Browsing by Author "Simeneh Kiros"

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    Anti-Suit Injunction in International Arbitration
    (Addis Ababa University, 2016-02) Solomon Girma; Simeneh Kiros
    The involvement of national courts is essential to the overall effectiveness of arbitration, both ill domestic and inferna/iollai level. Howev er, anti-suit injunction as an instrul'nent of terrl/inating or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are varies between fo rced cohabitation and true partnership. Moreo ver, a marked increase of allti- suit il/jullctiolls issued by both Arbitral Tribunals and National Courts has been seen recently. This thesis, there/ore, identifies the power of both national courts and arbitral tribunals towards issuing anti-suit injunction in international arbitration. In addition, compatibility of anti-suit injunction with the general pU/poses and principles of international arbitration have been critically scrutinized. Furtherll7ore, the legal effect of anti-suit illj unctioll in international arbitratioll is addressed in detail. Finally, after a profound analysis Oil the above three areas of controversies in illtemational commercial arbitration, the thesis atg ues that since anti-suit injunct ion is a new trend in international arbitration, both National Courts and Arbitral Tribunals should always exercise this power with due care because th eir effects may be more harmjid than the problem they are seeking to resolve it.
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    Constitutional and Public Laws Stream Probation under Ethiopian Criminal Justice System the Law and Practice
    (Addis Ababa Unversity, 2018-06) Solomon Yohannes; Simeneh Kiros
    The study deals with the legal framework and practice of probation in the Ethiopian criminal justice system. The significance of probation has greatly enlarged and acquired substantial support in the modern criminal justice system. Probation should be allowed by means of due care. To do this, there should be conditions to be followed and institutions mandated with the duty to follow up the probationer to implement the probation. There should be responsible institution whether it is governmental, nongovernmental or mixed according to the situations of a given country. The same is true in Ethiopia because the concept of probation is incorporated in our criminal justice system in both substantive and procedural laws. Since the beginning of 19th century, many countries incorporated the concept of probation in their criminal justice system. Researches show the efforts to update the procedures and application of probation at national and international level. But in Ethiopia, decades have passed without modernizing the concept of probation although it is significant; it is being applied without systematic mechanisms. Since probation is one of the mechanisms of implementing punishment, it should be applied in light of theories of punishment, principally the reform and rehabilitation of the probationer which is recognized in the FDRE Criminal Code and integration of them into the community. The Code provides purposes, mechanisms and the effects of probation. It further emphasizes that remittance of a sentence where the probation is successfully undergone. But in practice, there is a problem of implementation of probation particularly, evaluating the behavior, supervising, controlling, assessing the outcome are missing points. Besides, although decades passed since Ethiopia enacted modern Criminal Code, there is no institutional set up that manages probation effectively. Considering these problems, discussion is made by taking international standards and trends of other countries in assumption of getting lessons from them to increase understanding of justice organs concerning the concept of probation and to identify gap filling mechanisms to practical problems, in case of non uniformity of the administration of probation. Lastly, the effects of successfully undergone probation are addressed.
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    The Constitutionality of non Disclosure of Witness’s Identity for the Criminal Defendant In Ethiopia
    (AAU, 2020) Desta Mesfin; Simeneh Kiros
    The objective of this thesis is to investigate and analyze the constitutionality of non-disclosure of witness’ identity and its impact on the right of the accused to a fair trial, cross-examination, and confrontation in Ethiopia. For the purpose of this research qualitativemethodology is used. Both secondary and primary data were collected. As far as secondary sources areconcerned; books, journal articles, and government enactments are analyzed.. Laws and cases were taken as a primary source. In addition to these key informants, interviews were done with thirteenpersons as primary sources. For this purpose the research analyzed to answer thequestion does the laws and the practices which affirm for the non-disclosure of witness’s identity are compatible with the constitutional and human rights principles of accused persons in Ethiopia.As the analysis of data shows, there are proclamations that allow for non-disclosure of witness’s identity in Ethiopia. Among them, the Revised Proclamation to Provide for Special Procedure and Rules of Evidence on Anti-corruption, the Prevention and Suppression of Terrorism Crimes Proclamation, and the Protection of Witnesses and Whistleblowers of Criminal Offences Proclamation are some of them. They violate the constitutional rights to confrontation, cross- examination, and fair trial of accused persons. In addition to those laws, the practice done by the Federal Attorney General, Courts, and Council of Constitutional Inquiry concerning the non- disclosure of witnesses identity to accused person also show that the government is giving decisions incompatible with the Federal Democratic Republic of Ethiopia Constitution. Therefore the thesis paper recommends for the amendment of those proclamations in relation to the provisions which allow for non-disclosure of witness identity for accused persons or if those laws are not amended the constitutionality of those provisions should be submitted to the House of Federation for constitutional interpretation and make void pursuant to article 9/1 of the FDRE constitution
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    Crimes Against Humanity in the Ethiopian Criminal Justice
    (Addis Ababa University, 2020) Meku Degu; Simeneh Kiros
    Crimes against humanity have existed since time immemorial. However, they were criminalized by the International Military Tribunal for the first time. The International Criminal Tribunal for the Former Yugoslavia Statute, the International Criminal Tribunal for Rwanda Statute and other UN monitored special and extraordinary tribunal statutes provided for crimes against humanity. The Rome Statute has also provided for crimes against humanity as core international crimes in an effort to fight impunity. Crimes against humanity are not defined in Ethiopian criminal laws. Ethiopia is not a party to the Rome Statute. But some acts committed in Ethiopia constitute what is to be understood as crimes against humanity under international law. Fighting impunity from crimes against humanity based on customary international law and direct application of international law by domestic courts of Ethiopia is hardly possible. So, Ethiopia needs to come up with solutions that help fight impunity from crimes against humanity.
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    Crimes against Humanity in the Ethiopian Criminal Justice
    (AAU, 2020) Meku Degu; Simeneh Kiros
    Crimes against humanity have existed since time immemorial. However, they were criminalized by the International Military Tribunal for the first time. The International Criminal Tribunal for the Former Yugoslavia Statute, the International Criminal Tribunal for Rwanda Statute and other UN monitored special and extraordinary tribunal statutes provided for crimes against humanity. The Rome Statute has also provided for crimes against humanity as core international crimes in an effort to fight impunity. Crimes against humanity are not defined in Ethiopian criminal laws. Ethiopia is not a party to the Rome Statute. But some acts committed in Ethiopia constitute what is to be understood as crimes against humanity under international law. Fighting impunity from crimes against humanity based on customary international law and direct application of international law by domestic courts of Ethiopia is hardly possible. So, Ethiopia needs to come up with solutions that help fight impunity from crimes against humanity.
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    Determination of Criminal Punishment under Federal Legislations in Ethiopia
    (Addis Ababa University, 2018-06) Tekleweld Tilahun; Simeneh Kiros
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    Examining the Ethiopian Corruption Crimes Proclamation: Focus on Private Sector Regulation
    (Addis Ababa University,, 2020-06) Hussen Mohammed; Simeneh Kiros
    Since the drafting of the Corruption Crimes Proclamation, the rationale behind of the law has been challenged by objection in light of the private sector regulation. In this regard the major criticism has been the non-existence of administrative power in the private sector and necessity of the proclamation to the sector. This study is aimed at examining the proclamation in general to assess the scope of its application, the law-making process, and to investigate whether it is consistent with criminal law principles and international bill of rights in which Ethiopia is a party. Qualitative data gathering techniques are employed to undertake mixed research. Using purposive sampling technique, 2 drafters of the proclamation are selected for an in-depth interview, mainly to get adequate data that can enable the researcher to examine the purpose, the law-making process, and the scope of application of the proclamation. The study has revealed that there is a discrepancy between the legal rationales stated in the preamble of the proclamation to justify its purpose with that of the similarity of the corruption crimes in public and private sector, the principle of necessity and the principles of ultima ratio (criminal law as a last resort). Hence, the justifications are disproved due to the similarity of the acts and are found inconsistent with the CM Directive, the regulation of the HPR, and with accepted criminal law drafting/making process. Moreover, the law cited both AUCPCC and UNCAC to support its rationales, but they are found to be inconsistent. The study also has concluded that the HPR has enacted this proclamation without deep examination, and has failed to fulfill the governing rules of the law-making process. The purpose of the proclamation is not compatible with international criminal law principles and with the international bill of rights which Ethiopia is a party and also with the FDRE Constitution, Article 17(1).
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    Examining the Ethiopian Corruption Crimes Proclamation: Focus on Private Sector Regulation
    (AAU, 2020-06) Hussen Mohammed ; Simeneh Kiros
    Since the drafting of the Corruption Crimes Proclamation, the rationale behind of the law has been challenged by objection in light of the private sector regulation. In this regard the major criticism has been the non-existence of administrative power in the private sector and necessity of the proclamation to the sector. This study is aimed at examining the proclamation in general to assess the scope of its application, the law-making process, and to investigate whether it is consistent with criminal law principles and international bill of rights in which Ethiopia is a party. Qualitative data gathering techniques are employed to undertake mixed research. Using purposive sampling technique, 2 drafters of the proclamation are selected for an in-depth interview, mainly to get adequate data that can enable the researcher to examine the purpose, the law-making process, and the scope of application of the proclamation. The study has revealed that there is a discrepancy between the legal rationales stated in the preamble of the proclamation to justify its purpose with that of the similarity of the corruption crimes in public and private sector, the principle of necessity and the principles of ultima ratio (criminal law as a last resort). Hence, the justifications are disproved due to the similarity of the acts and are found inconsistent with the CM Directive, the regulation of the HPR, and with accepted criminal law drafting/making process. Moreover, the law cited both AUCPCC and UNCAC to support its rationales, but they are found to be inconsistent. The study also has concluded that the HPR has enacted this proclamation without deep examination, and has failed to fulfill the governing rules of the law-making process. The purpose of the proclamation is not compatible with international criminal law principles and with the international bill of rights which Ethiopia is a party and also with the FDRE Constitution, Article 17(1).
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    Examining Victim’s Right to Challenge Prosecutioral Decissions.
    (Addis Ababa University, 2023-11) Eyayu Nurbeje; Simeneh Kiros
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    Legal and Institutional Framework for Stolen Asset Recovery in Ethiopia
    (Addis Ababa University,, 2020-05) Endalkachew Worku; Simeneh Kiros
    Stolen asset recovery is the whole process of recovering illicit proceeds from all crimes and returns them to their owners. The proceeds from the perpetration of a criminal action are often transferred to other countries for laundering purposes. This hinders the government to use these assets for the benefit of the people. The restitution of the assets obtained through crime is regarded as a fundamental principle UNCAC. To have effective stolen asset recovery system countries must have strong policy, law and institution. Having strong stolen asset recovery system serve also as deterrent effect and achieve the maxim ‘crime should not pay’. This article critically examine the existing Ethiopian Stolen Asset Recovery system. Although in Ethiopia there are some laws scatteredly dealing with some element of stolen asset recovery, there are still remaining gaps that should be addressed are indicated in this article.
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    Legality of Travel Ban on Persons on Bail
    (Addis Ababa University, 2024-04-01) Andinet Beyene; Simeneh Kiros
    The right to bail is a fundamental right guaranteed to arrested persons stipulated under the FDRE Constitution, Crim.P.C and international human rights instruments Ethiopia has adopted. Bail is a principle and it should be denied under exceptional circumstances. Arrested persons are presumed innocent until proven otherwise, as they are not even charged with a crime. Once arrested persons are freed on bail they should enjoy their rights equally as others as they are presumed to be innocent. One of the basic rights which is also enshrined in the FDRE Constitution and international human rights instruments is the right to leave a country. This right implies that a person has a right to leave a country on a time of his choosing. In the FDRE Constitution, there are no exceptions or limitations to the right. The Crim.P.C also does not discuss a possible ban on individuals who are suspected of committing a certain crime when it illustrates the procedural aspect of criminal law. In addition, the fundamental rights and freedoms specified in the constitution are to be interpreted in a manner conforming to the principles of the UDHR, ICCPR and international instruments adopted by the country. Even though, the right to leave a country is a fundamental right, federal courts ban bailed individuals from leaving the country without legal and factual justifications. The travel ban adversely affects bailed individuals. In order to analyzestate of the law and the gaps in practice, the researcher has used mixed research methods of doctrinal and empirical research studies. In addition, the researcher has also used qualitative research method by discussing legal rule analysis, case study and analysis of practice. The researcher has found out that there are no laws exceptthe revised anti-corruption special procedure and rules evidence proclamation concerning corruption crimes,which stipulate a possible ban on right of movement. The practice of ban is in clear transgression of the rights or bailed individuals enshrined in FDRE Constitution and international human rights instruments
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    Limiting Criminalising Power of the State in Ethiopia
    (Addis Ababa University, 2020-09-01) Simeneh Kiros; Sisay Alemahu
    Criminal law is the most effective social control tool discovered yet. It prohibits certain conducts and punishes the violation of such prohibition. The legitimate end of criminal law in society is the protection of the ‘common good’. As custodian of all public coercive power, the state adopts criminal law. However, the instrumental and positive nature of criminal law makes it malleable to excessive use; thus, in not few cases, criminal law is used to achieve other ends. This study is about limiting the state’s use of criminal law to achieve only the legitimate end of criminal law by finding normative and procedural (formal) limitations. The normative aspect of the doctrine of legal good is one substantive limitation that is meant to guide the exercise of such coercive lawmaking power. This doctrine maintains that criminal prohibitions and punishments could be justified by the protection of the common good, provided there is no other less intrusive means. Both the prohibition and the consequence part of the criminal rule is a limitation to the individual right. The bill of rights is another substantive limitation which is given effect through the doctrine of legal good. In the adoption of public policies, including criminal lawmaking, the law of proportionality is used based on the principle theory of rights. The bill of rights give the doctrine of legal good a constitutional foundation making the latter beyond the reach of the lawmaker which might otherwise disregard it at will. Despite the content of the doctrine of legal good may be subject to a reasonable disagreement, a fair and democratic lawmaking process helps to come up with criminal law that is not so disagreeable. The formal limitations to the use of criminal law relates to legislative and adjudicative methods in criminal law. Thus, legisprudential methods help the lawmaker to come up with a rational law while the jurisprudential methods help the court to render a fair judgment under the circumstances. The judicial method is particularly guided by postulates, such as the principle of legality, the principle of unity of legal system and the principle of lenity, which define both the content and application of the criminal law. This study is legal research. It examines the content of the positive criminal law, the rules and processes of criminal lawmaking, and how the courts determine criminal guilt and punishment in individual cases. As such, it relies on the dogmatic interpretation of the positive criminal law, applying legal doctrines and principles. However, as the Constitution adopts a non-positivist theory of law, the positive criminal law is evaluated against those constitutional values. Because the legitimate end of criminal law is protection of the common good, judicial interpretation also uses hermeneutic interpretation method in order to better determine the content of the common good. The study finds that there is excessive use of criminal law by the lawmaker in order to also achieve administrative and political ends in Ethiopia. This is because of the excessive involvement of the executive in bill initiation and the lawmaking process, including delegated criminal law making and the passive role of the lawmaker. Besides, those doctrines, that guide the interpretation of criminal law would have eased the negative impacts of the criminal law, are disregarded by the court. This resulted in a situation of criminalisation by the court
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    Prosecution of Atrocious Crimes in Ethiopia: The Practice of Federal Prosecution in Metekel and Kamashe Zone of BGRS
    (Addis Ababa University, 2023-08) Yayeh yenealem Admas; Simeneh Kiros
    There were large-scale, deliberate attacks against members of ethnic groups in Ethiopia. These attacks may constitute atrocious crimes, i.e. crimes against humanity, crimes of genocide and war crimes. Since the government’s reform in 2018, there were ethnic-based attacks in Benishangul Gumuz Regional State; Metekel and Kamashe zone. The perpetrators of the atrocities were prosecuted for crimes against the national state. However, the acts of the perpetrators may constitute crimes against humanity. Therefore, they should be prosecuted for crimes against humanity. On the other hand, though perpetrators were prosecuted for ordinary crimes, the prosecution was not effective. Most of the defendants did not appear before the court and the charge of some of the defendants were withdrawn by the Ministry of Justice on the ground of public interest. However, there is no guideline to determine which factors are to be considered as a public interest to decide the withdrawal of the charge. As a result, most of the defendants were not made accountable to their wrongdoing. It hurts the public trust in the criminal justice system. This thesis examines the prosecution of atrocious crimes in this mentioned regional state and the gaps and impacts of the gaps on the criminal justice system.
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    Real Time Dispatch and Presumption of Innocence under Criminal Division of Federal Courts in Addis Ababa
    (Addis Ababa University, 2018-06) Tsige Yemane; Simeneh Kiros
    Real Time Dispatch is a system to expeditious the criminal justice proceedings. Its aim is to make the process of criminal proceedings speedy and to render a decision within a short period of time by ensuring the protection of the accused person’s right. The procedural safeguards accorded to the accused person in Ethiopia are the right to fair trial. The concept of fair trial incorporates the principle of the right to the presumption of innocence, right to understand the nature and cause of the charge, right to adequate time and facilities to prepare a defense, right to equality, right to public hearing etc. Ensuring protection of the right to presumption of innocence is the cornerstone of other procedural safeguards and for just decision. This study examines the practical implementation of Real Time Dispatch vis-a-vis presumption of innocence under criminal division of Federal Courts normally residing in Addis Ababa. The study has identified the potentials and limitations of Real Time Dispatch system implementation under criminal division of Federal Courts in Addis Ababa and in particular, its impacts upon the right to presumption of innocence. Finally, the researcher has made some recommendations that could rectify the existing problem in the criminal justice administration under criminal division of Federal Courts in Addis Ababa.
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    Right of the Accused in Discontinued Cases for Absence of Witnesses in Ethiopian Criminal Proceedings: The Law and the Practice
    (Addis Ababa, Ethiopia, 2024-05) Henok Aregahegne; Simeneh Kiros
    The Constitution of Federal Democratic Republic of Ethiopia under article 20 recognize the right of accused persons. The criminal case disposal procedure aims to enhance the efficiency of the criminal justice system while safeguarding the constitutionally and internationally recognized rights of accused. The prosecutor has the burden to prove the case against the accused beyond reasonable doubt. When witnesses for the prosecution or the defense are not present, Courts have discretion to adjourn the case where the interests of justice so require based on article 94/2/b/ of criminal procedure law. In practice, after repeated adjournments are given cases are discontinued for absence of prosecution witnesses and the court orders the prosecutor the right to resume proceedings when they get the witnesses which adversely affects the rights of the accused. There is no clear provision that deal the extent article 94 and 95 of the cr.pro. code apply to deal with repeated adjournment. Thus compared to addressing the absence of witnesses by applying article 94 and 95 the courts approach is preferable. However, the courts approach has its own problem and inconsistent with the recognized rights of accused which has been exhaustively discussed in the paper. In conducting this research, quantitative and qualitative research method has been used. In line with this methodology, the research mainly relies on the following sources of data. First, the researcher tries to examines existing laws and their provisions, articles, journals, and court decisions regarding the rights of accused in cases where proceedings are discontinued due to absence of witnesses. Second, based on information obtained through questionnaires from the concerned officials such as judges, public prosecutors, and lawyers and Cases reviewed, randomly selected discontinued cases for absence of witnesses from federal high court and first Instance court try to investigate and analysis of the practice as well as its effect on the rights of accused. Other countries laws and experiences are also reviewed for the purpose of analyzing the Ethiopian. In conclusion the discontinuance of legal proceedings has far-reaching implications, affecting both the accused and the judicial system. Therefore, the research tries to analyze the legality of this mode of adjudicating criminal cases, impacts on the rights of accused and recommends enacting a law concerning absence of prosecution witness, dealing specific time within which a trial commences, and implementing a system of managing and tracking the court cases.
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    Selective Criminal Prosecution Vis a Vis Prosecutorial Discretion in Ethiopian Criminal Justice System: Theory and Practice
    (Addis Ababa University, 2017-02) Nabiyu Mikru; Simeneh Kiros
    The universal recognition of human rights in general and the right to equality in particular as inviolable human rights coincided with the consolidation of prosecutorial discretion in charging decisions which led to an interesting and intricate process that explores the mutual influence of these developments on each other and search for an ideal reconciliation between them. The paper set to lay bare how the right to equality before the law might be jeopardized by the unmitigated discretion given to the prosecutor to name defendants with special emphasis on the experience in Ethiopia. Chapter one tries to set the scene by exploring the concepts of prosecution, prosecutorial decision making and the right to equality. A compressive discussion is provided in an attempt to shed light on the origins and development of the concepts and the latent tension between them. Chapter two will comparatively study how selective prosecution is handled in different national jurisdictions and international tribunals. Chapter three explores the constitutionality and admissibility of the defense of selective prosecution and the problems associated with invoking and proving such claims in Ethiopian criminal justice system. Finally a conclusion and a possible recommendation to tackle the problem will be provided.
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    Selective Criminal Prosecution Vis a Vis Prosecutorial Discretion in Ethiopian Criminal Justice System: Theory and Practice
    (Addis Ababa, Ethiopia, 2017-09) Nabiyu Mikru; Simeneh Kiros
    The universal recognition of human rights in general and the right to equality in particular as inviolable human rights coincided with the consolidation of prosecutorial discretion in charging decisions which led to an interesting and intricate process that explores the mutual influence of these developments on each other and search for an ideal reconciliation between them. The paper set to lay bare how the right to equality before the law might be jeopardized by the unmitigated discretion given to the prosecutor to name defendants with special emphasis on the experience in Ethiopia. Chapter one tries to set the scene by exploring the concepts of prosecution, prosecutorial decision making and the right to equality. A compressive discussion is provided in an attempt to shed light on the origins and development of the concepts and the latent tension between them. Chapter two will comparatively study how selective prosecution is handled in different national jurisdictions and international tribunals. Chapter three explores the constitutionality and admissibility of the defense of selective prosecution and the problems associated with invoking and proving such claims in Ethiopian criminal justice system. Finally a conclusion and a possible recommendation to tackle the problem will be provided.
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    Setting the Amount of Bail under Ethiopian Federal Courts: A Case Study in Federal first Instance Court
    (AAU, 2023-06) Mulatu Gonfa; Simeneh Kiros
    This study focuses on the determination o f the amount o f bail. To date amount o f bail has been determined by the discretion o f judges. The right to bail is recognized under International Human Rights Instruments to which Ethiopia is a member, propagates the application and determination o f bail should be similar for similar cases. The amount o f bail fixed has an effect on the attendance and non-attendance o f the suspect before court o f law. The study used both a mixed approach o f qualitative and quantitative research approach in which case observations, interviews and court case analyses were employed. Interviewees o f the senior Judges, prosecutors and Advocates with the recommendation o f their respective institutions were used. The benches in Federal First Instance courts were selected on purposive sampling because they are largest in terms o f the number o f criminal cases brought to them. The case files from the selected benches were taken on random sampling technique. Among the factors that judges take in to account in determining the amount o f bail in Federal First Instance Court are the income and conditions o f the accused, the gravity o f the crime, the counts o f the crime. Decisions on the amount o f bail for suspect/accused at Federal First Instance Court are neither predictable nor consistent as the study has found out. Judges do not give the similar weight for factors that are necessary to be considered in bail decision. They appreciate the factors that are used for determining bail amount differently and some decisions lack clarity which has resulted in differences in the decisions. Hence, the decisions on the quantum o f bail are not uniform depending on the conditions in which the suspects are in. Since there is no sufficient law or directive as to what amount to decide on bail, The current inconsistency and non-uniformity in the application o f bail right can be cured via bail schedule containing the highest and the lowest amount and discretion o f judges within it so that it ensures the very purposes o f bail. In addition the gap observed in the inconsistency of decisions requires training o f judges on bail law. In doing so, Federal First Instance Courts management shall create conducive conditions for training ofjudges on bail amount fixation.
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    The Fate of Illegally Obtained Evidence in Ethiopian Criminal Process
    (Addis Ababa University, 2025-01-01) Habtamu Getahun; Simeneh Kiros
    Evidence has an enormous role in determining truth in criminal proceedings in the administration of justice. All types of evidence are not admitted unless they are relevant to the matter and not subjected to the exclusion rule. Except for coerced confessions, the FDRE Constitution doesn’t have an express exclusionary rule on whether illegally obtained evidence is admissible or not. The researcher primarily investigated the effects of constitutional rights violations in criminal proceedings involving illegally obtained evidence. This thesis discussed the protection of defendants against illegally obtained evidence using court cases and practical knowledge of judges and prosecutors. Particular attention is given to confessions obtained in violation of the procedure rights of the defendants and evidence obtained in violation of the rights to privacy. One of the thesis's findings is that courts' practical decisions demonstrate that they are unable to adequately enforce defendants' constitutional rights in the context of illegally obtained evidence. Some practical cases show that the court failed to apply constitutional principles and rights such as the presumption of innocence, procedural rights, and the right to privacy. The researcher argues that the court should apply FDRE Constitution provisions when determining the admissibility of illegally obtained evidence. The presence of inconsistence between the law governing the disposition of illegally obtained evidence and practice would violate the rights of arrested and accused persons, as well as fundamental principles and rights. As a result, some rules governing the admissibility of illegally obtained evidence require revision. Moreover, courts should carry out their duty of enforcing constitutional provisions. Key Words: Evidence, Admissibility, Illegally Obtained Evidence, Confession, and Defendants’ Rights
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