implementation remains contentious.

Tetemke noted the divergent approaches between Eastern countries, which tend to enforce the death penalty, and Western nations, which generally oppose it.

“Countries like Saudi Arabia and China have a strong track record of enforcing the death penalty,” Tetemke stated. “Additionally, there are other forms of punishment, such as life imprisonment, which need to be evaluated for their effectiveness and potential consequences before being adapted to our context.”

Tetemke further explained that many countries with the death penalty do not enforce it due to concerns about damaging international relations and human rights criticism. However, given the alarming nature of recent incidents, he suggested that establishing the death penalty, at least for serious crimes like aggravated assault, could be more appropriate.

“Given the shocking incidents we hear about, like fathers harming their own children, I believe that establishing the death penalty, at least for serious crimes like aggravated assault, would be more appropriate,” he stated.

Tetemke emphasized that public and civil society organizations must put pressure on the government to better protect women and children, especially in light of the severe attacks they face. AS