Compensation for Wrongful Arrest in International Law and Ethiopian Legal System
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Date
2021-06
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Addis Ababa,University
Abstract
Despite the fact that unlawful and arbitrary detention is common in Ethiopia, the practice of demanding compensation for such detention is weak.. Furthermore, this study found that there is criminal liability, civil liability, and disciplinary actions under the Ethiopian legal system for unlawful and arbitrary arrest and detention. Moreover, the study found that Ethiopia has not ratified optional protocols or made sufficient declarations allowing individuals to lodge lawsuits against the State alleging violations of the United Nations Human Rights treaties and Furthermore, because Ethiopia has not declared and accepted the African Court of Human Rights' jurisdiction, individual victims of human rights in Ethiopia are not eligible to seek justice before the Court. Although a claim for compensation decision can be made based on the Ethiopian Tort Law, Criminal law and the international law that Ethiopia has ratified, the payment of compensation for the damage is difficult to apply for. The paper incorporates glimpse of recent practical unlawful and arbitration arrest and detention and identified the gaps in the Ethiopian legal system regarding compensation for unlawful and detention.
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Keywords
unlawful, compensation, physical liberty, detention, arrest, human rights