Critical Examination of the Right to Speedy Trial with Respect to Persons Accused of Corruption Crime in Ethiopia: A Case Study
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Date
2018-01
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Addis Ababa University
Abstract
The right to speedy trial of persons accused of crime is a fundamental human right guaranteed by international human rights instruments inter alia, UDHR, ICCPR and ECHR. The right has also been incorporated in the substantive and procedural laws of Ethiopia such as the 1995 FDRE Constitution, the 1961 CPC of Ethiopia, etc.In spite of this, the violation of the right to speedy trial of persons accused of corruption crime is a serious problem in Ethiopia. Normally, delay in bringing the accused to trial must be justified on grounds of reasonableness and good cause. In Ethiopia, there is no standard to determine what constitutes delay in corruption crime proceedings and hence, delay is to be determined by courts using their discretionary power on a case by case basis. The denial of the right to speedy trial of persons accused negatively affects both the interest of the accused and the society at large. The impacts of prolonged trial proceedings on the accused include: anxiety and psychological strain out of public suspicion, limiting employability and educational opportunities of the accused and loss of ability to defend because of long incarceration. Likewise, denial of the right to speedy trial erodes the public confidence on the judiciary, weakens prosecutor evidence and lets criminals escape justice and limits the contribution of the accused person to the society through employment and re-socialization. The problem of delay is observed in the overall process of criminal investigation, prosecution and trial stages of corruption crime proceedings. The purpose of this research is to critically examine the right to speedy trial of persons accused of corruption crime in Ethiopia by focusing on Addis Ababa. The problems attributed to violation of the right to speedy trial of persons accused of corruption crime are institutional and legal by nature. The institutional problems relate to man power, skill, knowledge and level of cooperation in relation to government bodies and parties involved in the adjudication of corruption crime such as investigating officers, prosecutors, courts, prison administration and advocates. The legal problems occur because of the gaps in the laws applied in the adjudication of corruption crime. The most important ones in this regard are the provisions of the CPC on remand and adjournment.
Key words: The Right to Speedy Trial, Delay of Corruption Crime Proceeding, Investigating Officers, Prosecutors, Courts, Prison Administration
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Keywords
The Right to Speedy Trial, Delay of Corruption Crime Proceeding, Investigating Officers, Prosecutors, Courts