Browsing by Author "Wondwossen Demissie"

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    Compensation for Wrongful Arrest in International Law and Ethiopian Legal System
    (Addis Ababa University, 2021-06) Tayech Gashaw; Wondwossen Demissie
    Despite the fact that unlawful and arbitrary detention is common in Ethiopia, the practice of demanding compensation for such detention is weak.. Furthermore, this study found that there is criminal liability, civil liability, and disciplinary actions under the Ethiopian legal system for unlawful and arbitrary arrest and detention. Moreover, the study found that Ethiopia has not ratified optional protocols or made sufficient declarations allowing individuals to lodge lawsuits against the State alleging violations of the United Nations Human Rights treaties and Furthermore, because Ethiopia has not declared and accepted the African Court of Human Rights' jurisdiction, individual victims of human rights in Ethiopia are not eligible to seek justice before the Court. Although a claim for compensation decision can be made based on the Ethiopian Tort Law, Criminal law and the international law that Ethiopia has ratified, the payment of compensation for the damage is difficult to apply for. The paper incorporates glimpse of recent practical unlawful and arbitration arrest and detention and identified the gaps in the Ethiopian legal system regarding compensation for unlawful and detention.
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    Compensation for Wrongful Arrest in International Law and Ethiopian Legal System
    (Addis Ababa,University, 2021-06) Tayech Gashaw; Wondwossen Demissie
    Despite the fact that unlawful and arbitrary detention is common in Ethiopia, the practice of demanding compensation for such detention is weak.. Furthermore, this study found that there is criminal liability, civil liability, and disciplinary actions under the Ethiopian legal system for unlawful and arbitrary arrest and detention. Moreover, the study found that Ethiopia has not ratified optional protocols or made sufficient declarations allowing individuals to lodge lawsuits against the State alleging violations of the United Nations Human Rights treaties and Furthermore, because Ethiopia has not declared and accepted the African Court of Human Rights' jurisdiction, individual victims of human rights in Ethiopia are not eligible to seek justice before the Court. Although a claim for compensation decision can be made based on the Ethiopian Tort Law, Criminal law and the international law that Ethiopia has ratified, the payment of compensation for the damage is difficult to apply for. The paper incorporates glimpse of recent practical unlawful and arbitration arrest and detention and identified the gaps in the Ethiopian legal system regarding compensation for unlawful and detention.
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    Constitutionality of Burden and Standard of Proof under Prevention and Suppression of Trafficking in Persons and Smuggling of Persons Proclamation No 1178/2020
    (Addis Ababa University, 2023-06) Salamlak Atalay; Wondwossen Demissie
    Human trafficking and smuggling are growing challenges that affect the human rights of all. States including Ethiopia have adopted the UN Convention against Transnational Organized Crime and the Protocols thereto. Trafficking of person and smiling of migrants is also addressed under the international and regional legal instruments that have an effect on the prevention and suppression of such offences. Ethiopia has adopted a crime of trafficking legislation to prosecute and combat the offences. The FDRE Constitution, Criminal Code of Ethiopia and Prevention and Suppression of Trafficking in Persons and Smuggling of Person Proclamation No 1178/2020 are the prominent ones. The study examines the constitutionality of burden and standard of proof under the Proclamation No 1178/2020. To achieve, analyzing and examining the requirement of proof beyond reasonable doubt in criminal proceedings and the right of presumption of innocence under Art 20(3) of the FDRE Constitution is an important point. The study employed doctrinal research methods and critically analyzed the principle/ right of presumption of innocence under the FDRE Constitution and other international instruments. In addition, some interviews were conducted based on purpose-based selection to find out the practical challenges in the prosecution of the offences of trafficking and smuggling. After a critical examination of the modality of proving through circumstantial evidence provided under Proclamation No 1178/2020, it found that the burden of proof contradicts with the prosecutor’s obligation to prove each element of the crime on requirement of proof beyond reasonable doubt. This indicates that presuming exploitation on the basis of circumstantial evidence under Art 6 of the Proclamation No 1178/2020 is incompatible with the principle of beyond reasonable doubt. It also undermines the constitutional right of the accused to be presumed innocent. To fill the gap, the study recommends that the circumstantial evidence employed under Art 6 of Proclamation No 1178/2020 does not sufficiently prove the accused has committed the crime of trafficking in the required degree of proof and shall be replaced by the prosecutor to prove every element of trafficking beyond reasonable doubt.
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    A Critical Evaluatetion of Real Time Dispatch in the Light of the Constitutional Rights of Accused Persons: A Case-based Analysis
    (Addis Ababa University, 2011-11) Abraham Tadesse; Wondwossen Demissie
    Any criminal cases disposing procedure allempts to increase the efficiency 0/ the criminal justice system and to protect constitutionally as well as internationally recognized rights 0/ accused persons. In line with this. it is to realize all accused persons' rights in general and the speedy tried righls in particular thaI the government introduced R7D not 10 mention the desire to make criminaljuslice system efficient and effective. However, usually allaining these two objectives at the same time is difficult i/not impossible. Even worse there are cases when the two interests come in conflict with each other. II is not a cliche that when undue emphasis is given to the efficiency of criminal proceedings, the rights a/accused persons will be compromised. This is so because if accused persons are given a chance to exercise all the rights at their disposal, adjudication a/criminal cases will take longer period o/time making the criminal justice system less efficient. This research paper, as its title promises, tries to examine to what extent the above stated facts have been reflected in RTD proceedings. Of course, afier its introduclion, RTD has managed to decrease criminal cases backlog. However, the research reveals that this result is obtained at the cost olaccused persons' rights. Illthough RTD is hasically introduced to ensure the speedy trial right o/accused person, the extreme hurried nature o/'the proceeding accompanied by the absence ollaws governing same have resulted in compromising the right to be tried within reasonable time Usel/and other/air trial aspects o/accused person '.I' rights which include the right to presumed innocent, the right to bail, Ihe right to prior notification 0/ charge, the right to demand adjournment 0/ criminal proceedings, the right to de/end oneselfand defense counsel. To bring this phenomenon to an end, this paper recommends the pertinent government organs to issue a detailed law which regulates and delimits the scope ol application 0/ liTO. and at the same lime takes into consideration those righls put at risk as a result 0/ the application 0/ RTD. In Ihe mean time, the paper urgesjudges and public prosecutors to reji-ainji-om treating RTD cases difJerentji-om other ordinwy criminal cases. Key terms and phrases: RTO, Human Rights, Accused Perso ns, Rights of Accused Persons.
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    Critical Evaluation on the Applicability of Territoriality Principle of International Criminal Jurisdiction on Transnational Cybercrime and its Challenges Thereof
    (AAU, 2023-06) Baraki Belay; Wondwossen Demissie
    After the development of computer technology, human life has been positively and negatively affected. This change in human history influences Criminal Justice System with the coming of Transnational Cybercrime which uses a computer or other digital devices connected to the Internet as a tool for committing criminal offenses. There are competing interests and ideas regarding Cyberspace and, Sovereignty of States between the ones which consider Cyberspace as separate from any shadow of the State's Sovereignty and the others who propose that the space is under the State's Sovereignty and regulation with attributing some elements of the technology to a specific State's territory. The proposition for regulating Cyberspace developed as the international norm by recognizing that the Criminal act costs significant damages to States and institutions. Consequently, regulating Crime through international, regional, and domestic legislation comes to the scene. However, regulation of the computer system was never easier because of the transnational nature of the system and the criminal acts committed through it. In the way of regulating transnational Cybercrime, Territoriality Principles of Criminal Jurisdiction could be used to prosecute the perpetrator of transnational Cybercrime with both the subjective and objective aspects. However, due to the borderless nature of the Crime, two or more states might be claiming Jurisdiction in one specific Crime, resulting in conflict, and overlapping of Jurisdiction. Consequently, to avert these challenges, there are tests/theories developed to be considered for successful and legitimate regulation of the conduct. Despite this, there are some challenges faced while applying the territoriality principle of criminal Jurisdiction on Transnational Cybercrime which emanates from the unique feature of the Crime being borderless and policy decisions by States
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    Does Ethiopia have a Reason Not to Ratify the Rome Statute? Examination Of Arguments “For” and “Against” Ratification.
    (Addis Ababa University, 2020-01) Abush Gebre; Wondwossen Demissie
    The Rome Statute of the International Criminal Court is the treaty that established the International criminal court (ICC). It was adopted at a diplomatic conference in Rome, Italy on July 1998 and it entered into force on 1 July, 2002. 122 countries are states parties to the Rome Statute of the International Criminal Court. Although most countries in the world, especially African countries, are members of this court, Ethiopia has not yet joined. This thesis examines whether Ethiopia has a reason not to ratify the Rome Statute. The ICC has been set up as complementary to the national courts to deal with the worst crimes facing the world; genocide, crimes against humanity, war crimes, and crimes of aggression. The crimes seen at the international criminal court are so serious; so far little research has been done on the validity of reasons for Ethiopia’s refusal to accede to the Rome Statute. This thesis is intended to fill this gap. Different methods have been used to deal with this question. A series of interviews were held with key informants, and various documents have been analyzed. Using empirical evidence, argumentative and comparative analyses it is found out that there is a difference between the reasons Ethiopia provided as a justification for declining the membership of the court during the discussion of the draft of the Rome Statute and that of the reasons it cites twenty years later. The reasons mentioned at both times are not valid to stay away from the Rome Statute. Thus, Ethiopia should ratify the Rome Statute and make its laws compatible with the Rome Statute.
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    Does Ethiopia have a Reason Not to Ratify the Rome Statute? Examination of Arguments “For” And “Against” Ratification.
    (AAU, 2020-01) Abush Gebre; Wondwossen Demissie
    The Rome Statute of the International Criminal Court is the treaty that established the International criminal court (ICC). It was adopted at a diplomatic conference in Rome, Italy on July 1998 and it entered into force on 1 July, 2002. 122 countries are states parties to the Rome Statute of the International Criminal Court. Although most countries in the world, especially African countries, are members of this court, Ethiopia has not yet joined. This thesis examines whether Ethiopia has a reason not to ratify the Rome Statute. The ICC has been set up as complementary to the national courts to deal with the worst crimes facing the world; genocide, crimes against humanity, war crimes, and crimes of aggression. The crimes seen at the international criminal court are so serious; so far little research has been done on the validity of reasons for Ethiopia’s refusal to accede to the Rome Statute. This thesis is intended to fill this gap. Different methods have been used to deal with this question. A series of interviews were held with key informants, and various documents have been analyzed. Using empirical evidence, argumentative and comparative analyses it is found out that there is a difference between the reasons Ethiopia provided as a justification for declining the membership of the court during the discussion of the draft of the Rome Statute and that of the reasons it cites twenty years later. The reasons mentioned at both times are not valid to stay away from the Rome Statute. Thus, Ethiopia should ratify the Rome Statute and make its laws compatible with the Rome Statute.
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    Examining the Available Trigger Mechanisms to Prosecute Getachew Assefa et al Before the ICC
    (Addis Ababa Universityu, 2020-06) Alemseged Dejenie; Wondwossen Demissie
    The Pre-Abiy EPRDF-lead Government of Ethiopia has been accused of grave human rights violations since 1991. The new PM Abiy Ahmed has also officially admitted these critical allegations before the parliament. Following the PM admission, the FAG has prosecuted Getachew Assefa et al. before the FHC. Despite the charge filed before and the arrest warrant issued by the FHC, so far the Ethiopian Government has failed to bring the alleged suspects before justice since the alleged suspects are shielded in the Tigray and the latter has failed to hand over the suspects. To curtail the possible impunity of the alleged perpetrators, looking for the available leeway to trigger prosecution before the ICC was the core objective of this thesis. In doing so the study has employed both primary and secondary sources and found a leeway to refer Attorney General v. Getachew Assefa et al before the ICC.
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    Examining the Available Trigger Mechanisms to Prosecute Getachew Assefa et al Before the ICC
    (AAU, 2020-06) Alemseged Dejenie ; Wondwossen Demissie
    The Pre-Abiy EPRDF-lead Government of Ethiopia has been accused of grave human rights violations since 1991. The new PM Abiy Ahmed has also officially admitted these critical allegations before the parliament. Following the PM admission, the FAG has prosecuted Getachew Assefa et al. before the FHC. Despite the charge filed before and the arrest warrant issued by the FHC, so far the Ethiopian Government has failed to bring the alleged suspects before justice since the alleged suspects are shielded in the Tigray and the latter has failed to hand over the suspects. To curtail the possible impunity of the alleged perpetrators, looking for the available leeway to trigger prosecution before the ICC was the core objective of this thesis. In doing so the study has employed both primary and secondary sources and found a leeway to refer Attorney General v. Getachew Assefa et al before the ICC.
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    Is the African International Criminal Law Section a Viable Alternative to Icc? Some Issues of Concern
    (Addis Ababa University, 2021-06) Natnael Engdawerk; Wondwossen Demissie
    African countries were on the leading spot during the adoption of the Rome Statute, which establishes the International Criminal Court (ICC). However, the controversy between African Union and ICC has begun after the ICC issued an arrest warrant against former Sudan President Al Bashir. Because of the disappointment and frustration of AU and African states against ICC, the AU adopted the Malabo Protocol, which extended the jurisdiction of the African Court of justice and human rights (ACJHR) to international criminal law. This thesis analyzes the justifications for the establishment of the African international criminal law section to identify whether the section is just a mere political attack against ICC or more than that. Moreover, it examines whether the different features under the Malabo Protocol prevent the section from being an alternative to ICC in terms of achieving the purpose and objectives of international criminal courts, which are fighting impunity, and prevention of future violation of core international crimes in the continent. The findings demonstrate that first; the justification for the establishment of the African international criminal law section is not purely to undermine the ICC. However, some of the rules under the Malabo Protocol reflect the AU attack against ICC because they do not have any relevance to the objectives of the court itself. Second, despite the motives of AU to establish the section, the different features under the Malabo Protocol prevent the section from being a viable alternative to ICC if the section becomes operational.
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    Is the African International Criminal Law Section a Viable Alternative to ICC? Some Issues of Concern
    (Addis Ababa, 2021) Natnael Engdawerk; Wondwossen Demissie
    African countries were on the leading spot during the adoption of the Rome Statute, which establishes the International Criminal Court (ICC). However, the controversy between African Union and ICC has begun after the ICC issued an arrest warrant against former Sudan President Al Bashir. Because of the disappointment and frustration of AU and African states against ICC, the AU adopted the Malabo Protocol, which extended the jurisdiction of the African Court of justice and human rights (ACJHR) to international criminal law. This thesis analyzes the justifications for the establishment of the African international criminal law section to identify whether the section is just a mere political attack against ICC or more than that. Moreover, it examines whether the different features under the Malabo Protocol prevent the section from being an alternative to ICC in terms of achieving the purpose and objectives of international criminal courts, which are fighting impunity, and prevention of future violation of core international crimes in the continent. The findings demonstrate that first; the justification for the establishment of the African international criminal law section is not purely to undermine the ICC. However, some of the rules under the Malabo Protocol reflect the AU attack against ICC because they do not have any relevance to the objectives of the court itself. Second, despite the motives of AU to establish the section, the different features under the Malabo Protocol prevent the section from being a viable alternative to ICC if the section becomes operational.
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    Legitimacy of Sub National Constitutions in the Ethiopian Federation: The Case of Amhara Regional Government Constitution
    (Addis Ababa University, 2010-12) Wondwossen Demissie; Yohanes Yitayih
    In Ethiopia, sub national constitutions are almost forgotten. But the experiment of the federation is futile with out their proper consideration. All sub national governments have their own respective constitutions. How ever, having a document is clearly different from the tendency of constitutionalism. Constitutionalism on the other hand requires a good constitution. A good constitution is the one that suited a given national or sub national government. A good constitution is good for the people concerned. It is the property of the people so that they feel bound by it and promise to protect it. A good constitution has to be a legitimate document.This study aimed at assessing the legitimacy of the constitution of the regional government of Amhara, which constitutes one of the sub national units in the Ethiopian federation. Accordingly, the first chapter talks about the introduction and states the problem to be studied briefly. The second chapter describes some theoretical backgrounds that surround constitution, its making, contents, the federal structure, sub national constitutions, and the context we have in Ethiopia. The final and the main chapter hold the assessments and judgments of legitimacy of the Amhara regional government constitution. Theassessment focuses on the theoretical frameworks of legitimacy that are the final basis for the perception by the people. Accordingly, this chapter examines the constitution by virtue of some principles: legality, substance, consent, contract, acceptance, and the making process.Finally, the study gave a general conclusion that is based on the aggregate judgments of each principle and managed to offer some possible recommendations.
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    Norms Governing Criminal Accountability of African Union Peacekeeping Forces in Somalia for Sexual Exploitation and Abuse: Focusing on Ethiopian Troops
    (AAU, 2023-01) Yohana Solomon; Wondwossen Demissie
    Sexual exploitation and abuse (SEA) by peacekeepers arise in crisis and conflict settings, where systems of protection, security, and justice break down and women and girls are left particularly vulnerable. The issue of SEA by AU peacekeepers remains a problem in ever-changing regions where conflict dynamics are evolving at every moment. There needs much to be done to implement AU’s zero-tolerance policy on the ground to completely eradicate sexual exploitation and abuse caused by its peacekeepers. Likewise, African Union Mission in Somalia (AMISIOM) mission has been criticized for sexual and gender-based violence (SGBV) against Somali women and girls that is mandated to protect. There are indeed lot tones of research in this area but little is known regarding criminal accountability of sexual exploitation and abuse committed by Ethiopian troops in the AMISIOM mission particularly. Thus, the present study aimed to investigate and assess the respective responsibility of AU and troop-contributing countries to prevent SEA in the AMISOM mission and the applicable legal and policy frameworks that address SEA during peace support operations. The research reviewed reports and investigations on SEA in AMISOM mission by international and regional organizations and also evaluated legal instruments including laws, conventions, and resolutions. In addition, a semi-structured interview was conducted with Ethiopian legal advisor to the AMISIOM mission, Ethiopian military Court and Training and Education Dean. According to the study, the current legal and policy frameworks regarding SEA in peacekeeping missions remain to be insufficient where there is no comprehensive law to address sexual abuse with specific provisions for investigation, prosecution, and punishment of the perpetrator. Thus, this research recommends the Ethiopian legislative organ to ensure the appropriateness and adequacy of laws against sexual exploitation and abuse in peacekeeping missions. In addition, the law does not govern how the Ethiopian law enforcement agencies work in cooperation with host states, the AMISOM, and its agencies in bringing suspects to justice. Therefore, Ethiopian military court shall be entitled to assume jurisdiction because violation of jus cogens elements force a states to assume jurisdiction.
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    Physical Protection as a Witness Protection Measure in Ethiopia: Assessing its Procedural and Enforcement Challenges”
    (Addis Ababa University, 2024-09-01) Ermias Tadesse Birhanie; Wondwossen Demissie
    Physical protective measures are crucial to protect the safety and security of witnesses who may be in danger as a result of their cooperation to the criminal justice system. This study looks at the application of Ethiopian law on physical protection of witnesses. The study's objectives are evaluating the decision making process and enforcement of physical protection decisions under Ethiopian law and pinpointing what challenges witnesses and law enforcement organs encounter in carrying out these decisions. Data from important stakeholders, such as public prosecutors, police, and witnesses, are gathered for the study. The findings indicate that there are gaps both in the decision making process and enforcement of physical protection measures in Ethiopia. Such difficulties have been exacerbated by several factors, including inadequacy of existing legislation, lack of resources, skilled personnel, strong institutional structures and collaboration. To solve these problems, the study recommends strengthening legal and institutional frameworks, capacity building and public awareness campaigns concerning witness protection, training law enforcement authorities, and increasing resources for witness protection. Generally, this study is hoped to contribute to the expanding body of literature on witness protection and offers insightful information on the challenges facing efforts to safeguard witnesses Ethiopia. Key words: witness, witness protection, physical protection, threat assessment, protection measures
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    The Protection of Rights of Refugees in Protracted Situations in Ethiopia: The Case of Women/Girls Refugees in Kebribeyah Camp of Ethiopia
    (Addis Ababa, 2011-04) Maedot Yeshak; Wondwossen Demissie
    The unjilrling display of mass flow of reji/gees from the neighbouring countries including Somalia desperately requiring protection has been met with all equally legitimate concern of states to tender to the socio - economic and security concern of the public. The international legal frame work has thus recognized for the protection of refugees by also allowing states to make reservation in accordance with their interest on those rights under the convention, where in Ethiopia the reji/gee proclamation provides for the protection of their rights with the exception on those regardingfreedom of movement, right to work and self-reliance, and the right to education. In this study, the Kebribeyah camp found in the Somali Regional State of Ethiopia consists of refugees, where the restriction of such rights have created a negative impact on the physical, social and economic condition on those living in protracted situations and particularly on women and girls who are vulnerable groups consisting of the majority of reji/gees in the camp and who are also bearing the social responsibility to tender to the day to day living needs of their families, to be victims of various violations.There fore it was crucial to examine, assess and evaluate the positive and negative effects of the situations of refugees particularly on those women / girls living in protracted situations it the camp, the nexus between such effects and the policy options, take lessons to similar reji/gee settlements with the ultimate goal of studying the possible means of enhancing the protection scheme in upholding the rights of such refugees by reconciling their interests with that of the locals In order to achieve the objectives, both primary and secondary sources were used Primary sources include primary international and national legal legislations as well as policy documents. Others include data obtained from formal and informal survey procedure which includes interview, focus group discussions, open ended questionnaires etc. Secondary source of the research include literature review of writings of prominent scholars and data collected from secondary sources. The lack of in concordance between the current realities of the situation of refugees in protracted situations and the legal framework both at the international and national level has led slIch reji/gees particularly that of women to live in situations detrimental to their physical ,social and economic well being. The findings of the research show that despite the fact that some positive results have been obtained in providing basic assistance and protection to reji/gees in the areas offood, education and health services, many of those women and girls have been victimized by the reji/gees them selves andthe locals resulting in the various violations of their moral ,physical and social well being and other fundamental rights because of their low living standards caused by the cumulative effects of restrictions on their rights particularly freedom of movement, education, right to self - reliance and work opportunities. Some of the challenges faced those women / girls refugees include Poverty, Rape, Domestic violence, SGBV, caused by the refugees who are in distress and also those populations that prey on their vulnerabihty due to the absence adequate legal protection, various· violations of their rights in irregular secondary movements, the limitations in the access to courts and also the negative impacts in the maintenance of effective education for such reji/gees. This has thus necessitated the adoption of a more comprehensive legal frame work both at the national and international level that is directed in the protection of the rights of refugees in protracted situations in the camp as suggested by this research. The limitations or restrictions should be made to exclude rejilgees living in protracted reji/gees for more than fived years. Such actions should also be met with a synergetic framework at the international and national level where the assistance provided to reji/gees by the international community goes beyond providing basic assistance and goes towards providing development assistance, legal migration opportunities to reji/gees to third countries. The development assistance provided to reji/gees should also be made to include the local populations in kind of providing training, market opportunities tv local products and those activities that are within the limits and prospects of the country 's programs which will have a tremendous impact in the eventual removal of legitima:e concern of the state towards refugees regarding their negative. impact in the socio- economic life of the public. The time legal period of five years also provides for the protection of refi/gees in protracted situations while at the same time allowing the state to have the appropriate time and spae in removing threats to national security and order.
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    Respective Roles of Different Organs of the Government in the Enforcement of Constitutional Right to Bail in Ethiopia; Partial case study in Addis Ababa and Sebeta
    (Addis Ababa University, 2021-05) Eden Leulseghed; Wondwossen Demissie
    One’s right to liberty is restricted in accordance with the rules and principles of international and national laws. The law supports the release of arrested persons until guilty verdict is rendered by court. When courts deny bail right of an accused, it impacts on his/her right to a fair trial, and the accused will be detained before his/her guilt is established " beyond reasonable doubt". This article attempts to show how courts deal with issue of bail under article 63 of the Cr.Pr.C. Furthermore, it discusses instances where bail related court orders have been ignored by the police. The paper identifies that denying bail right shall be left to courts and recommended that the law making should take legitimate actions with regard to bail right procedures to avoid the ambiguity between the rights under art 19(6) of the constitution and article 63 of the Cr.pr.c. It also, suggests for an effective enforcement of bail rights of arrested persons, both legislative executive and judiciary should fully function in all situations, including where the cross checking of one over the other may cause unhappiness in some cases.
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    The Adequacy of Ethiopian Criminal Laws in Regulating Crimes against Humanity and Implications
    (AAU, 2022-12-04) Simon Tesfaye; Wondwossen Demissie
    CAH is one of the most atrocious international crimes which shocked the conscience of mankind. It is, thus, believed by the international community that it is necessary to prohibit the commission of such monstrous crime and prosecute as well as punish whenever and wherever it materialized. Coming to Ethiopia, there are a number of serious allegations on the commission of CAH as reported by various human rights organizations, be they domestic or international. Despite the presence of numerous accusations as to the commission of CAH here and there in the country, however, the criminal laws currently in existence in Ethiopia are not considered as containing adequate regulatory frameworks dealing with CAH. This study is, thus, primarily undertaken to assess the adequacy or otherwise of the Ethiopian criminal laws in regulating CAH and implications if the study reveals the inadequacy of the laws. To this end, the study relied on both primary and secondary data sources. The primary sources included: the FDRE Constitution, the FDRE Criminal Code and other pertinent domestic legislations as well as international instruments, interview with an official from the Ministry of Justice and relevant cases. On the other hand, the secondary sources consisted of books, journal articles, magazines, articles from the web and similar others. The researcher used qualitative research method to systematically analyze the data so collected. The findings revealed that the criminal laws did not consider CAH as a discrete offence. Nor did they define it with a required sufficiency (in a manner complying with its apposite international criminal law understanding). Instead, they unnecessarily blended it with such other crimes as genocide and war crimes. This in effect made, inter alia, prosecution of perpetrators of CAH difficult, if not impossible. Besides, it somehow compromised the goal to maintain national peace and security as well as created a problem in discharging the responsibility to protect populations from CAH. Hence, the country needs to amend these laws so that they could be able to capture the proper notion of the term in question and thus, address this and other similar concerns. Until such time that this is realized, courts can resort to CIL to fill the existing legal lacuna in this regard.
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    The Role of Federal Attorney General in Ensuring the Protection of Pretrial Rights of Criminal Suspects in Ethiopia: the Law and Practice in Addis Ababa
    (Addis Ababa Unversity, 2020-05) Roba Tsegaye; Wondwossen Demissie
    There have been persistent allegations of the violations of rights of criminal suspects on the course of investigation in Ethiopia. PM Abiy Ahmed (PhD) publicly admitted the existence of such problems, and made a pledge that his administration will work to rectify it. One of the means by which such problem can be curbed is by empowering the prosecutorial office to supervise criminal investigation. The FAG is charged with the duty to follow up criminal investigation and ensure its legality, which include ensuring the protection of pretrial rights of criminal suspects. Achieving this legal responsibility requires participating on investigation activities. The practice however shows that the public prosecutors do not participate on the investigation process in majority of cases. There are different underlying causes for this problem. The research finally forwarded recommendations to avert such problems and strengthen the protection scheme of the rights of criminal suspects.
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    The Use of Anonymous Witness Vis-À-Vis the Right of the Accused to Confrontation: The Law and the Practice at Ethiopian Federal High Court
    (Addis Ababa University, 2024-09-01) Girma Bikila; Wondwossen Demissie
    The right to accused to confrontation is one of the fundamental constitutional rights that protect the defendants. Its scope is interpreted narrowly by some, while others have seen it more widely. It is however, generally thought to consist of three key elements: the right to a face-to-face trial, the right to demand that witnesses who are testifying against him appear in person for the duration of their evidence, and the right to cross-examine unfavorable witnesses. While the right of the accused to confrontation has long been recognized, it is also true that witnesses’ play a decisive role in the preservation of justice and thus, has to be provided with protection. However, in providing protection for witnesses, it is essential to adopt a balanced approach that safeguards the right of the accused to confrontation. This study was aimed to assess the legal framework governing witness anonymity and examine the practices of the courts and prosecutors in applying witness anonymity in light of the accused’s right to confront their accusers. In doing so, the mixed methodology of both doctrinal and empirical legal research has been employed. The study’s key finding is that, in Ethiopia the legal frame works that deal witness protection, lacks to provide a proper delimitation of the application of witness anonymity. The WWPP that provides a number of protection measures to be provided to witnesses where they are prone to a serious danger fails to provide special justification or assessment mechanisms to grant these protection measures. It also creates complexity as to the power of granting protection measures, particularly those involving anonymity. From the practical stand point, benches yield different decisions regarding the application of witness anonymity, resulting in lack of uniformity in its implementation. While some benches require the application for witness anonymity be presented for them the others have ruled that the power to grant protective measure under the proclamation vests on the prosecutor. Additionally, the benches took different stand with regard to the criteria to be fulfilled in the process of granting witness anonymity. The lack of guidelines and common understanding of the application of witness anonymity in the judiciary, along with persistent challenges related to the power to grant such anonymity, and the gaps in the legal framework resulted to an imbalance that undermines the fundamental right of the accused to confrontation