The role of federal courts in enforcing human right safeguards against arbitrary arrest in Ethiopia: Legal and practical analysis
| dc.contributor.advisor | Mizanie Abate (PhD) | |
| dc.contributor.author | Yemisrach Kinfe | |
| dc.date.accessioned | 2025-03-05T13:02:29Z | |
| dc.date.available | 2025-03-05T13:02:29Z | |
| dc.date.issued | 2024-01 | |
| dc.description.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. | |
| dc.identifier.uri | https://etd.aau.edu.et/handle/123456789/4628 | |
| dc.language.iso | en_US | |
| dc.publisher | Addis Ababa University | |
| dc.subject | Role of court | |
| dc.subject | Arrest | |
| dc.subject | arbitrary arrest or detention human right | |
| dc.subject | Safeguards | |
| dc.subject | enforcement | |
| dc.subject | Crime | |
| dc.subject | court judge | |
| dc.subject | suspect | |
| dc.subject | bail | |
| dc.subject | Liberty | |
| dc.title | The role of federal courts in enforcing human right safeguards against arbitrary arrest in Ethiopia: Legal and practical analysis | |
| dc.type | Thesis |