Effectiveness of Delegated Prosecution of Federal Criminal Cases in Selected Regional States in Ethiopia
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Date
2024-03-24
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Addis Ababa University
Abstract
This thesis investigates the institutional and legal framework governing the delegation of prosecutorial authority to regional prosecution offices in Ethiopia. The constitution of Ethiopia has established a federal criminal prosecution and adjudication system within the federal and state structures. The Attorney General plays a pivotal role in overseeing prosecutorial functions at both federal and regional levels. The study examines the legal and institutional framework for delegating federal criminal prosecutions to selected regional states, identifying shortcomings in the Ministry of Justice's approach, including a lack of explicit authorization in Proclamation No. 943/2016 and unclear delegation procedures. Implementation challenges, such as inadequate assessment of regional capacities and absent monitoring systems, led to inconsistent delegation practices, power abuse, coordination failures, and potential human rights violations. The findings underscore the need for comprehensive reforms to enhance delegated prosecution effectiveness and fairness. Recommendations include amending Proclamation No. 943/2016 to explicitly authorize delegation and outline procedures, strengthening regional monitoring, classifying delegated cases, establishing clear collaboration guidelines, prioritizing delegation based on regional competence, resource availability, and jurisdiction, implementing robust oversight, and fostering inter-governmental cooperation.