Browsing by Author "Mekuria, Milkii"

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    Indigent’s Access to Effective Representation in Criminal Matters Case Study in Adama
    (Addis Ababa University, 2014-06) Mekuria, Milkii; Kedir, Abduletif (PhD)
    The ICCPR has branded legal assistance among the minimum guarantees to which everyone is entitled, in full equality, in the determination of any criminal charge. The convention declares that legal assistance should be provided to an accused where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it. This state duty is also stipulated in several binding and non-binding human rights instruments adopted at regional and international levels. As well, at domestic level the right is recognized under the federal and regional constitutions and subsidiary laws. With respect to the practice, however, this study found that the indigent defence in Adama is in crisis. As it is not built on standards and principles, the indigent defence service failed short of compliance to minimum expectations. There is problem of getting access to the defence service at various stages. Those indigent defendants who get the access are also often represented by lawyers who are inexpert, unenthusiastic and eventful of extra-jobs. Consequently, the rights and the liberties of the poor defendants undergo countless prejudice at all stages of criminal proceedings.