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Papers by AWOL ALEMAYEHU DANA

Research paper thumbnail of Legal Remedy for Violation of the Right to Protection from Arbitrary Arrest and Detention under the Legal Framework of Federal Democratic Republic of Ethiopia (FDRE)

Journal of Law, Policy and Globalization, 2016

In this paper the author devoted to reveal whether the FDRE legal system gives emphasis to its ci... more In this paper the author devoted to reveal whether the FDRE legal system gives emphasis to its citizen's remedies for arbitrary arrest and detention including the right to claim compensation for the damage caused by unlawful deprivation of liberty. To do so, since this is doctrinal legal research I have used systematic and logical analysis of the provisions of the law. The constitution of the FDRE (1995), the Criminal Procedure Code (1961), the FDRE Criminal Code (2004) and the Civil Code of Ethiopia (1960) were the primary concern of this study. However, the UDHR, ICCPR among international human rights instruments and the ACHPR among the regional human rights instruments were used as well. The right to liberty and protection from arbitrary arrest and detention has been recognized by FDRE legal framework. Mere recognition of such rights has no effect unless an enforceable mechanism is provided by law. To this end, the law has to provide possible remedies for an individual in case when he/she is subject to arbitrary arrest or detention. Though the source of the remedies may vary, among three major types of constitutional remedies the constitution of FDRE has recognized 'declarations of invalidity'; 'prohibitory and mandatory interdicts'; but, it failed to recognize the right to be compensated by the state expense for the damage caused by the victim of unlawful deprivation of liberty.

Research paper thumbnail of Due Process Rights of Suspects During Pretrial and the Existing Challenges Under the Legal Frameworks of Ethiopia

Developing Country Studies, 2018

This is doctrinal legal research; hence, comparative approach and critical legal analysis were us... more This is doctrinal legal research; hence, comparative approach and critical legal analysis were used. The result shows, the law do not oblige the detention authority to inform the suspects all of their due process rights. Suspects are not entitled to present with their advocates during both police interrogation and preliminary inquiry. Their right to speedy trial is not adequately safeguarded. They are not entitled to appeal against the order of remand or the period of remand in general. It is the discretion of the court to determine the type of guarantee or amount of bail bond and the suspect is not entitled to appeal against such order. The application of habeas corpus remain the jurisdiction of civil bench court of Regional High Court, which is not accessible for the suspect who is detained in Woreda police station. There is ambiguity and inconsistency among domestic laws. The government of Ethiopia should either adopt the UN Body of Principles on Detention and/or Principles and G...

Research paper thumbnail of Factors Deterring Enhanced Application of Alternative Dispute Resolution (ADR) In Criminal Litigation in Ethiopia: The Case of Wolaita, Southern Ethiopia

This research intended to reveal factors deterring enhanced implementation of ADR to resolve disp... more This research intended to reveal factors deterring enhanced implementation of ADR to resolve disputes involving crime in Ethiopia, particularly in Wolaita Nation. Quantitative research design was used. Deep analysis of legal provisions and self-completed questionnaire were used to collect pertinent data. Ambiguity within the law; contradiction between the law and criminal justice policy; lack of adequate level of awareness about ADR & its significant in criminal litigation; unwillingness of the crime victim & the attitude of employees of the government institutions directly involved in the administration of criminal justice in the research area that states that ADR less helps to attain the objectives of the Criminal Law; & absence of specific department within government institutions administering Criminal Justice System that is empowered to promote the implementation of ADR are the major factors hindering enhanced use of ADR to resolve disputes involving crime. Besides legal reform, awareness creation to the general public at the community level & continuous training should be given to investigative police, public prosecutors & judges concerning the conceptual framework of ADR & its significance to resolve conflicts involving crime.

Research paper thumbnail of The Right to Protection from Arbitrary Arrest and Detention under the Legal Framework of Federal Democratic Republic of Ethiopia (FDRE)

Journal of Law, Policy and Globalization, 2016

Since this is a doctrinal legal research, I had used systematic analysis of statutory provisions ... more Since this is a doctrinal legal research, I had used systematic analysis of statutory provisions and legal principles involved therein, or derived there from, and logical and rational ordering of the legal propositions and principles. Thus, the FDRE Constitution (1995), Criminal Procedure Law of the Empire of Ethiopia (1961) and the FDRE Criminal Law (2004) are the primary concern of this study. Both descriptive and analytical methods of research were used. Besides the constitution of FDRE, the UDHR, ICCPR and ACHPR are made part of the law of the land through ratification and this can be considered as enabling environments in the legal framework regarding the right to protection from arbitrary arrest or detention. On the other hand, lack of legally prescribed period of time to be taken to hand over the arrested person to the nearest police by private persons or other government officers empowered to arrest flagrant offenders without warrant, lack of uniform standards prescribed by...

Research paper thumbnail of The Status of Alternative Dispute Resolution (ADR) in Criminal Justice System under the Legal Frameworks of Ethiopia & Its Challenges

Research on humanities and social sciences, 2017

This article intended to reveal the status of ADR in the criminal justice system under the legal ... more This article intended to reveal the status of ADR in the criminal justice system under the legal frameworks of Ethiopia. Thus, the 1995 Constitution of the FDRE, the 1961 Criminal Procedure Code, the 2004 Criminal Code and the 2011 Criminal Justice Policy of Ethiopia are the primary concern of this study. Thus, systematic analysis of statutory provisions and legal principles involved therein, or derived there from, and logical and rational ordering of them is used as the main study mechanism. The result shows that the term ADR & what constitutes it in the context of criminal justice system; the parties that can play role in the process & their respective responsibilities; & the rights & duties of the crime victim & the offender the process; & the expected outcomes of the process are not clearly prescribed by law. Besides, there is inconsistency between the law and criminal justice policy of the country concerning the type of crimes subject to ADR. Keywords : ADR; Disputes Involving ...

Research paper thumbnail of Legal Remedy for Violation of the Right to Protection from Arbitrary Arrest and Detention under the Legal Framework of Federal Democratic Republic of Ethiopia (FDRE)

Journal of Law, Policy and Globalization, 2016

In this paper the author devoted to reveal whether the FDRE legal system gives emphasis to its ci... more In this paper the author devoted to reveal whether the FDRE legal system gives emphasis to its citizen's remedies for arbitrary arrest and detention including the right to claim compensation for the damage caused by unlawful deprivation of liberty. To do so, since this is doctrinal legal research I have used systematic and logical analysis of the provisions of the law. The constitution of the FDRE (1995), the Criminal Procedure Code (1961), the FDRE Criminal Code (2004) and the Civil Code of Ethiopia (1960) were the primary concern of this study. However, the UDHR, ICCPR among international human rights instruments and the ACHPR among the regional human rights instruments were used as well. The right to liberty and protection from arbitrary arrest and detention has been recognized by FDRE legal framework. Mere recognition of such rights has no effect unless an enforceable mechanism is provided by law. To this end, the law has to provide possible remedies for an individual in case when he/she is subject to arbitrary arrest or detention. Though the source of the remedies may vary, among three major types of constitutional remedies the constitution of FDRE has recognized 'declarations of invalidity'; 'prohibitory and mandatory interdicts'; but, it failed to recognize the right to be compensated by the state expense for the damage caused by the victim of unlawful deprivation of liberty.

Research paper thumbnail of Due Process Rights of Suspects During Pretrial and the Existing Challenges Under the Legal Frameworks of Ethiopia

Developing Country Studies, 2018

This is doctrinal legal research; hence, comparative approach and critical legal analysis were us... more This is doctrinal legal research; hence, comparative approach and critical legal analysis were used. The result shows, the law do not oblige the detention authority to inform the suspects all of their due process rights. Suspects are not entitled to present with their advocates during both police interrogation and preliminary inquiry. Their right to speedy trial is not adequately safeguarded. They are not entitled to appeal against the order of remand or the period of remand in general. It is the discretion of the court to determine the type of guarantee or amount of bail bond and the suspect is not entitled to appeal against such order. The application of habeas corpus remain the jurisdiction of civil bench court of Regional High Court, which is not accessible for the suspect who is detained in Woreda police station. There is ambiguity and inconsistency among domestic laws. The government of Ethiopia should either adopt the UN Body of Principles on Detention and/or Principles and G...

Research paper thumbnail of Factors Deterring Enhanced Application of Alternative Dispute Resolution (ADR) In Criminal Litigation in Ethiopia: The Case of Wolaita, Southern Ethiopia

This research intended to reveal factors deterring enhanced implementation of ADR to resolve disp... more This research intended to reveal factors deterring enhanced implementation of ADR to resolve disputes involving crime in Ethiopia, particularly in Wolaita Nation. Quantitative research design was used. Deep analysis of legal provisions and self-completed questionnaire were used to collect pertinent data. Ambiguity within the law; contradiction between the law and criminal justice policy; lack of adequate level of awareness about ADR & its significant in criminal litigation; unwillingness of the crime victim & the attitude of employees of the government institutions directly involved in the administration of criminal justice in the research area that states that ADR less helps to attain the objectives of the Criminal Law; & absence of specific department within government institutions administering Criminal Justice System that is empowered to promote the implementation of ADR are the major factors hindering enhanced use of ADR to resolve disputes involving crime. Besides legal reform, awareness creation to the general public at the community level & continuous training should be given to investigative police, public prosecutors & judges concerning the conceptual framework of ADR & its significance to resolve conflicts involving crime.

Research paper thumbnail of The Right to Protection from Arbitrary Arrest and Detention under the Legal Framework of Federal Democratic Republic of Ethiopia (FDRE)

Journal of Law, Policy and Globalization, 2016

Since this is a doctrinal legal research, I had used systematic analysis of statutory provisions ... more Since this is a doctrinal legal research, I had used systematic analysis of statutory provisions and legal principles involved therein, or derived there from, and logical and rational ordering of the legal propositions and principles. Thus, the FDRE Constitution (1995), Criminal Procedure Law of the Empire of Ethiopia (1961) and the FDRE Criminal Law (2004) are the primary concern of this study. Both descriptive and analytical methods of research were used. Besides the constitution of FDRE, the UDHR, ICCPR and ACHPR are made part of the law of the land through ratification and this can be considered as enabling environments in the legal framework regarding the right to protection from arbitrary arrest or detention. On the other hand, lack of legally prescribed period of time to be taken to hand over the arrested person to the nearest police by private persons or other government officers empowered to arrest flagrant offenders without warrant, lack of uniform standards prescribed by...

Research paper thumbnail of The Status of Alternative Dispute Resolution (ADR) in Criminal Justice System under the Legal Frameworks of Ethiopia & Its Challenges

Research on humanities and social sciences, 2017

This article intended to reveal the status of ADR in the criminal justice system under the legal ... more This article intended to reveal the status of ADR in the criminal justice system under the legal frameworks of Ethiopia. Thus, the 1995 Constitution of the FDRE, the 1961 Criminal Procedure Code, the 2004 Criminal Code and the 2011 Criminal Justice Policy of Ethiopia are the primary concern of this study. Thus, systematic analysis of statutory provisions and legal principles involved therein, or derived there from, and logical and rational ordering of them is used as the main study mechanism. The result shows that the term ADR & what constitutes it in the context of criminal justice system; the parties that can play role in the process & their respective responsibilities; & the rights & duties of the crime victim & the offender the process; & the expected outcomes of the process are not clearly prescribed by law. Besides, there is inconsistency between the law and criminal justice policy of the country concerning the type of crimes subject to ADR. Keywords : ADR; Disputes Involving ...