Sewing Slits of the Laws: A Critics on Criminalizing Negligent Acts of Transmitting HIV and Constitutionality of Compulsory Testing for HIV/AIDS in Criminal Proceeding of Ethiopia

Abstract

It is obvious in criminal cases proofing beyond reasonable doubt is expected from public prosecutors. In addition, the judge cannot create the crime by analogy. In my experience as a public prosecutor on North Shoa and also Special Zone around Finfine of Oromia, Ethiopia, for almost three years (2008-2011), I have seen that where there is legitimate criminal investigation, there is a legitimate fruits of investigation for framing the criminal charge. Thus, I realized that the issues of criminalizing the negligent of HIV and the existences of divergent views among the criminal procedure of 1961, the 1998 Policy on HIV/AIDS and 2007 Guidelines for HIV Counseling and Testing in Ethiopia. Therefore, this Article examines why proofing the criminal case beyond reasonable doubt is difficult when negligent acts of transmitting HIV has been criminalized. It also explore slits of the laws which in turn create legal black hole with regarding to the order of compulsory testing for HIV or other communicable human diseases in the criminal proceeding of Ethiopia. It also checks over the constitutionality of compulsory testing for HIV and the organ of government which is trustworthy and impartial to give such order in the criminal cases. Throughout these critics I will examine all the problems as to the Constitutional standards and some international policy concerns with regarding compulsory testing for HIV/AIDS.

Keywords: HIV/AIDS, the Policy, Epidemic, a Venereal disease, Communicable human disease, Federal Democratic Republic of Ethiopia (FDRE)…