The role of federal courts in enforcing human right safeguards against arbitrary arrest in Ethiopia: Legal and practical analysis
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Date
2024-01
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Addis Ababa University
Abstract
The role of the judiciary in the administration of the criminal justice system is established in
country's legal system. Ethiopia's legal system is a hybrid of common law and civil law. In
certain cases, the procedure appears adversarial, while in others, it appears inquisitorial. The
Ethiopian laws do not declare the power of the judiciary in the criminal investigation process;
courts have the authority to issue arrest, search, and seizure warrants, and in the criminal
investigation process, they give or deny remand for the police at their discretion power. The
criminal and criminal procedure of Ethiopian law does not have a time limit or specific
timeframe for requested remand during which it must demonstrate the legitimacy of an arrest,
Despite this, there are many cases of arbitrary and illegal detention as well as other violations
of human rights. There are claims that the criminal justice system does not adhere to
international human rights principles when it comes to bail and habeas corpus, the right to be
freed from a lawful arrest. Courts are expected to take proper action when someone's liberty
is violated. The FDRE Constitution imposes a duty and responsibility on judicial organs in
each level federal and state courts to enforce human right laws and to be the guardian of the
human rights safeguards against arbitrary arrest. As per Article 9/4/and 13 of the constitution
stated that, the judicial organs in all level have to be interpreted in accordance with the
principle of universal declaration of human right, international convenient on human right
and international instruments adopted by Ethiopia.
The research focused on the practical and legal aspirations of the criminal justice system, as
well as how the federal courts enforce human rights safeguards against arbitrary arrest, to
what extent and what role they have to play in criminal investigations before and after arrest,
and how they rule on pre-trial detention, and highlight the legal and practical deficiencies in
the criminal justice system.
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Keywords
Role of court, Arrest, arbitrary arrest or detention human right, Safeguards, enforcement, Crime, court judge, suspect, bail, Liberty