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114 J.L. Pol'y & Globalization 1 (2021)

handle is hein.journals/jawpglob114 and id is 1 raw text is: 


Journal of Law, Policy and Globalization                                                         ww-ivste.om
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.114, 2021                                                                                           IISTE


                   Ethiopia Justice Sectors: Are They Serving

                                   Justice or The Politics?

                                         Solomon  Dessalegn Dibaba'

Abstract
The  criminal justice process involves interrogation of the arrested or accused persons by investigative police;
investigation by the public prosecutor which institutes charges; and enforcement of committal for trial by the
judiciary. As investigative police and public prosecutor enforce the law, their success or failure is not measured
by  the number  of convictions or case attritions, but by the level of their professionalism and integrity in the
course of fair, competent, responsible, effective and efficient performance in accordance with the law. Based on
this the paper explores and discusses the rights of arrested or accused persons vis-a-vis the role and responsibility
of Ethiopia justice sectors. The paper devoted to assess whether the justice sectors in Ethiopia are serving the
justice or politics particularly under the governing body. To address these issues descriptive qualitative research
design was  used to analyze the gathered data. Primary and secondary sources of data were used. Interview with
purposively selected professionals from justice sectors including arrested politicians with their advocators was
one  of the tools for data gathering and analysis. In addition, documents, news, and features from private and
government   legal websites were used as secondary sources of data. Further to get necessary information from
aforementioned  sources of data, writer own observation and document analysis were employed as data gathering
tools. Using  the mentioned   data above,  this paper  has disclosed  the existing problems  and  substantial
recommendations   to relieve the existing problems.
Keywords:   Attorney General, Police Investigation, Judiciary, Role of Government, Justice, Politics and Ethiopia.
DOI:  10.7176/JLPG/  114-01
Publication  date:October 31st 2021

1.  Introduction
Commencement of criminal justice system begins from information of the commission of crime and ends at
execution of court judgment.  The information of the commission  of the crime could reach the police through
different channels. These are complaint, accusation and the occurrence of flagrant offences. The criminal justice
process involves interrogation of accused persons by the police; investigation by the public prosecutor which
institutes charges; and enforcement of committal for trial or enforcement of sentences by prison administrations.
As  these three organs enforce the law, their success or failure is not measured by the number of convictions or
case attritions, but by the level of their professionalism and integrity in the course of fair, competent, responsible,
effective and efficient performance in accordance  with the law. From  information of the commission  of the
crime up to punishment  of the criminal's: police, public prosecutor, courts of law and prison administrations are
the organs involved in the criminal justice process. Once the criminal justice triggered, it is often followed by
investigation to substantiate the case with evidence to prove guilt.
     A  criminal justice system may have a spectrum of features ranging from primacy to due-process vis-a-vis
focus on crime control model. Criminal justice systems tend not to fall completely within one model or the other:
most  seek to strike a balance between the two.1 The due-process model gives priority to fairness of procedure
and  to protecting the innocent from wrongful conviction, accepting that a high level of protection for suspects
makes  it more difficult to convict the guilty and that some guilty people will therefore go free.2 Crime control
model  places most importance  on convicting the guilty, taking the risk that occasionally some innocent people
will be convicted.3 The Ethiopian criminal justice system seems to reflect the due process model.
     This paper  focuses on and  explores the following important  points: first, it mainly discusses rights of
suspected, arrested and accused  persons incorporated in Ethiopia substantive and procedural law. Second,  it
discusses the role and responsibility of Ethiopia justice sectors vis-a-vis the rights of suspected, arrested and
accused  persons. Finally, this paper assess whether the justice sectors in Ethiopia are serving the justice or
politics under the transitional government led by Prime Minister Abiy Ahmed. To address these points provided
above  the writer used primary and secondary source of data for strong based evidence. Purposive sampling was
employed   to select the sources of data and tools of data gathering and analyzing. The primary sources were
totally twenty-five (25) key informants. Accordingly,  eight (8) advocators from  Oromia   political prisoners

' The author has got LLB (Mekelle University, School of Law), LLM in Environment and Land Law (Hawassa University, School of Law),
currently, Lecturer at Law in Oromia State University, Finfinne, Ethiopia, and Coordinator of LLM programme given by Vrije University of
Amsterdam in collaboration with Oromia State University. Possible to reach the author through: e-mail: solomondesalan azaihcom
Catherine Elliot and France Quinn, English legal system, (England: person education limited, 6' ed., 2005), p 338
2 James A. Inciardi, Criminal justice, (Fort Worth: Harcourt, Inc., Alabama ed., 7' ed., 2002), p 13
' Id


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