Due Process Rights of Suspects During Pretrial and the Existing Challenges Under the Legal Frameworks of Ethiopia

Abstract

This is doctrinal legal research; hence, comparative approach and critical legal analysis were used. The result shows, the law do not oblige the detention authority to inform the suspects all of their due process rights. Suspects are not entitled to present with their advocates during both police interrogation and preliminary inquiry. Their right to speedy trial is not adequately safeguarded. They are not entitled to appeal against the order of remand or the period of remand in general. It is the discretion of the court to determine the type of guarantee or amount of bail bond and the suspect is not entitled to appeal against such order. The application of habeas corpus remain the jurisdiction of civil bench court of Regional High Court, which is not accessible for the suspect who is detained in Woreda police station. There is ambiguity and inconsistency among domestic laws. The government of Ethiopia should either adopt the UN Body of Principles on Detention and/or Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa or should reform domestic laws to conform to them, the Rome Statutes of ICC, ACHR and ECHR to enhance protection to due process rights of suspects.

Keywords: Ethiopia; Fair Trial Rights; Suspects; Pretrial; Remand; Habeas Corpus