The Human Rights of Detained Persons in Ethiopia Case Study in Addis Ababa
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Date
2012-12
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Addis Ababa University
Abstract
The ICCPR under article 10 expressly provides that detained persons should be treated with respect to their dignity. Moreover, the respective supervisory organs of the international and regional human rights instruments make it clear through their jurisprudence that deplorable detention conditions constitute violation of torture, cruel, inhuman or degrading treatment or punishment. This approach broadens the horizon of protection of human rights abuses in detention places as torture with all its forms is prohibited in many of human rights instruments such as, UDHR, ICCPR, ACHPR, ECHR and ACHR. For this end, a series of minimum standards for treatment of detained persons are adopted both internationally and regional which are serving as thresholds to find violation of human dignity.
Likewise, the Ethiopian legal system has equivalent set of legislations for the treatment of detained persons. The 1995 constitution guarantees that detained persons shall be treated with due respect to their dignity. Federal Prisons Commission Establishment Proclamation, 365/2003 points out the mandate, structure and objective of prisons where it expressly provides that prisons have to endeavor to ensure the rehabilitation of detained persons. More importantly the minimum standards for treating detained persons is promulgated by Federal Detainees Treatment Regulation No 138/2007 which provides for Accommodation, Personal hygiene, Clothing and bedding, Food, Medical services, complaints mechanisms and avenue, Inspection, sport and exercise, education and training, separation of accommodation and work conditions.
With respect to the practice, however, the study found that treatment of detained persons in Ethiopia failed short of compliance to minimum expectations as it found challenges such as high levels of overcrowding, disease, malnutrition, unhygienic condition, lack of separate treatment based on sex, age, illness and nature of criminal; lack of organized and continuing education and training and absence of viable compliant hearing mechanism. The study, finally, makes recommendations that could rectify the existing challenges.
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Human Rights of Detained Persons In Ethiopia