The Right to Protection from Arbitrary Arrest and Detention under the Legal Framework of Federal Democratic Republic of Ethiopia (FDRE)

Abstract

Since this is a doctrinal legal research, I had used systematic analysis of statutory provisions and legal principles involved therein, or derived there from, and logical and rational ordering of the legal propositions and principles. Thus, the FDRE Constitution (1995), Criminal Procedure Law of the Empire of Ethiopia (1961) and the FDRE Criminal Law (2004) are the primary concern of this study. Both descriptive and analytical methods of research were used. Besides the constitution of FDRE, the UDHR, ICCPR and ACHPR are made part of the law of the land through ratification and this can be considered as enabling environments in the legal framework regarding the right to protection from arbitrary arrest or detention. On the other hand,  lack of legally prescribed period of time to be taken to hand over the arrested person to the nearest police by private persons or other government officers empowered to arrest flagrant offenders without warrant, lack of uniform standards prescribed by law to fix the amount of money/security, bail bond, even in case when the alleged crimes are similar in type and in terms of  seriousness, failure to fix the maximum round or occasions the police can claim for remand and lack of the maximum time to be taken by the investigative police to complete investigation of a single case by law. The existing laws are also silent as to whether a person ordered by the court to remain in custody by remand shall return to the same police custody or not? FDRE courts have been prohibited from interpreting the constitution & this creates another difficulty. This paper will serve as a great role for law makers and for further socio legal research in the field.

Keywords: - Human Rights and Freedoms, Arrest, Detention and Remand