Legality of Travel Ban on Persons on Bail
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Date
2024-04-01
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Addis Ababa University
Abstract
The right to bail is a fundamental right guaranteed to arrested persons stipulated under the FDRE Constitution, Crim.P.C and international human rights instruments Ethiopia has adopted. Bail is a principle and it should be denied under exceptional circumstances. Arrested persons are presumed innocent until proven otherwise, as they are not even charged with a crime. Once arrested persons are freed on bail they should enjoy their rights equally as others as they are presumed to be innocent. One of the basic rights which is also enshrined in the FDRE Constitution and international human rights instruments is the right to leave a country. This right implies that a person has a right to leave a country on a time of his choosing. In the FDRE Constitution, there are no exceptions or limitations to the right. The Crim.P.C also does not discuss a possible ban on individuals who are suspected of committing a certain crime when it illustrates the procedural aspect of criminal law. In addition, the fundamental rights and freedoms specified in the constitution are to be interpreted in a manner conforming to the principles of the UDHR, ICCPR and international instruments adopted by the country. Even though, the right to leave a country is a fundamental right, federal courts ban bailed individuals from leaving the country without legal and factual justifications. The travel ban adversely affects bailed individuals. In order to analyzestate of the law and the gaps in practice, the researcher has used mixed research methods of doctrinal and empirical research studies. In addition, the researcher has also used qualitative research method by discussing legal rule analysis, case study and analysis of practice. The researcher has found out that there are no laws exceptthe revised anti-corruption special procedure and rules evidence proclamation concerning corruption crimes,which stipulate a possible ban on right of movement. The practice of ban is in clear transgression of the rights or bailed individuals enshrined in FDRE Constitution and international human rights instruments
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Terms and phrases, Persons on Bail, Legality of Travel Ban