ANALYZING THE PRE-TRIAL DETENTION LAW AND THE JUDICIAL PRACTICE OF ETHIOPIA IN LIGHT OF HUMAN RIGHTS STANDARDS

Abstract

In Ethiopia, Pre-trial detention is supposed to be conducted based on the rules stated in the 1961 criminal procedure code, anti-corruption proclamation No.882/2015; and the Federal Supreme Court Cassation Bench precedent. These laws and cassation court precedent together provide the rules on permissible justifications for pre-trial detention, exceptions to the right to bail; and limits on duration of pre-trial detention. On the other hand, the FDRE constitution and treaties ratified by Ethiopia provide principles and rules on the limitations on the right to bail and duration of pre-trial detention. This article examines the compliance of the statutory rules and the cassation court precedent to the human rights principles on pre-trial detention in Ethiopia. Besides, this piece has examined the propriety of the judicial practice in Bahir Dar ena Akababiwa High Court and Bahir Dar town Woreda Court in their application and interpretation of pre-trial detention statutes as illustrations. As such, the work employs a legal doctrinal methodology. The empirical information is gained through the observation of the criminal benches in Bahardar Ena Akababiwa High Court, and Bahir Dar town District Court. Besides, we use human rights situation reports as the source of empirical data. Consequently, the article argues that the statutory laws and the precedent of the cassation court don’t comply with the human rights standards. And, the judicial practice regarding the regulation of pre-trial detention is normatively dissatisfying.