Legal Challenges to the Right to Bail in Ethiopia
摘要
Criminal justice is based on the fundamental right of an arrested individual to be released on bail while a criminal prosecution is proceeding. Limiting the right to bail puts the right to presumption of innocence in jeopardy and could make it more difficult for the arrested person to mount a defense, which would increase the likelihood of conviction. Equally important is the public interest. The public is entitled to request that an individual who has been arrested on suspicion of breaching the law be prosecuted. A sufficient guarantee that the person arrested and placed under detention pending trial won’t commit another offense is necessary. Both interests are served by the bail right. Although it is not absolute, the right to bail is protected by the FDRE Constitution and international human rights agreements. This article examines whether the subsidiary laws requiring suspected persons not to be released on bail conform with the FDRE Constitution and relevant human rights instruments. The article employs a doctrinal research approach while investigating bail rights protection in Ethiopia. The study uses national laws, the constitution, and regional and international human rights as data sources. The article argues that the Constitution does not define what constitutes an adequate guarantee of the right to bail, which causes the existence of subsidiary laws contrary to the right to bail endorsed in the Constitution. Thus, the constitutional clause on the right to bail has to be defined clearly, and subsidiary laws shall be revised to confirm the constitution and international human rights laws.