Selective Criminal Prosecution Vis a Vis Prosecutorial Discretion in Ethiopian Criminal Justice System: Theory and Practice
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Date
2017-02
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Addis Ababa University
Abstract
The universal recognition of human rights in general and the right to equality in particular as
inviolable human rights coincided with the consolidation of prosecutorial discretion in charging
decisions which led to an interesting and intricate process that explores the mutual influence of
these developments on each other and search for an ideal reconciliation between them.
The paper set to lay bare how the right to equality before the law might be jeopardized by the
unmitigated discretion given to the prosecutor to name defendants with special emphasis on the
experience in Ethiopia.
Chapter one tries to set the scene by exploring the concepts of prosecution, prosecutorial decision
making and the right to equality. A compressive discussion is provided in an attempt to shed light
on the origins and development of the concepts and the latent tension between them.
Chapter two will comparatively study how selective prosecution is handled in different national
jurisdictions and international tribunals.
Chapter three explores the constitutionality and admissibility of the defense of selective prosecution
and the problems associated with invoking and proving such claims in Ethiopian criminal justice
system.
Finally a conclusion and a possible recommendation to tackle the problem will be provided.
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Keywords
Selective Criminal Prosecution