The State of Bail Right Enforcement in Ethiopia: the Law and Practice
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Date
2021-06
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Addis Ababa University
Abstract
Under criminal justice system, bail is one of the fundamental human rights of an accused for the
applicability of liberty right. As it is formulated to balance the two interests namely the liberty of
an accused and the public security, its enforcement seems to always be challenged by these
tensions. The study found that the insufficiency of investigation process and the complicity of law
to the unlimited number of orders of remand are two of the essential component undermining
bail right in Ethiopia. Moreover, in addition to the denial of enforcing court orders by police or
public prosecutors, the court’s lack of independence, impartiality and a system for the
enforcement of its decisions plays the highest role in the weakening of bail enforcement in the
nation. The challenges that tend to frustrate bail enforcement also pose formidable challenges to
the protection of other fundamental human rights of an accused namely liberty right,
presumption of innocence, access to speedy trial and justice.