A/HRC/44/49/Add.3 government or likewise is proved, as provided under paragraph 1 of article 3 of the legislation, then there could be no prosecution. 13. Paragraph 27 - Regarding the concern raised in the report about the punishment foreseen in the new law to combat terrorism which allows for 15 years to life in prison or even death penalty which the SR considers to be “harsh” and against the general approach that death penalty should be imposed in exceptional circumstances and for the most serious crimes, we believe, taking into account the hideous nature of acts of terrorism, the punishment is appropriate in the most extreme circumstances. Necessity of such rigorous measures has also been affirmed by UN Anti-Terrorism Conventions and the Palermo Convention. Although the penalty for the crime ranges from fifteen years to life imprison or death, it does not mean all the stipulated offences incur death penalty and long-term imprisonment. The penalties in the legislation are applied consistently with the provisions of the Criminal Code of the FDRE and the Sentencing Guidelines of 2010 and 2013 issued by the Federal Supreme Court of Ethiopia. The Criminal Code, under Article 117 states “sentence of death shall be passed only in cases of grave crimes and on exceptionally dangerous criminals”. This confirms with the ICCPR requirement of death penalty imposition for “most serious crimes”. Moreover, as per the Sentencing Guidelines issued by the Federal Supreme Court, death penalty is imposed only on the most serious criminal offences and in the absence of any extenuating circumstances. 14. Paragraph 28 – While the Government of Ethiopia acknowledges that the former antiterrorism legislation was vague in its definition of what constitutes “terrorism” and that there it had often been used to stifle political dissent, its application as it relates to the June 2019 incident in the Amhara Regional State and the assassination of the Chief of staff of the FDRE Armed Forces in the capital city is legitimate for a number of reasons. First, application of the law cannot be challenged merely because a successor legislation was being drafted. The law was only repealed after a successor law was adopted by parliament on January 2020. Secondly, despite defects in the former law’s definitional article, the June 2019 assassination of the President and cabinet members of the Amhara Regional State and the Chief of Staff of the Armed Forces with the objective of achieving a political agenda was clearly a crime of terrorism; both in the old and new anti-terrorism proclamations as well as accepted international standards. We urge the Special Rapporteur to take a closer look at the facts constituting the June 2019 attempted coup. 15. Paragraph 29 line 5, with regards to the allegations that ‘prosecutorial and police forces continue to employ the same tactic in the face of political dissent’, it is found to be an unsubstantiated claim and runs the risk of a one-sided assessment. The measures taken in Ethiopia in the past two years are the first of its kind in the recorded history of the nation. Just in a span of one month in March 2020, H.E President Sahlework Zewde have pardoned 5570 prisoners who were under federal custody. Regional governments have also taken significant measures. The widening of political and democratic space has ensured the untampered flow of ideas and this gesture has been well recognized equally both at home and abroad. There could be some specific incidents though it cannot be generalized as a system-led tactic which is against the very principle of constructive engagement. Therefore, we request for a balanced reflection. 16. Paragraph 33 – While we do not share the assessment that the definition of Hate speech and Disinformation is overbroad and does not meet international standards, utmost care is being taken to ensure that the law is not abused during implementation. Successive trainings are being provided to law enforcement, the judiciary and the general public on the objective, content and proper application of the law. As with all other laws, subsidiary legislations including regulations and directives will be issued, as the need arises, to ensure proper application of the law. 17. Paragraph 34 – on the concern that the Hate Speech and Disinformation law could lead to penalties imposed on those who merely re-post or otherwise share content deemed “hate speech” or “disinformation” and that the law carries penalties of 50,000 – 100,000 Birr in addition to providing for a maximum prison sentence of five years, which is considered by the SR, to be very significant, it is important to note that the maximum penalty imposed by 5