ETHIOPIAN CIVIL SERVICE UNIVERSITY

SCHOOL OF LAW AND FEDERALISM STUDIES

RESEARCH PROPOSLA ON

THE PRACTICAL OBSERVATION ON THE ENFORCMENT OF HUMAN RIGHT

OF PRE-TRIAL DETAINEE IN ARADA SUB-CITY POLICE STATIONS

By – Wagari Tesfaye

ID No – ECSU 2400270

SUBMITTED TO SCHOOL OF LAW, ETHIOPIAN CIVIL SERVIE UNIVERSITYIN

PARTIAL FULFILMENT OF THE REQUIRMENT FOR THE MASTERS OF DEGREE OF
LAW (LL.M.)

Submitted to – Zerihun (Phd.)

Adiss Abeba, Ethiopia

December 2024

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Table of Content

s
List of Acronyms............................................................................................................................iv
CHAPTER ONE: INTRODUCTION..............................................................................................1
1.1 Background of the Study........................................................................................................1
1.2 Statement of the Problem.......................................................................................................2
1.3 Objective of the Study............................................................................................................3
1.3.1 General Objective............................................................................................................3
1.3.2 Specific Objective............................................................................................................3
1.4 Research Question..................................................................................................................4
1.4.1 General Research Question..............................................................................................4
1.4.2 Specific questions......................................................................................................4
1.5 Research Methodology...........................................................................................................4
1.5.1 Research Approach..........................................................................................................4
1.5.2 Sources of Data................................................................................................................4
1.5.3 Tools of Data Collection..................................................................................................4
1.5.4 Sampling Techniques.......................................................................................................5
1.7.5 Methods of Data Analysis and Interpretation..................................................................5
1.6 Significance of the Study.......................................................................................................5
1.7 Scope of the Study..................................................................................................................6
1.8 Limitation of the Study..........................................................................................................6
1.9 Literature Review...................................................................................................................6
1.10. Organization of the Paper....................................................................................................7

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List of Acronyms
 ACHPR………. African Charter on Human and Peoples Right
 CAT…………. Convention against Torture or Other Cruel, Inhuman or Degrading
Treatment or punishment
 EHRC ………. Ethiopian Human Rights Commission
 FDRE………… Federal Democratic Republic of Ethiopia
 ICCPR ………. International Covenant on Civil and Political Rights
 ICESCR ………international covenant on economic, social and cultural right
 UDHR …………Universal Declaration on Human Rights
 UNHRC ………...United Nations Human Rights Committee

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CHAPTER ONE: INTRODUCTION
1.1 Background of the Study
Pretrial detention is the incarceration of a person which is ordered when he or she seriously
suspected of having committed an offence. 1 It is also locking up of a suspect or an accused
person on criminal charges in police station and prisons before the completion of their trial.
There are various causes for overcrowding of detainees. Principally the lack of resources
channeled by government to the police and judiciary is the one cause.
International human right instruments play a pivotal role to develop prohibition of torture and
other in human treatments. The 1948 Universal Declaration of Human right (UDHR)
governments came together to recognize that torture infringes human dignity and therefore no
one should be subjected to it. The 1966 International Covenant on Civil and Political Rights
(ICCPR) is the first human right treaty that explicitly recognize pre-trial rights of detained
persons. But, under international laws, it is the 1984 UN Convention against torture and other
cruel, Inhuman and Degrading treatment (CAT) that setup a comprehensive arrangement to
prohibition of torture and the obligation of its member states there too. Ethiopia is a party to
CAT which is among the core human right treaty instrument.

In Ethiopia pretrial detention is governed both by the 1995 FDRE constitution and the 1960
criminal procedure code and other related laws and for purpose of this research I will focus on
both the constitution and the criminal procedure code. the constitution provides the ground rule
for pretrial detention, as a principle No one shall be deprived of his liberty except in accordance
with such procedures as are laid down by law and No one shall be arrested or detained without
being charged or convicted of a crime except in accordance with such procedures as are laid
down by law but exceptionally deprivation of liberty is legitimate Where remand has been
requested for further investigation,2

There are different international, regional and national instruments which govern issue of human
right in general and right related with arrested person in particular. Human rights are commonly
understood as being those rights which are inherent to the human being. The concept of human
rights acknowledges that every single human being is entitled to enjoy his or her human rights
1
Adane Desta, Pretrial Detention in Light of Human Rights Instruments: The Law and Practice. (Addis Abeba,
Ethiopia, 2010, lastly accessed at 13/8/2016),7.
2
Constitution of the Federal Democratic Republic of Ethiopia, proclamation No 1/1995, Art, 17

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without distinction as to race, color, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Some of such instruments are ICCPR, ICESCR,
ACHPR, ECH, IACHR etc.… and for the purpose of this pepper I will discuss some provision
which provided under ICCPR and other instruments related to my topic.

In Ethiopia human right in general and the right of the detained person in particular has a due
recognition under the 1995 FDRE constitution in two manners, the first manner is by adopting
international human right instruments and recognizing them as they are the law of the land. This
means the above discussed rights are mutant’s mutandis applicable in the same manner. The
second manner is by directly incorporating them in the constitution like, the rights as rights of
arrested person, accused person, rights of persons held in custody and convicted person and
prohibition against inhumane treatment including economic and cultural right.3
1.2 Statement of the Problem
Pretrial detention is one of the worst thing that can happen to a person, as the practice shows the
detainee immediately loses his freedom, the right to speedy trial, the right to presumption of
innocence, and can also lose his family, health, home, job, and community ties. Using pretrial
detention excessively and/or arbitrarily is not only a violation of international norms, but also
often unnecessary and Many of those held in pretrial detention will have their charges withdrawn
due to lack of evidence, while others will be acquitted at trial. Still others will be found guilty of
minor, nonviolent offenses for which jail time is inappropriate or for which the maximum
sentence is less than the time spent awaiting trial. 4In Ethiopia As discussed on the background
just like that of international instruments both the constitution and the criminal procedure code
recognize pretrial detention as a norm to undertake crime investigation and trial but the problem
is the provision of criminal procedure code and some practical misconduct paves the way for a
pretrial detention to cause human right violation The criminal procedure code article 59 failed to
stipulate the, maximum period of remand to be granted rather it limit the day to be granted in
one occasion so possibility of longer period of pretrial detention is high and this will become
cause for different violation of right like the right to speedy trial, the right to liberty, and other

3
Constitution of the Federal Democratic Republic of Ethiopia, proclamation No 1/1995, Art, Article 19,
20 & 21
4
Open Society Foundations, the Socioeconomic Impact of Pretrial Detention, page 11, available at,
https://www.opensocityfoundation.org>< /..., lastly accessed at 9/8/2016, 8:42 AM.

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related rights. The practical problem is related to condition of detention which can be classified
in to two, first there are two practices with regard to place of pretrial detention which is, in
police station and prison center and both have their own adverse effect on the human right of the
detainee. First when he/she stay in police center for long time he/she will loss medical treatment,
food and other related service generally he is subject to ill-treatment torture at the time of
investigation and in the second when it is in prison center he will get what he loses when he stay
in police station but it will affect its presumption as innocent within the society because the
society accepted only the one who committed crime will stay in prison center or it is only after
conviction that the individual sent to prison center and there is no pretrial detention center in
Ethiopia this also affect his right to be detained separately. The Second practical problem is
violation of right related to treatment.
Adiss Ababa is the capital city of Ethiopia and the Africa Union and is often called the “Africa
Capital” due to it’s historical, diplomatic and political significances of the continent. And, since
we have only one federal criminal procedure code which will apply all over Ethiopia including
Adiss Ababa is subject to above discussed problem in the same manner. There are many pretrial
detainees in Adiss Ababa town in a different police station and prison center that are subject to
above mentioned problem of human right violation which resulted from pretrial detention. So, it
is necessary to conduct research in order to know the practical implication of the mentioned
problem in the case area and to assess the possible cause and consequence of human right
violation related to pretrial detention and to provide possible solution to avoid the problem.
1.3 Objective of the Study
1.3.1 General Objective
 The general objective of the study is to identify how pretrial detention results human right
violation and to assess its practical implication in Arada Sub city police stations.
1.3.2 Specific Objective
1. To show the existence of practical gap on the implementation of pretrial detention in Adiss
Ababa Arada Sub city Police Stations.
2. To identify and indicate the causes for prolonged pretrial detention in Adiss Ababa Arada
Sub city Police Stations.
3. To identify what right of detainee forfeited due to pretrial detention in Adiss Ababa Arada
Sub city Police Stations.

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1.4 Research Question
1.4.1 General Research Question

 How pretrial detention results human right violation in Adiss Ababa Arada Sub city police
station?
1.4.2 Specific questions

1. What are the practical gaps on the implementation of pretrial detention in Adiss
Ababa Arada Sub city Police Stations.
2. What are the causes for prolonged pretrial detention in Adiss Ababa City Arada Sub city
police stations ?
3. What right of detainee forfeited due to pretrial detention in Adiss Ababa City Arada Sub
City Police Stations?
1.5 Research Methodology
1.5.1 Research Approach
In conducting this research, the researcher employed both qualitative and quantitative
research approach. Because using a mixed research approach enables the researcher to get
the required data and to achieve the stated objectives of the research. As Creswell stated that
using mixed research involves collecting and analyzing of both qualitative and quantitative
data and then integrating sub findings to provide a more comprehensive understanding of the
research topic
1.5.2 Sources of Data
In conducting this research, the researcher used both primary and secondary sources of data.
The primary sources data includes legal documents, interview, questionaries’ and personal
observation. The secondary sources of data include books, journals, and other relevant
publications. The research also assesses the international legal framework and the national
legal accommodations pertaining to treatment of prisoners.

1.5.3 Tools of Data Collection

A) Interview
The interview was made with key informants to generate information on the practical
observance of human right aspect of pretrial detention. To get the qualitative data deep
interview was conducted with selective police officers, public prosecutors, judges who work
on criminal justice system and individual detainees.

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B) Questionnaires
In Arada Sub city there are 6 police stations, in those police stations Both close ended and
open-ended questions used to collect a qualitative and quantitative data from informants on
issues under investigation from pretrial detained person in police custody and prison center.
C) Document Analysis
Different international and national human rights documents which have direct relation to
the topic were analyzed in relation to their and different principles, guidelines and standards
of pretrial detention and the right of accused and detained persons. In addition to these,
relevant literatures like books, journals and research paper were used as other source of
information for this study.

1.5.4 Sampling Techniques

In conducting this research, the researcher used purposive sampling technique for the
qualitative data because the researcher purposively selects the prison administration the
police, judges and public prosecutors. A multi stage sampling was used to collect the
quantitative data because, first the detainees were selected purposively to be a respondent
and then among them the researcher used random sampling technique to gather the data.

1.7.5 Methods of Data Analysis and Interpretation

After having collected the necessary data from the respondents of the interview and
questioners and the observation I have used qualitative and quantitative techniques, the
researcher used those techniques by mixing them together and analyze the data with the laws
and instruments.
1.6 Significance of the Study
1. It brings attitudinal change among the society (with regard to presumption of
innocent) in general and prison or police center authorities in particular.
2. It also draws the attention of human rights advocators to this forgotten area.
3. It provides concerned government officials and decision maker’s relevant and
research-based information for further action.
4. It serves as reference to further research.

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1.7 Scope of the Study
The study comprises both legal and practical analyses with regard to pretrial detention in
light of human rights principle. Effort will be made to assess international (international
documents ratified by Ethiopia) regional and domestic legal frame work governing pretrial
detention. To make the research manageable in the allocated time and resource, the practical
analysis limited to condition of detention in prisons center and police detention centers of
Adiss Ababa city specifically in Arada Sub city police stations.
1.8 Limitation of the Study
While conducting this paper the researcher faces the following challenges related to personal
matter and challenges which are beyond the researcher: to mention some personal related
challenges: challenge related to time management this is because I conducted my research in
addition to class and free legal aid service and teaching second year law students so there
was time constrain and challenges which are beyond the researcher challenges related with
data collection like, failure to give accurate information.

1.9 Literature Review

Pre-trial detention and Human right violation is one of the most fundamental principles of
international human rights law which is absolute and universal. Because of this fact, States are
not just obligated to refrain from using or condoning, they are also required to take positive
measures to prevent its occurrence protect and support victims, investigate any allegations of
torture and prosecute those responsible. However, different factors hamper the full enjoyment of
this right generally in the world and specifically in Ethiopia.
A lot has been written on the enforcement of human rights in Ethiopia but little has been written
specifically on the enforcement the right to freedom from torture. Bayenew found that, despite
the existence of significant legal and institutional arrangements, enforcement of human rights in
Ethiopia falls far below the required standard when measured against the it has entered. 5 study
also considered the procedural challenges that inhibit the due enforcement of fundamental rights
which significantly flows from the courts’ incompetence to interpret the Constitution. 6
Some writers has roughly wrote about the right to freedom from torture in Ethiopia but still their
analysis doesn‘t specifically address the right to freedom from torture and fail to analyze the
legal setup of federal government to give effect to this right. Addisu assessed the practice of
treatment of detained prisons in Ethiopia with emphasis in the capital city, Addis Ababa, in light

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of human rights instruments and noted that, the treatment of detained persons is far below the
human rights standards and he further stressed that, treatment of detained persons in prison is
poor in all aspects while treatment in police detention centers is almost non-existence. 7Fentahun
wrote that the correctional and detainee institutions of Benishangul Gumuz fail in the protection
of human dignity of detainees and he added that they are suffering of torture. 8 He added that,
fifteen years have passed since the Benishangul Gumuz Regional State Constitutions came in to
force that incorporates fundamental human rights under both constitutions chapter three,
however there is no substantive change which has developed and seen practically. 5
Tesfaye also tried to write on the right to freedom from torture but like the previous listed
national researches, the focus has generally been on the prevalence of torture in different
prisons.9 Us we can understand from the above literatures, little has been written on the right to
freedom of human right violations in stages of pre-trial instead above researches much more
focused on post-conviction human right violations torture in Ethiopia and nothing has also been
written on the effectiveness legal framework on the right at hand. The study seeks to fill this gap.
1.10. Organization of the Paper
The study organized into four chapters. The first chapter deals with background of the study,
statement of the problem, research question, objective of the study, significance of the study,
methodology of the study scope of the study and organization of the research. The second
chapter discussed review of related literatures which include conceptual and legal frame work of
pretrial detention and human right of detained person. The third chapter devoted to data
presentation and analysis on the human right aspect of pretrial detention in the case area. And the
final chapter covers conclusion and recommendation.

Bibliography

55
BayenewLisanework, “An appraisal of the enforcement of international and regional human rights obligations in
Ethiopia” (MA thesis, Addis Ababa University, Ethiopia 2011) 86
6
Ibid
7
Addisu Gulilat, “The Human Rights of Detained Persons in Ethiopia; case study of Addis Ababa” (LLM thesis,
Addis Ababa University, Ethiopia 2012)
8
Fentahun Wondie, “International Human Rights Principles on Prisoners‘ Rights: the case of Prisoners‘ rights in
BenishangulGumuz Regional State” (LLM Thesis, Ethiopian Civil Service University 2010) 100
9
Tesfaye Tadese, Fereedom from torture, inhuman or degrading treatment or punishment: the case of some selected
Prisons of Some Selected Prisons of Oromia National Regional State (LLM Thesis, Addis Ababa University 2011)

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 I. Books, Journals and Reports

 Addisu Gulilat, The Human Rights of Detained Persons In Ethiopia; Case Study In
Addis Ababa, A thesis Submitted to Addis Ababa University, School Of Graduate
Studies, 2014
 Addisu Gulilat, “The Human Rights of Detained Persons in Ethiopia; case study of Addis
Ababa” (LLM thesis, Addis Ababa University, Ethiopia 2012)
 Bayenew Lisanework, “An appraisal of the enforcement of international and regional
human rights obligations in Ethiopia” (MA thesis, Addis Ababa University, Ethiopia
2011)
 Fentahun Wondie, “International Human Rights Principles on Prisoners‘ Rights: the case
of Prisoners‘ rights in BenishangulGumuz Regional State” (LLM Thesis, Ethiopian Civil
Service University 2010)
 Wondwossen Demissie, Ethiopian criminal procedure code, Addis Ababa, September,
2012

II. International and Regional Human Right Instruments

 African Charter on Human &Peoples ‘Rights, Adopted 27 June 1981, OAU

Doc.CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered in to force 21 October 1986
 European Convention for the Protection of Human Right and Fundamental Freedoms,
adopted on 4 November 1950 by the Council of Europe and entered in to force on 3
many 1953
 international Covenant on Civil and Political Rights, Adopted and opened for
signature, ratification, and accession by General Assembly Resolution 2200 A (XXI)
of 16 December 1966
 International Covenant on Economic, Social and Cultural Rights, adopted by General
Assembly Resolution 2200 A (Xxi) of 16 December 1966, entered into force 3
January 1976
 Standard Minimum Rules for the Treatment of Prisoners, adopted by first United
Nations Congress on the Privation of Crime & the Treatment of Offenders, held 107at

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 Geneva in 1955, and approved by the Economic and Social Council by its resolution
663 C (XXIV)of 31 July 1957 and 2076 (LXII) of 13 May 1977.
 Universal Declaration of Human Rights, Adopted and proclaimed by General
Assembly Resolution 217 A(III) of 10 December 1948.

III. National laws

 constitution of the Federal Democratic Republic of Ethiopia, 1995, proclamation No

1,Negarit Gazetta, year 1,No 1 2.
 Criminal Code of the Federal Democratic Republic of Ethiopia, Federal
NegaritGazzeta, Proclamation No. 414/2004
 Criminal Procedure Code of Ethiopia, NegaritGazetta, Proclamation No. 185/1961

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