The Bail Justice in Ethiopia: Challenges of its Administration
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Date
2011-11
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Addis Ababa University
Abstract
Bail as an instrument of balancing the tension between individual freedom and
security and public interest in securing the accused in court has drawn more
attention in the legal atmosphere. The bail justice of Ethiopia unreasonably
categorizes offences as bailable and not bailable. The short listed not bailable
offences are increasing from time to time and with the promulgation of the new
Criminal Code it seems difficult to identify whether granting bail is a principle
or an exception under Ethiopian bail practice. However, how far
indiscriminately denying bail to a certain group of individuals suspected of
committing one of the short listed categories of offences is a solution to
problems of bail administration in Ethiopia is debatable. The choice favoring it
is adopted in Ethiopia. The study aspires to clarify some of the ideas revolving
around this form of bail administration. Moreover, the all rounded challenges
this mode of bail administration encumbers on enjoyment of the constitutionally
guaranteed fundamental rights, the role of the judiciary, and the prevalence of
the rule of law are hoped to be identified with a view to see how best one can
utilize it.
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Keywords
Bail as an instrument of balancing, the tension between individual freedom