Judicial Ethics and Fair Trial: A Critical Analysis of the Case of the Courts of Special Zone of Oromia Surrounding Finfine
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Date
2016-03
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Addis Ababa Unversity
Abstract
This study is aimed at analyzing the fairness of the trials in the courts of special zone of Oromia
Surrounding Finfine against international and national standards in relation to judicial ethics. It
identifies the relationships between judicial ethics and fair trial rights in general and how ethical
problems of judges of the courts of Special Zone of Oromia are reflected in the trial process and
their consequences on the right to fair trial in particular. The issue of fair trial right is examined
from the point of view of some core elements of fair trial rights which have particular
significance with judicial ethics. These are judicial independence, impartiality, equality of arms
and the right to be tried without undue delay.
It is concluded that ethical problems in the Courts of Special Zone of Oromia have significantly
affected the right to fair trial in several ways. Accordingly, practice of ignoring the law,
conducting biased hearing, lack of independence, exceeding of the standards for the right to be
tried without undue delay, and contravening of the principle of equality of arms are the critical
problems which need to be resolved. In addition, the code of judicial conduct is insufficient to
ensure judicial accountability particularly in relation to problem of competence.