Ethiopia - Revision history

IBJadmin: /* Conditions of Confinement */

2017-04-24T10:23:17Z

Conditions of Confinement

← Older revision		Revision as of 12:23, 24 April 2017
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	Article 21(1) of the Constitution stipulates that ''“all persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity.”'' Article 21 (2) further states that ''“all persons shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councillors, medical doctors and their legal counsel.”''		Article 21(1) of the Constitution stipulates that ''“all persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity.”'' Article 21 (2) further states that ''“all persons shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councillors, medical doctors and their legal counsel.”''


	In 2007 the Ethiopian government adopted the Treatment of Federal Prisoners Council of Ministers Regulations No. 138/ 2007.<ref>https://chilot.files.wordpress.com/2011/01/reg-no-138-treatment-of-federal-prisoners.pdf </ref> The regulations established the basic principle: ''“The treatment of prisoners shall be based on the basic principles of: no discrimination on grounds of gender, language religion, political opinion, nation nationality, social status or citizenship; respect to their human dignity unless restricted by the penalties imposed on them; ensuring that the executions of penalties are educative and rehabilitative.”''		In 2007 the Ethiopian government adopted the Treatment of Federal Prisoners Council of Ministers Regulations No. 138/ 2007.<ref>https://chilot.files.wordpress.com/2011/01/reg-no-138-treatment-of-federal-prisoners.pdf </ref> The regulations established the basic principle: ''“The treatment of prisoners shall be based on the basic principles of: no discrimination on grounds of gender, language religion, political opinion, nation nationality, social status or citizenship; respect to their human dignity unless restricted by the penalties imposed on them; ensuring that the executions of penalties are educative and rehabilitative.”''

IBJadmin: /* The Right to Remain Silent */

2017-04-24T10:22:57Z

The Right to Remain Silent

← Older revision		Revision as of 12:22, 24 April 2017
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	To discourage officers from eliciting inadmissible confessions from accused persons the law states that where a police officer is found to be guilty of a violation of the law, the police officer is subject to both civil and penal sanctions. Additionally, the courts do not allow into evidence confessions which have been obtained by force in terms of Article 19(5) of the Constitution. The courts have had an opportunity to consider this provision in the case of ''Abebe Esubalew vs Public Prosecutor'',<ref>Abebe Esubalew vs Public Prosecutor (Criminal Appeal File No. 173/78) in Selected Judgments Vol. 1, Federal Supreme Court Research and Publication Department, 1996, pp.328-335. </ref> in which the accused had confessed to a crime under duress. He had been convicted in a lower court on the basis of that confession, however the Supreme Court reversed the conviction and reiterated that the constitution provided protections against accepting a confession that was coerced out of the client.		To discourage officers from eliciting inadmissible confessions from accused persons the law states that where a police officer is found to be guilty of a violation of the law, the police officer is subject to both civil and penal sanctions. Additionally, the courts do not allow into evidence confessions which have been obtained by force in terms of Article 19(5) of the Constitution. The courts have had an opportunity to consider this provision in the case of ''Abebe Esubalew vs Public Prosecutor'',<ref>Abebe Esubalew vs Public Prosecutor (Criminal Appeal File No. 173/78) in Selected Judgments Vol. 1, Federal Supreme Court Research and Publication Department, 1996, pp.328-335. </ref> in which the accused had confessed to a crime under duress. He had been convicted in a lower court on the basis of that confession, however the Supreme Court reversed the conviction and reiterated that the constitution provided protections against accepting a confession that was coerced out of the client.

	Yet despite the legal protections, the lived experience of Ethiopian citizens does not reflect these human rights standards. Although the right to remain silent is clearly enshrined in the Constitution, the practice is that the right is not adequately respected. In a disturbing report by Human Rights Watch in 2013 entitled “They Want a Confession: Torture and Ill-Treatment in Ethiopia’s Maekelawi Police Station” it was documented that torture is used to force confessions out of individuals in Ethiopian prisons.<ref>https://www.hrw.org/sites/default/files/reports/ethiopia1013_ForUpload.pdf </ref> The HRW report documented how the police use torture as a means to gain confessions by forcing individuals to incriminate themselves, despite the fact that it is clearly a violation of Ethiopian national law as well as international law.<ref>The ICCPR, CAT and ACHR all have bans against torture and self incrimination.</ref>		Yet despite the legal protections, the lived experience of Ethiopian citizens does not reflect these human rights standards. Although the right to remain silent is clearly enshrined in the Constitution, the practice is that the right is not adequately respected. In a disturbing report by Human Rights Watch in 2013 entitled “They Want a Confession: Torture and Ill-Treatment in Ethiopia’s Maekelawi Police Station” it was documented that torture is used to force confessions out of individuals in Ethiopian prisons.<ref>https://www.hrw.org/sites/default/files/reports/ethiopia1013_ForUpload.pdf </ref> The HRW report documented how the police use torture as a means to gain confessions by forcing individuals to incriminate themselves, despite the fact that it is clearly a violation of Ethiopian national law as well as international law.<ref>The ICCPR, CAT and ACHR all have bans against torture and self incrimination.</ref>


	===Pre-Trial Detention===		===Pre-Trial Detention===

IBJadmin: /* Sources */

2017-04-24T10:22:27Z

Sources

← Older revision		Revision as of 12:22, 24 April 2017
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	=Sources=		=Sources=
			<references/>

IBJadmin: Created page with "=Introduction= ==A Brief History of Ethiopia== Ethiopia is Africa’s oldest independent country and it is the second largest in terms of population.http://www.bbc.com/..."

2017-04-24T10:21:52Z

Created page with "=Introduction= ==A Brief History of Ethiopia== Ethiopia is Africa’s oldest independent country and it is the second largest in terms of population.<ref>http://www.bbc.com/..."

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