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| The Practical Applications in the Protection of Persons under Police Detention during Pre-Trial Stage: Some Selected Rights, Case Study in Tachi Armachiho Wereda Sanja.
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Baye Tilahun Belachewu and Ato Yohanis Yitayih
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Abstract:
The Ethiopia legislation has incorporated and recognized almost all the major international and regional human rights instrument on the rights of suspects; thereby gives special emphasis to the due process rights of suspects in police custody through domestic legislations. Despite the existences of such laws the administrative practice to the protection of those rights seems to be unavoidable challenge in Ethiopia. This research is envisioned to reveal the degree of practical realization of some of the selected rights of persons in police detention during pretrial stage by exploring the problems with the enforcements of those rights in practice in Tachi Armachiho Wreda. Despite the efforts to avoid these challenges through the lengthy debates to overcome this problem and despite the existence of many national researches in the area still the prevalence of violation of the rights of suspects in police custody in this Wereda is severe that seems ineradicable. As a result, this paper wants to explore the dangers of these practice in causing the gross violations of the rights of detained person during the pretrial stage and endeavors to describe the situations by investigating various cases in the implementation of those selected rights in one of the cities of the Amhara national regional states i.e. Tachi Armachiho Wereda as it's one of the cities in which most of the pretrial rights of detained persons are subject to gross violations. In doing so, the paper attempts to uncover the situation in this specific Wereda and the problem thereof. In the course of investigating, I use a case study which is one of the qualitative research methods, hence the methodology of data collection will be information deduced from both my personal experience as legal professional and from interviews of judges public prosecutors, police officers, examination of prior dead files and current dispensed cases by wereda court. The result of the research discloses the gross violation of the human rights of suspects in police custody/detention due to lack of conformity to those rights that are prescribed under our law.
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