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
No Thumbnail Available
Date
2021-05
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
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.
Description
Keywords
constitutional rights of accused, bail, Presumption of innocence, fair trial