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

Abstract

In this paper the author devoted to reveal whether the FDRE legal system gives emphasis to its citizen’s remedies for arbitrary arrest and detention including the right to claim compensation for the damage caused by unlawful deprivation of liberty. To do so, since this is doctrinal legal research I have used systematic and logical analysis of the provisions of the law. The constitution of the FDRE (1995), the Criminal Procedure Code (1961), the FDRE Criminal Code (2004) and the Civil Code of Ethiopia (1960) were the primary concern of this study. However, the UDHR, ICCPR among international human rights instruments and the ACHPR among the regional human rights instruments were used as well. The right to liberty and protection from arbitrary arrest and detention has been recognized by FDRE legal framework. Mere recognition of such rights has no effect unless an enforceable mechanism is provided by law. To this end, the law has to provide possible remedies for an individual in case when he/she is subject to arbitrary arrest or detention. Though the source of the remedies may vary, among three major types of constitutional remedies the constitution of FDRE has recognized ‘declarations of invalidity’; ‘prohibitory and mandatory interdicts’; but, it failed to recognize the right to be compensated by the state expense for the damage caused by the victim of unlawful deprivation of liberty.

Keywords: - Victim of Arbitrary Arrest or Detention, Constitutional Remedies and Right to Compensation