Center for Federalism Studies

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Browsing Center for Federalism Studies by Subject "and Defendants’ Rights"

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    The Fate of Illegally Obtained Evidence in Ethiopian Criminal Process
    (Addis Ababa University, 2025-01-01) Habtamu Getahun; Simeneh Kiros(Ass.prof)
    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