There has been a growing concern regarding arbitrary arrests and pre-trial detention in various cities across Ethiopia, particularly in Addis Ababa and a few regional states. This article will address the pressing issue of arbitrary arrest and pre-trial detention by examining national and international laws.

It will also discuss the significant impacts of these practices at both the individual and national levels. Furthermore, it will explore the responsibilities of government institutions and the remedies available to affected individuals. This article will also emphasize the need for accountability and systemic change to ensure justice and protect human dignity.

Article 67 of the Ethiopian Criminal Procedure Code allows pretrial detention to prevent evidence destruction, and witness interference and to facilitate police investigations while restricting detainees’ right to bail. Regardless of this provision, there have been many reports that show many civilians have been under trial without a fair trial in Addis Ababa city, Amhara, and Oromia regions.

Ethiopian Human Rights Commission press released the alarming increase in enforced disappearances and arbitrary arrests in Addis Ababa, Amhara, and Oromia regions, Since April 16, 2023. The applicability of this provision has been used to stop peaceful demonstrations, to limit citizens’ right to political participation, and for the political advantage of the current government.

Under Ethiopia’s constitution, article 19(3) indicates a person arrested shall be brought to court within 48 hours of their arrest not including the time required for the journey from the place of arrest to the court. Pre-trial detention without a reasonable ground and respecting the provisions of the law is Imprisonment without trial which is contrary to the presumption of innocence or “innocent until proven guilty” principle.

The Ethiopian Human Rights Commission has released a report detailing a troubling increase in unlawful incidents and arrests, particularly since June 29, 2021. The report highlighted numerous human rights violations, including harassment, physical attacks, and inhumane treatment of detainees and captured combatants during the conflict in Tigray. The report indicated the urgent need for accountability and adherence to human rights standards in the region.

Not only pretrial detention, there is also growing arbitrary detention violating civilians’ freedom of liberty. Arbitrary detention is the act of taking someone to custody by law enforcement without a proper legal justification. Article 9 of ICCPR infers that arbitrary means unlawful or illegal.

Detention is arbitrary if it is made on the grounds of procedures other than those established by law or if its purpose is incompatible with respect for the right of liberty and security of a person. The executive organ of government is using intimidation tactics to suppress dissent from exercising their freedom of opinion, the right to assembly, and the right to peaceful demonstration and ask the government for accountability and transparency.

Human Rights Watch reported the arrest of Batte Urgessa(a prominent Oromo Politician) multiple times by Ethiopian authorities, after visiting detained OLF officials. He was held without charge for one year, frequently moved between formal and makeshift detention sites, and subjected to physical abuse. Many youths have been the test subjects of this violation. The violation of personal rights will be more serious in arbitrary detention than any others.

The impact of arbitrary arrest and pre-trial detention isn’t something that can be ignored easily. It has left many individuals to lose their jobs and homes after pre-trial detention, exposed to contagious diseases, and left them to suffer from physical and psychological damages that last for a lifetime.

According to the World Health Organization (WHO), the suicide rate among pre-trial detainees and arbitrarily arrested persons is three times higher than those of convicted prisoners. The impact isn’t as it was constrained to people but moreover to their families’ individuals, society, and enormously to the economy of the nation. For their families, it means economic hardship and educational Outcomes reduced; and for the state, it means increased costs, reduced revenue, and fewer resources for social service Programs.

When a family member is incarcerated, loved ones must adjust not only to the loss of their loved one’s income but also to the expenses associated with supporting the incarcerated individual. This includes costs such as travel for visitation, providing food and personal items for the inmate, legal fees, and sometimes even small bribes to prison guards.

Remedies available for person who has suffered arbitrary arrest or unfair pre-trial detention

The International Covenant on Civil and Political Rights in Article 9(5) states anyone who has been a victim of unlawful arrest or detention has a right to compensation by the person who has exercised the unlawful detention. If a government employee or police officer causes harm to an individual through negligence in their duties it will be considered as a work-related injury.

The police department is held accountable for the actions of its officers and has a legal obligation to compensate victims. The government can ask the compensation from the public servant. However if the police or the public fail to provide sufficient justification for their actions, it will be classified as professional misconduct. Any public servant who may exercise detention unlawfully or arbitrarily will be subject to punishment of rigorous imprisonment not exceeding 10 years and a fine as provided under Ethiopian procedure code article 423.

Conclusion 

Ethiopia shall implement the international agreements it has ratified and enforce constitutional rights. Public prosecutors and judges need to play a great role in speeding up the investigation process and bringing the accused to trial. Authority has its limitations. The traditional ways of practicing authority need to be replaced and the police should be taught and continuously monitored in cases of pre-trial detention to enhance the society’s confidence in the laws of the country. The government and other responsible organs should hold perpetrators accountable by refusing to admit evidence gained through torture, and by allowing prisoners early access to legal counsel.

Reference

• Yohannes, A. (2008). Pre-trial detention in Ethiopia (Unpublished L.L.B. thesis). St. Mary’s University. http://repository.smuc.edu.et/bitstream/123456789/511/1/Anketse%20Yohannes.pdf
• Human Rights Watch. (2023, July 23). Rights body reveals extrajudicial killings by government forces in Amhara region; Oromo opposition figures held despite court orders. Human Rights Watch. https://www.hrw.org/news/2023/07/24/ethiopia-oromo-opposition-figures-held-despite-court-orders
• Ethiopian Human Rights Commission. (2022, February 17). Continued detentions are unlawful and remain after the lifting of a state of emergency unreasonable. https://ehrc.org/?p=13621

• Ethiopian Human Rights Commission. (2021, July 15). Protect civilians from harassment, arbitrary detention, and attacks. Ethiopian Human Rights Commission. https://ehrc.org/?p=2760
• Ethiopian Human Rights Commission. (2023, September 16). Rights body reveals extrajudicial killings by government forces in Amhara region; “widespread, arbitrary arrests” in Oromia, Amhara, and Addis Ababa. Ethiopian Human Rights Commission. https://ehrc.org/?p=24671

Author: Yeabsera Hairu, School of Law, Haramaya University (HU)

About the Author: Yeabsera Hairu is a law student at the Haramaya University and an engaged member of the YLI community. Passionate about legal studies and social justice, Yeabsera is dedicated to making a positive impact through legal advocacy. She can be reached at:– yeabserahairu@gmail.com