The Implementation of the Suspects’ Rights Protection in Gullele Sub City Police Investigation Department: Particular Emphasis on the Right to ‘Presumption of Innocence
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Date
2018-06
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Addis Ababa University
Abstract
This study assesses and evaluates the practical implementation of suspected person right at pre-trial stage with particular emphasis on the principle of presumption of innocence. It is carried out in five police detention centers found in Gullele sub city of Addis Ababa. The implementation of the principle of presumption of innocence at pre-trial stage of Criminal Administration in light of major national, regional and international human rights instruments is rarely treated in different literature. Thus, the main objective of this thesis is to fill this gap by assessing the implementation suspected person right in general and the presumption of innocence in particular at pre-trial stage of police detention centers by taking Gullele sub city police stations at the study area. To realize this intended objective the study employed qualitative research approach. Important data for the study were collected both from primary and secondary sources. Primary data was obtained through interview, Focus group discussion and participant observation whereas secondary data from different literatures, government files and legal documents are reviewed. Interview and focus group discussion were made with key informants from criminal suspects, investigating police, prosecutors, lawyers, judges, head of police stations and Justice Office. In interview and focus group discussion a total of 44 respondents are participated. In this study both simple random sampling and purposive sampling have used to draw a sample representation from the existing population. The findings of this study revealed that the principle of presumption of innocence in particular and suspected person rights in general has been violated in police detention center in the study area. For such violation the study also revealed that there are individual, institutional and the legal factors. The study has identified that sometimes police are arresting individuals without evidence, criminal suspects are not brought to court in the specified time, absence of notification of rights, long pre-trial detentions, condition of detention in police custody are below the minimum standard and absence of external monitoring system are major problems. Finally, the researcher has made recommendations that could address the existing problems.
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Suspects’ Rights Protection