Compensatory Remedies for Breach of the Right to Physical Liberty in Ethiopia: An Appraisal of the Legal and Institutional Framework
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Date
2014-05
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Addis Ababa University
Abstract
The FDRE Constitution and the Constitutions of National Regional States in Ethiopia guarantee
the fundamental rights and freedoms of individuals including the right to physical liberty.
Besides, Ethiopia has so far ratified a number of international human rights treaties that
enshrine a similar guarantee. These primary constitutional or treaty-based rights mostly serve as
a check on the government in the exercise of power. In so doing, they foster protection against
violations by the state agents. But human beings and the institutions run by them are not errorproof.
As a result, it is inevitable for breach of the right to physical liberty, particularly of
arbitrary arrest or detention, and wrongful conviction to occur in connection with the criminal
justice system. This makes it necessary to have an avenue for a legal remedy by suit or action at
law whenever that right is infringed. It is equally necessary have strong institutions capable of
awarding remedy (compensation) when demanded by victims. However, the situation in the
current Ethiopian legal system does not offer much prospect. This study thus assesses the
existing right-remedy gap in the domestic law of Ethiopia as well as the domestic application of
the relevant provisions of the ICCPR with respect to particular breaches of the right to liberty,
i.e., arbitrary arrest or detention, and wrongful conviction. Accordingly, the study demonstrates
that the absence and/or inadequacy of remedies provision in the domestic laws of Ethiopia, the
jurisdictional dilemma between the regular courts and the HoF coupled with the requirement of
publication in the Negarit Gazeta of ratified human rights treaties overshadow the prospect of
success in pursuing a compensatory remedy for breach of the right to physical liberty by the
victim, and thus leaves a lot to be desired.
Key words: Remedy, compensation, physical liberty, arbitrary, detention, arrest, wrongful
conviction, human rights, constitution.
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Keywords
Remedy, compensation, physical liberty, arbitrary, detention, arrest, wrongful, conviction, human rights, constitution