A Critical Evaluatetion of Real Time Dispatch in the Light of the Constitutional Rights of Accused Persons: A Case-based Analysis

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Date

2011-11

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Addis Ababa University

Abstract

Any criminal cases disposing procedure allempts to increase the efficiency 0/ the criminal justice system and to protect constitutionally as well as internationally recognized rights 0/ accused persons. In line with this. it is to realize all accused persons' rights in general and the speedy tried righls in particular thaI the government introduced R7D not 10 mention the desire to make criminaljuslice system efficient and effective. However, usually allaining these two objectives at the same time is difficult i/not impossible. Even worse there are cases when the two interests come in conflict with each other. II is not a cliche that when undue emphasis is given to the efficiency of criminal proceedings, the rights a/accused persons will be compromised. This is so because if accused persons are given a chance to exercise all the rights at their disposal, adjudication a/criminal cases will take longer period o/time making the criminal justice system less efficient. This research paper, as its title promises, tries to examine to what extent the above stated facts have been reflected in RTD proceedings. Of course, afier its introduclion, RTD has managed to decrease criminal cases backlog. However, the research reveals that this result is obtained at the cost olaccused persons' rights. Illthough RTD is hasically introduced to ensure the speedy trial right o/accused person, the extreme hurried nature o/'the proceeding accompanied by the absence ollaws governing same have resulted in compromising the right to be tried within reasonable time Usel/and other/air trial aspects o/accused person '.I' rights which include the right to presumed innocent, the right to bail, Ihe right to prior notification 0/ charge, the right to demand adjournment 0/ criminal proceedings, the right to de/end oneselfand defense counsel. To bring this phenomenon to an end, this paper recommends the pertinent government organs to issue a detailed law which regulates and delimits the scope ol application 0/ liTO. and at the same lime takes into consideration those righls put at risk as a result 0/ the application 0/ RTD. In Ihe mean time, the paper urgesjudges and public prosecutors to reji-ainji-om treating RTD cases difJerentji-om other ordinwy criminal cases. Key terms and phrases: RTO, Human Rights, Accused Perso ns, Rights of Accused Persons.

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RTO, Human Rights, Accused Perso ns, Rights of Accused Persons

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