Normative, Institutional and Practical Challenges in the Administration of the Criminal Justice in Ethiopia

Posted: 24 Apr 2018

See all articles by Simeneh K Assefa

Simeneh K Assefa

Addis Ababa University - School of Law

Date Written: April 4, 2018

Abstract

The change in the political landscape always affects the criminal justice system one-way or the other. The adoption of the FDRE Constitution is mean to make a clear break from the past. A third of the Constitution is devoted to fundamental rights and freedoms. The Constitution incorporates the "process values" in the administration of the criminal justice. The basic framework of the criminal procedure laid down in the Constitution is much more detailed than what is common for a constitution.

More than a decade after the adoption of the Constitution, however, the administration of criminal justice system is not any different from what it was before the adoption of the Constitution main the functional addition of the Constitution marginal. This is attributable to numerous inseparable connected legal and non-legal variables which have significant impact in the administration of criminal justice. Those variables relate both to the norms and institutions of the criminal process, can generally be put under three categories: legal gaps, lack of proper understanding of the criminal process and politicisation or disregard of the criminal procedure law - creating a significant discordance of the law and the practice.

Suggested Citation

Assefa, Simeneh K., Normative, Institutional and Practical Challenges in the Administration of the Criminal Justice in Ethiopia (April 4, 2018). Available at SSRN: https://ssrn.com/abstract=3156612

Simeneh K. Assefa (Contact Author)

Addis Ababa University - School of Law ( email )

Addis Ababa
Ethiopia

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