The Principle of the Presumption of Innocence and Its Challenges in the Ethiopian Criminal Process

Assefa, Simeneh Kiros

doi:10.2139/ssrn.3156609

Cited by 3 publications

(6 citation statements)

References 2 publications

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“…Other missions such as detecting threats to the national economy and development; serious problems of good governance and conspiracies; providing nationality and immigration service to Ethiopians alongside monitoring services to refugees; licensing and issuing security clearance for private security organisations; and overseeing the issuance of the national identity card are also singlehandedly undertaken by this institution (Ibid, Art. 8 (1,4) and Art. 9 (1, 2, 4,5,6 and 11).…”

Section: Powers and Duties: Merging Irreconcilable Operations?mentioning

confidence: 95%

“…On the part of the judiciarylet alone in the presence of such a legislative restriction on its inherent power of probing the commendable value of evidences submitted to it, plus, the politically sensitive nature of cases on terrorismthere seems to have inconsistency and lack of well-articulated judicial precedence in its interpretational jurisprudence on matters relating to evidence even on matters relating to ordinary crimes (Assefa, 2012). The judicial understanding of the doctrine of 'proof beyond reasonable doubt', as a standard of proof in the criminal litigations may be cited as a typical illustration of this aspect.…”

Section: Oversight and Accountability Mechanismsmentioning

confidence: 99%

“…454/2005, Art.2(4))far from such an inconsistent understanding of the principle. The Court's slack standard in its application of the principle has been demonstratively visible in some of the cases it has rendered (Assefa, 2012). In light of this, the oversight role of the judiciary resembles to be more of a cosmetic than that of a profoundly adjusted and dependable monitoring mechanism with a capacity to cement accountability in the work of the NISS as an institution and its individual intelligence and security personnel.…”

Section: Oversight and Accountability Mechanismsmentioning

confidence: 99%

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Unchecked Powers of the Ethiopian National Intelligence and Security Service in the Prevention and Countering of Terrorist Crimes: Some Disquiets at a Glimpse

Belete

2018

ESJ

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This article questions the supreme role of the Ethiopian National Intelligence and Security Service (NISS) in the prevention and countering of alleged terrorist acts vis-à-vis its institutional legitimacy and operational integrity. With no exception to other states, Ethiopia also re-established the National Intelligence and Security Service in 2013 but as a sole and unique institution of its kind with multiplex mandates both on general and specific intelligence and security matters. Having in mind the more sensitive powers conferred to the institution and its unrivalled authority in masterminding all the preventive and punitive measures against alleged terrorist conducts as enshrined under the Anti-Terrorism Proclamation of the country, this article examines whether the establishing proclamation has set the required normative standards and watchdogging institutional platforms to ensure its functional accountability. After investigating the Service’s organizational structure, the public, judicial and political watchdogging apparatuses, the lack of administrative and financial transparency, as well as the alleged alliance of the institution to the regime in power, this article submits that the Ethiopian National Intelligence and Security Service lacks the key attributes of a politically independent and functionally autonomous institution that strives to protect the nation’s politico-economic and security interests. As it stands, much of the Services’s mission rather appears to have been constricted to serving as an untouchable guardian of the party or the regime in power, or as a rising unique entity that roams on its own impervious orbit.

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Section: Powers and Duties: Merging Irreconcilable Operations?mentioning

confidence: 95%

Section: Oversight and Accountability Mechanismsmentioning

confidence: 99%

Section: Oversight and Accountability Mechanismsmentioning

confidence: 99%

See 1 more Smart Citation

Unchecked Powers of the Ethiopian National Intelligence and Security Service in the Prevention and Countering of Terrorist Crimes: Some Disquiets at a Glimpse

Belete

2018

ESJ

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“…Special Investigative Techniques For Human Trafficking Investigation In Ethiopia. International Journal of Social Sciences and Economic Review, 2(1), 14-24. https://doi.org/10.36923/ijsser.2020.2.1.03 standard for summon, the arrest of the suspect, duty to inform the right to remain silent, brought before a court within 48 hours, due process of law the right to pre-trial access to evidence, open court trial and presumption of innocence and by imposing certain burdens and obligations on the public prosecutor, such as the constitutional obligation to respect and have respected the rights and privileges of the accused, the requirement to prove the charge and to prove it beyond reasonable doubt degree, using third-degree methods are prohibited (Assefa, 2012).…”

Section: Introductionmentioning

confidence: 99%

“…909/2015, article 2. It is ground of penalty aggravation and the FDRE criminal code articles 32-40, which deals degree of participation in the commission of the crime as principal and secondary (Assefa, 2012).…”

Section: Introductionmentioning

confidence: 99%

Special Investigative Techniques For Human Trafficking Investigation In Ethiopia

Ayalew¹

2020

IJSSER

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Purpose of the study: The police have the responsibility of balancing the protection of the public from harm with respecting the human right of the suspect during the prevention and investigation of crimes. However; it is difficult to strike absolute balances since it is determined based on government police is due process or crime control model especially the case of special investigation techniques, which are the covert means of investigation of serious crime and criminals based on the principles of legality, necessity, proportionality, and adequate safeguard. The purpose of this doctrinal article is to evaluate the role of special crime investigation techniques for drug trafficking in Ethiopia. Methodology: Data were collected through document review and interview crime investigators, who were selected purposively since they have a direct relation. This is qualitative research and descriptive design. The collected data were analyzed thematically. Findings: The findings of this research revealed that there are some provisions of special investigation techniques in FDRE criminal justice policy, anti-human trafficking, and smuggling of migrant proclamation. However, these legal bases are not comprehensive such as the types of special investigation techniques, who conduct it, and how long the requirements to conduct these were not answered. Application: Therefore, the house of people representative should enact all-inclusive law on special investigation techniques for human trafficking in Ethiopia. The general attorney also should create awareness to the public about it. Novelty: Human trafficking investigation is challenging ous in Ethiopia, and nobody studied it. Therefore, this study may use as reference material for students’; the government may use it as input for policy and lawmakers.

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El principio de presunción de inocencia y la aplicación del procedimiento abreviado

Ojeda-López,

Medina-Medina

2024

REMCA

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The aim is to study the constitutional principle of presumption of innocence and its impact on the application of the fast-track procedure, in criminal matters. A qualitative methodology was used in this research, with the use of different methods, such as the analytical-synthetic method, as well as the historical-logical method, which were based on the exhaustive analysis of the principle of innocence and the fast-track procedure. The main technique used was an observation, since the Ecuadorian legal system was analyzed through a bibliographic-documentary approach in order to conclude that the application of the fast-track procedure is discussed and criticized due to its effectiveness in terms of procedural speed; the judicial system is considered vitiated by irregularities because it is insufficient to decongest the judicial system. When there is a suspension of any of the stages or procedures of the criminal process, a possible consequence is that an improper or erroneous judicial sentence is issued, violating the constitutional principles of due process.

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The Principle of the Presumption of Innocence and Its Challenges in the Ethiopian Criminal Process

Cited by 3 publications

References 2 publications

Unchecked Powers of the Ethiopian National Intelligence and Security Service in the Prevention and Countering of Terrorist Crimes: Some Disquiets at a Glimpse

Unchecked Powers of the Ethiopian National Intelligence and Security Service in the Prevention and Countering of Terrorist Crimes: Some Disquiets at a Glimpse

Special Investigative Techniques For Human Trafficking Investigation In Ethiopia

El principio de presunción de inocencia y la aplicación del procedimiento abreviado

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