PRE-TRIAL DELAY IN CRIME INVESTIGATION AND ITS IMPACT ON THE

ENFORCEMENT OF THE RIGHT TO SPEEDY TRIAL OF SUSPECTED CRIMINALS

IN BENCH MAJI ZONE AREA POLICE STATIONS.

1
 Chapter-one

1. Introduction

1.1. Background of study

The Right to speedy trial is stipulated under international and regional legal
frameworks that govern with the right to trial without undue delay. To begin with, ICCPR as per
Article 14(3) (b) state that “in determination of any criminal charge against him, everyone shall
be entitled to be tried without undue delay”. Article 7(1) (d) of the African Charter provides that
every individual shall have the right to have a trial within a reasonable time by an impartial court
or tribunal. The importance of this provision is that the African Charter seeks to regulate delay in
criminal proceedings. The right to speedy trial is one fundamental human right of arrested person
under the FDRE constitution.1

Therefore, Ethiopia is party to the above mentioned human right instruments; 2 the
government has duty to enforce this right with aim to safeguard “speed trial” of arrested person. 3
In addition, all federal and state legislative, executive and judicial organs at all levels shall have
the responsibility and duty to respect and enforce other human right in general and right to
speedy trial.4 Every accused facing criminal charge therefore has the fundamental and legal right

1
The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No.1/1995, Negarit Gazzeta,
Year 1, No.1. Article 19(4) of FDRE constitution which provide that where the interest of justice requires, the
court may order the arrested person to remain in custody, or, when requested, remand him for a time strictly
required to carry out the necessary investigation, that “in determining the additional time necessary for
investigation, the court shall ensure that the responsible law enforcement authorities carry out the investigation
respecting the arrested person’s right to a speedy trial”.
2
Ethiopia has ratified International Covenant on Civil and Political Rights (ICCPR), and Africa Charter on Human
and Peoples Rights (ACHPR) in 1993 and 1998 respectively.
3
Supra note at 1 Article 9(4) which states that “all international agreements ratified by Ethiopia are an integral
part of the law of land”
4
Id, Art 13 (2)

2
to speedy trial.5 The speedy trial of offences has been the prime objective of the criminal justice
delivery system. It is a desirable goal as long and in ordinate delay may defeat the ends of
justice. There are common proverbs - 'delay defeats justice' and ' justice hurried is justice buried. 6

The term speedy trial can be defined as a trial that should be established within a reasonable
time without superfluous delay so as to provide protection for the constitutional guarantee of
individual suspects and strive to refine quickly the guilty or innocence of the suspected person
behavior. Among the justifications for the right to a speedy trial are: avoiding lengthy unfounded
imprisonment, minimizing the anxiety of awaiting case resolution, and protecting the defendant’s
ability to defend against charges (for example, evidence may disappear and witnesses’ memories
may fade over time).7

Criminal investigation is applied science that involves the study of facts, used to identify,
locate and prove the guilt of an accused criminal. A complete criminal investigation can include
searching, interviews, interrogations, evidence collection and preservation and various methods
of investigation. The investigation process involves various personal like the police officers, the
prosecutor, accused person, arrested person, suspects, witness and the like. The official purpose
of criminal investigation is to retrieve information that can be used as evidence in court of law. 8
Human rights of suspects must be observed from the moment the investigation start until the
criminal proceedings have been completed as violation of rights during one stage have an effect
on another stage.9 Pre-trial delay in criminal investigation is a major problem in police
department in Bench Maji zone.10 Although Speedy trial of offences is in the interest of society.
The police methods of investigating crimes have been highly defective.11

5
www.allresearchjournal.com/archives/2015/vol/1/issue7/part k/1-6-44.pdf(accessed on 03November, 2016)
6
S.N. Sharma, Fundamental Right to Speedy Trial: Judicial Experimentation 38 IILI (1996) 236, cited in S.N.
Sharma inordinate delay versus speedy trial; An Indian experience. The BANARAS LAW JOURNAL-VOL31 p,
176.
7
www.nolo.com/legal-encyclopedia/the-right-speedy-trial.html(accessed on 06,November, 2016)
8
Karen M. Hess and Christine Hess Orthmann (2010), Criminal Investigation, 9 th edition, Delmar, Cengage
Learning , p.7
9
Lawyers Committee for Human Rights (200), what is a Fair Trial? A Basic Guide to Legal Standards and
Practice, p.4
10
The 2008 Annual Bench Maji Zone Police Report(unpublished)
11
ibid

3
 The criminal justice policy12 in its preamble says that “the policy is to make
administration of criminal justice very responsive, transparent, and fair in realization of the
human rights of the suspected criminals as to the constitutional standards”. In addition, under
section 3.5 (a) states that to enhance effective and productive crime investigation system, the
investigating police officers and public prosecutor shall work together and it shall be the
responsibility of public prosecutor to lead and supervise the overall investigation. This policy
obliged the investigating police officers together to ensure the human rights of the suspected
criminal through: speedy trial and real time dispatch (RTD).

Real Time Dispatch (RTD) is introduced in the criminal justice system to ensure in
flagrant in flagrant delicto cases (cases where the accused is caught red-handed) are disposed
within a day or so.13 To state otherwise, it is a crime investigation and prosecution technique
launched by government as strategic plan of 5 years in 2010 in relation to flagrant offences,
aiming to speed up justice.14

Accordingly, when a person is apprehended in flagrant offence, investigation and

indictment is done immediately, mostly on the date of arrest. 15 In all RTD cases conviction is
based on the confessions of the accused and the procedure of hearing defense witnesses
is skipped over. The main justification for the RTD proceedings in the region is speeding up
justice. A proverb “Justice delayed is justice denied” is widely heard. But it seems that the
counter saying “Justice rushed is justice crushed” have been forgotten.16

The issue of duration of investigation is treated by the FDRE constitution and other subsidiary
laws- the criminal procedure code17, the vagrancy control proclamation18 and the anti-terrorism
12
Federal Democratic Republic of Ethiopia Criminal Justice Policy issued by Minister of Justice, February, 2003, p,
1
13
“Real Time Dispatch” refers to the system of administration of justice by which the police, prosecutors and courts
work together to immediately dispose flagrant criminal cases within a day or so. Human Right Committee,
Consideration of reports summited by states parties under article 40 of the covenant, first periodic report of state
parties, Ethiopia, 28 July 2009, CCPR/C/ETH/1, para77
14
Ministry of Justice & Region Justice Bureaus (Justice Sectors) (2010), Justice in a Changed Management,
Employees and Institutions, (Five Years (2010/11-2014/15) Strategic Plan), cited in Desalegn Gemechu, The Right
to Legal Counsel in Ethiopia: A Case Analysis in Oromia, Submitted for Partial Fulfillment of the Requirement for
LLM Degree in Human Rights Law, Addis Abeba, August 2016, p, 55
15
ibid
16
ibid
17
Criminal Procedure Code of Ethiopia, Negarit Gazetta, Proclamation No. 185/1961
18
Federal Democratic Republic of Ethiopia, vagrancy control, Proclamation, 2009, proc. No. 384, Negarit Gazetta,
Year 10, No.19.

4
proclamation19. A close reading of those laws show the length of investigation depends chiefly
on whether a person suspected to have committed a crime is under arrest. 20 To put indifferent,
lengthy of investigation does not affect suspected criminals who are not under arrest.

Crime is inevitable in a given society. Thus, Bench Maji zone is one region found in
South Nation, Nationality and People’s Regional State. Like other area, in this particular area
different crimes were committed in different time, as the police its main responsibility is to
maintain peace and order in the society, police are obliges to conduct investigation of crime
according to the law. The police may arrest the suspect. After arrest, a police has constitutional
duty to bring the suspect within 48 hours to the nearest court. 21 The police as executive organ
have a duty to respect the right of suspected person.

1.2. Statement of the problem

The FDRE Constitution22 like other modern constitution in the world incorporates
fundamental right and freedom of individual. The right to speedy trial is one basic human right
of arrested person.23 The right to speedy trial start contrary to what its name (right to speedy trial)
suggests, the right is relevant not only at the stage of trial but during the whole criminal
proceeding, beginning from time when the police apprehend the suspect and continues to
investigation and trial stage.24 The constitution as per article 19(3) impose duty upon law
enforcement organ i.e. police to bring the suspected person before the nearest court within 48
hours.25 The criminal procedure also adhere the constitution. 26 This is one way that gives some
implication as to start point of speedy trial. The main justification behind brought the suspected
before the court is in order to ascertain the legality of arrest. In addition, as per article 19(4) of
the FDRE Constitution, provide that all persons have an inalienable right to petition the court to
19
Federal Democratic Republic of Ethiopia, anti-terrorism, Proclamation, 2009, proc. No. 652, Negarit Gazetta,
Year 15, No.57.
20
Wondwossen Demissie Ethiopia criminal procedure, 2012, school of law, Addis Abeba, 2012 p,175
21
Supra note at 1 art 19(3)
22
The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No.1/1995, Negarit Gazzeta, Year
1, No.1.
23
Id article 19(4) states that “In determining the additional time necessary for investigation, the court shall ensure
that responsible law enforcement authorities carry out the investigation respecting the arrested person’s right to
speedy trial”.
24
Wondwossen(2012), supra note at 20 p, 346.
25
Supra note at 1 Article 19(3)
26
See Article 29 of the 1961 Criminal Procedure Code of Ethiopia which provide“ when the accused has been
arrested by the police or private person handed over the police, the police shall bring him before the nearest court
within 48 hours of his arrest, so soon thereafter as the local circumstance and communication permits.

5
order their physical release where the arresting police officer or the law enforcer fails to bring
them before a court within the prescribed time and to provide reasons for their arrest. In practice,
as the police Inspection Service Report confirms,27 some suspects are not brought to court within
48 hours of being seized by police, despite the law obliging them to do so.

According to the UN standard, ‘’pre-trial detention shall last no longer than necessary
and shall be administered humanely and with respect for the inherent dignity of human
beings’’.28 However, the Human Rights Watch World Report (2012) shows that in Ethiopia a
long pre-trial detention without charge, even without brought before the court within prescribed
time is common.29 This undue delay of investigation and pre-trial detention has an adverse effect
suspected person. Therefore, these and other issues that are observed in the pre-trial delay
investigation and pre-trial detention needs to be investigated and analyzed in relation to duty of
government to respect right to speedy trial of suspected persons.

And also save the FDRE Constitution, the criminal procedure code, the anti-terrorism
proclamation, and the vagrancy control proclamation of Ethiopia take different approaches to the
duration of a single remand and the total period of investigation. Even though this laws were
enacted to balance the competing interest between the suspect interest to speedy trial and the
public in regarding to investigation. But in fact the laws have still its own limitation on them and
open door for police to abuse.

Different researchers have dealt with the rights of arrested(accused)persons deprived

of their right to speedy trial one or other perspectives. The researcher believes that rights of
arrested person to speedy trial during pre-trial criminal investigation are not sufficiently
addressed by those researchers. Some of the works only focus on the post-investigation rights
like the conditions and treatment of accused person in the prison centers. Other mainly
analyzed the legal framework and its implications on the rights of arrested person which is
basically a documents analysis. Hence, this research focuses on the implementation of Art 19(3)
of FDRE Constitution and dig out the causes (reasons) that contributed to pre-trial delay in crime
27
Police Report. 2001. Conference on Crime Investigation Held in Ethiopia Addis Ababa, unpublished, cited in
Alemayehu Sheferaw Tulu: evaluating the application of human rights principles in crime investigation in Ethiopia
(a case study of the Addis Ababa city policy) Oct 2010 p,5
28
United Nation Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), adopted by General
Assembly resolution 45/110 of 14 December 1990
29
Human Rights Watch, World Report 2013, events of 2012

6
investigation and evaluating its impact on the enforcement on the right to speedy trial of an
arrested (accused) person which is already guarantee under FDRE Constitution.

Therefore the research is to investigate into the above mentioned problems and attempts
to curb the challenges in Bench Maji zone area police stations.

1.3. Objective of the study

1.3.1. General objective

The main objective of this paper is to investigate into the causes and the impacts of pre-
trial delay in crime investigation on the enforcement of the right to speedy trial of suspected
criminals. In line with basic aim, the research also has the following specific objectives.

1.3.2. Specific objectives

 Determing the reasons (causes) that contribute to pre-trial delay in crime investigation at
Bench Maji Zone area police stations.

 Assessing the implementation of Art 19(3) of FDRE Constitution by law enforcement

organs at Bench Maji Zone area police stations.

 Evaluating the parameter (criteria) which the court takes in to account in order to grant
additional time for the police investigation.

 Assessing the extent of the impact of pre-trial delay in crime investigation on the right to
speedy trial of suspected criminals at Bench Maji Zone area police stations.

 Examining the awareness of human right by suspected persons.

 Evaluating the supervision mechanism during investigation among the investigating

bodies.

7
 1.4. Research questions

This research addresses one central question: What are the causes of pre-trial delay in
crime investigation and its impact on enforcement of the right to speedy trial of suspected
criminals at Bench Maji Zone area police stations? And addressed the following specific
questions;
 Why the police fail to bring the arrested person before the court within 48 hours?
 What are the responsibility of police in respecting and promotion of human rights of
suspected persons?
 Does the suspect claim his/her right against the police before the court?
 What are the possible remedies available for such violation?
 What are the yardsticks by which the court orders the remand to the police?
 Do the police use the time properly?
 Should there be supervision mechanisms on investigating police officers?
 Does the society co-operate with police during investigation stage?

1.5. Significance of the study

Basically this paper is focused on one of basic human right of arrested person i.e. right to
speedy trial.30 Human right law imposes at least three types of obligation upon the government,
these are; duty to respect, duty to protect, and duty to fulfill or provide are recognized under
customary international law. Therefore the result of the study will have the following
significances

 It helps to identify the causes for delay in crime investigation and enhance the concerned
bodies’ cooperative each other to curb the problem.
 It help non-governmental organization who working on human rights to understand the
existing problems that affect speedy trial in Bench Maji zone area police stations and
enable them to take possible measures.
 It informs the police to conduct its task with the view to respect speedy trial arrested and
accused persons.
 It creates awareness on public to know their basic human rights i.e. speedy trial.
 It used as source for further reference for others who may conduct study on a similar
tittle.

30
Supra note 1 Art 19(4).

8
1.6. Scope of Study
The study are mainly focused on the major problems that impede the enforcement the
right to speedy trial of suspected criminals but only in Bench Maji zone area police
stations(namely, zone police station, city administration, and sub-city police station). The scope
is limited to show the causes of pre-trial delay in investigation and its impact on the right of
arrested persons. The study had sort out what the problems are, how and to what extent the delay
violate the arrested and accused person to speedy trial. In addition the study also has seen the
responsibility of the police from arrest until bring the suspect before the court while protecting
human rights.

1.7. Methods and source of information

This research paper is qualitative and used both primary and secondary sources. Since it
is basically concerning key issue as to the challenges in relation to speedy trial of arrested person
particularly the practice of police from arrest the time in which the police bring suspect before
the court and problems during crime investigation stage in Bench Maji zone area police stations.
In this paper the researcher used information gather from interviews with concerned officials,
particularly i.e. police and prosecutor, detainee’s person and investigation of police relevant files
and reports.

The population in this study comprises of crime suspects detained in police custody for
crime investigation purposes, police officials doing investigation and prosecutors working in
Bench Maji Zone police stations. The target population is 81 persons who were involved in
the criminal investigation process in the three police stations. This total number of persons
comprised 56 suspects, 20 police officers and 5 prosecutors. In this study, sample refers to those
persons who were selected from the target/study population to be interviewed by the
researcher to generate the relevant information to be used as an input for study. While,
conducting interview, the researcher are used simple random sampling technique (SRS).
Accordingly, i.e. twenty suspects, ten police and two prosecutors were selected to represent
the target population as the respondents of the study.

Moreover the researcher actually observed the practice of police during investigation in
respecting of human right (speedy trial) in different police stations study area. After the

9
researcher collect data from the above mentioned sources then the researcher interpreted the data
accordingly.

1.8. Organization of the paper

The paper is organized in to three chapters.

Chapter one is an introductory chapter and generally provides a brief overview of the issue to be
discussed in the research. The background of the study, statement of the problem, scope of study,
objective of the study, methods and source of information, significance of the study, research
question as well as organization of the paper.

Chapter two is devoted to provide the conceptual foundations in relation to the topic under study
and specifically deals with investigation of crime (it include definition, purpose and time of
investigation),causes for pre-trial delay in crime investigation, arrested and accused person’s
rights during investigation in general, and the right to speedy trial in particular. In line with this,
international and domestic laws will be examined in light of the subject under study.

Chapter three provides a brief concept on investigation of crime specifically, the purpose,
process of investigation and the main problem (causes) that contribute to pre-trial delay in crime
investigation in Bench Maji zone area police stations. In addition, it focuses on the impact of pre-
trial delay in crime investigation on the enforcement on the right to a speedy trial of an arrested
(accused) person in Bench Maji zone area police stations.

And, finally, conclusion and recommendations makes up the last part of the paper.

10
 Chapter-Two: Crime Investigation Vis-À-Vis Right to Speedy Trial of suspected
criminals: An Overview

2.1. Investigation of crime: Definition

Investigation of crime is composed of two words, i.e. the investigation and the crime. So, the
researcher would explain the definition of both words as follows from different
dictionaries and materials.

There is no universally accepted definition of crime. The concept of crime articulates social
unity in the way that it signifies what constitutes acceptable and unacceptable behavior in
certain society. Every society formulates certain rules to regulate the behavior of its members,
the violation of which is forbidden and declared as crime. For this reason the definition of
crime varies from society to society as it is recreated, affirmed and mobilized in daily
lives of ordinary citizen.31

According to Black Law Dictionary crime is an act that the law makes punishable; the breach of
a legal duty treated as the subject-matter of a criminal proceeding. 32 Blackstone, an English jurist,
defined crime as “an act committed or omitted in violation of public law, either forbidding or
commanding it”.

The 2004 criminal code of Ethiopia also put the definition of crime as; “Crime is an act, which is
prohibited and made punishable by law. In this Code, an act consists of the commission of what
is prohibited or the omission of what is prescribed bylaw”.33

Investigation is the process of trying to find out all the details or facts about something in order
to discover who or what caused it or how it happened. 34 To state otherwise, It is a fact
finding process normally undertaken by the police, for the establishment of the occurrence
or non-occurrence of an alleged offence.35
31
Fisaha Getachew, The respect for human rights in pre-trial criminal investigation (the case of Oromia special zone
surrounding Finifine) February 2015. Addis Abeba, Ethiopia. p, 11
32
BRYANA A.GRANER Black Law’s Dictionary, 8th edition p, 427
33
See article 23 (1) of the 2004 Criminal Code of Ethiopia.
34
Lokesha Bane, Encyclopedia of criminology, Anmol publication PVT.LTD, 1992
35
As Horn by Oxford advanced learner’s Dictionary of current English, Fifth edition, Oxford University press 1995.
P: 1062.

11
Accordingly, Investigation of crime is the process of discovering, collecting, preparing,
identifying and presenting evidence to determine what happened and who is responsible. 36 It is
orientated towards cracking crime, identifying perpetrators, launching prosecutions, proving guilt
at trial and bringing offenders to justice.37

Investigation of crime also refers to the process of examination that the police use to discover the
truth when the law is breached by suspects. In addition, It is a police activity directed toward
the identification and apprehension of alleged criminals and the accumulation, preservation
and presentation of evidence regarding their alleged crimes. 38 On the other hand, it defines as
crime investigation is all about gathering information. Meaning, criminal investigation involves
gathering information, assigning it some value, sorting it and finally utilizing it to develop
facts.39

2.1.1. Purpose of investigation of crime

The main objectives of crime investigation are to detect crime, to identify the offender, to locate
and preserve evidence and bring offenders before a court of law for justice to be served. 40 The
successful detection of crimes and the apprehension of criminals have its own contribution to the
general function of maintaining peace and order in society. In order to detect the crime, the
police officer or investigator should follow the procedural law enacted to perform the crime
investigation process.41 The general objectives of criminal investigation include the
identification of the crime, gathering of evidence, individualization of the crime, arrest of the
suspected person etc..42

36
Leul Woldu The Application of Data Mining in Crime Prevention: The Case Of Oromia Police
Commission 2003, cited in Fisaha Getachew, the respect for human rights in pre-trial criminal investigation (the
case of Oromia special zone surrounding Finifine) February 2015. Addis Abeba, Ethiopia. p.13.
37
Tim Newburn, Tom Williamson and Alan Wright (2007), Handbook of Criminal Investigation: Willan
Publishing, New York, page. 95.
38
Caldwell, R.G. Criminology 2nd edition: New York 1965 .Ronald Press, cited in Alemayehu Sheferaw Tulu:
evaluating the application of human rights principles in crime investigation in Ethiopia (a case study of the Addis
Ababa city policy) university of South Africa Oct 2010 p, 72.
39
Ibid
40
Ibid
41
Alemayehu Sheferaw Tulu: evaluating the application of human rights principles in crime investigation in
Ethiopia (a case study of the Addis Ababa city policy) university of South Africa Oct 2010, p, 74.
42
Ibid

12
 2.1.2. Time of investigation
There are two ways of regulating the duration of investigation. First, the FDRE constitution
provides a general guide line, the enforcement of which is left to the court and the police or the
public prosecutor. Second, the legislature specifies a maximum duration for the investigation;
law-enforcement officials are obligated to comply with this time limit. 43 Article 19(4) of FDRE
Constitution shows the link between the duration of an investigation and the right to a speedy
trial, thereby establishing that the interest in speedy compilation of a criminal proceeding is
applicable not only to the trial stage of the proceeding in relevant part, the provision states”
where the interest of justice requires, the court may order the arrested person to remain in
custody or, when requested, remand him for a time strictly required to carry out the investigation.
In determing the additional time necessary for investigation, the court shall ensure that the
responsible law enforcement authorities carry out the investigation respecting the arrested
person’s right to a speedy trial”.

The 1961 criminal procedure code of Ethiopia incorporates a provision that deals with the
duration. Article 37(1) of the code requires police investigation to be completed without
unnecessary delay. Article 59 provides that additional time for investigation, where the arrestee
is not released on bail, is to be given only upon asserting that there is a need for it. Even then, the
duration may not exceed 14 days on each occasion.

The other approach is the legislature specifically determine the duration of the investigation by
law. This approach was introduced for the first time by the vagrancy control proclamation 44 its
Art 7(1) limits the duration of the investigation to 28 days. The other law providing a maximum
period of investigation is the anti-terrorism proclamation 45, which specifies a four month period
in its article 20(3). Once the investigation is completed, the 1961 criminal procedure code of
Ethiopia, in its article 108(1), requires the prosecutor to file a charge with 15 days, while 8(1) of
the vagrancy control proclamation orders the prosecutor to file a charge within 10 days.

43
Wondowossen (2012), Supra note at 20 p.346
44
Vagrancy control, supra note at 18 art 7(1)
45
Anti-terrorism ,supra note at 19 art 20(3)

13
 2.1.3. Delay in investigation and possible causes for delay
In fact, there are many causes that delay investigation, but the following are some of the
important causes of delay during the investigation, Indian experience;

 Inadequacy of personnel

The growth of crime rate and complexity of the crime have increased the workload of police too
burdensome, while the capacity (status) police remained more or less at the same level. Due to
this shortage of police personnel, an investigation almost invariably takes several days even in
the less complicated cases. In more complicated cases, investigation very often takes month to
finish.46

 Extra-territorial jurisdiction

Most of time, the territorial jurisdiction of police station is generally very far from the place
commission of crime and a run in to several square miles. It is usual for a police officer who is
actually engaged in the investigation of a serious offence at a spot far away from the police
station to receive a message.47

 Lack of separate investigation branch and Piecemeal investigation

Normally, it has been observed by that on account of the various duties to police officers it is not
practicable for them to give exclusive and single-minded attention to the investigation of crime.
It sometimes happens that police officers while investigating a particular offence they will
suddenly called upon to attend to some other duty and he has either to suspend the investigation
or hand it over to a junior officer.48

Another compliant relating to the method of investigation by the police is that the cases are not
investigated by one officer but by several officers in succession. On many occasions, while the
investigating officer is in the midst of the investigation, he is called away in connection with
some other duty. The result is that either he suspends the investigation or hands it over to a junior

46
Law commission of India, fourteenth report, on Reform of Judicial Administration, vol I, 1958, cited in
JAGMOHAN SINGH, Right to speedy justice for under trial prisoners, 1997, p, 133.
47
Id p, 134
48
Ibid

14
officer. Mostly, investigation officers are transferred without being allowed to finish the
investigation on hand.49

 Lack of proper training

The need for a systemized training for the police officers in proper method of investigation can’t
be overemphasized. Skilled investigation is an art which can be learnt only by training and
experience. The existing police departments are not adequately equipped and sufficient in
number to meet the needs of the police force.50 The lack of proper training thus seldom delays
the investigative process.

 Lack of supervision

Another important cause of delay in the investigative process is lack of supervision by senior
officers over their subordinates. Supervision is all about controlling, monitoring and evaluating
the day to day activity of police officer. To have an efficient and effective criminal investigation,
coordination and supervision between investigating police officers are significant to halt the
problem of delay. This and other malpractice consume time and thus impede the process of
investigation.51

 Lack of legal assistance to investigating officers

One of the important causes of prolonged investigation is lack of assistance to the investigating
officers. A great many of such officers are not law graduate or do they have sufficient knowledge
of the law and the procedure of the law courts. Majority of police officers are often unable to
appreciate the significance or importance of a particular piece of evidence to the prosecution
case. Whether any links in the chain of evidence connected the accused with the crime are
missing, whether any connected matters require to be investigated in order to fill up lacunae in
the prosecution case, whether sanction for the prosecution is necessary officers find it difficult to
solve or even appreciate. Thus, the lack of legal assistance seldom delays the investigation. 52

49
Ibid
50
Id p, 136
51
Ibid
52
Ibid

15
  Lack of public-cooperation

The United Nation human right committee (UNHRC) report says that the police officers have
complained that investigation is hampered owing to lack of cooperation on the part of the public.
It is not unusual for even persons who have been eye-witness to the commission of an offence to
evade or attempt to evade giving evidence.53 Most of the time the witness in the rural and smaller
urban areas is not assured even of their expenses of going to coming from police stations. All
these factors not only add to the difficulties of investigation but also delay the investigation. 54

 Facilities for transport and scientific investigation lacking

In recent years great progress has been made in foreign countries in the application of science as
an aid to police work. The introduction of motors cars, giving greater mobility to the police
forces, the use of wireless technology to facilitate dissemination of messages, gradual
development of police laboratories to help in investigation of crime has been modernized. Lack
of such facilities ultimately impedes the process of investigation.55

In addition, there could be various factors leading to delay in investigation such as deliberate
absence of witness and nature and complexity of the offence which is under investigation are
also other factors.56

2.2. Rights of an arrested (accused) persons during investigation

There are number of rights that the arrested (accused) shall enjoy without any interference from
the law enforcement body especially police during investigation. 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 without distinction as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.57

53
Id, p, 134
54
Id p, 137
55
Ibid
56
Dr Shipra Gupta; speedy trial and access to justice,1993, p, 1
57
Vienna Declaration and Programme of Action, adopted by the world conference on Human Rights in Vienna
on 25 June 1993

16
The protection of human rights is also closely linked to the police, although it is to be
realized in real sense of its effect, where all government agencies function in line with the
universal principles of human rights. The police are the most important governmental agency to
which the protection of human rights is closely related because of the nature of its powers and
functions.58 The major challenge in historical, current and future policing will be to create and
sustain the balance between policing a society and its individuals and also protecting their
human and individual rights.59

There are many responsibilities of police during the investigation stages. Those responsibilities
of police are directly related with the human rights of suspects. 60 All types of human rights of a
suspect have collateral responsibilities on police. In this regard the following lists show
fundamental human rights of suspects and the responsibilities of police.

 The right to remain silent. Notifying the suspect about his/her right to remain silent and
any statement he/she made may be used as evidence against him/her in court.61
 The right to have a defense lawyer. Ascertaining that the suspect has a defense lawyer
from the suspect (questioning the suspect whether he/she needs to have a lawyer or not).62
 The right to bail. Allowing the right to bail pursuant to article 28 (1) of the Criminal
Procedure Code or facilitating appearance of the suspect before courts for orders.63
 The right to be visited by spouses or partners, close relatives, friends, religious
councilors, medical doctors and their legal counsel. Allowing visit of the suspect.64
 The right to protection against cruel, inhuman or degrading treatment Providing food and
neat shelters; (and refraining from causing bodily injury (it is included with in the
obligation to respect not protect)).65

58
De Rover, C. 1998. To Serve and to Protect: Human Rights and Humanitarian Law for Police and Security Forces.
Geneva: International Committee of the Red Cross. Gane, C. 1997. The Administration of Human Rights and of
justice International Instrument. Boston: Clawer Law international, cited in Alemayehu Sheferaw Tulu: evaluating
the application of human rights principles in crime investigation in Ethiopia (a case study of the Addis Ababa city
policy) university of South Africa Oct 2010 p, 60.
59
Ibid
60
Abiyo Girma Tamirat; the police and human right in Ethiopia (accessed on 06, November, 2016). Available at
www.abyssinialaw.com.
61
See Art 19(2) of FDRE Constitution of 1995
62
Id art 20(5)
63
Id art 19(6)
64
Id art 21(2)
65
Id art18(1)

17
  The right to speedy trial (justice) Conducting investigation without delay.66
 The right to privacy Conducting search and seizure with and without warrant only as
prescribed by the law.67

In nutshell, the above mentioned lists give the right to arrested (accused) person during
investigation. To state otherwise, it inversely impose duties on law enforcement bodies i.e. police
to conduct investigation with the view to respecting human right of arrested person which are
stipulated in different human rights instruments and the FDRE Constitution in chapter three of
“fundamental rights and freedom”.

2.2.1. The right to speedy trial

2.2.1.1. Meaning
According to black law dictionary speedy trial is define as a trial that the prosecution, with
reasonable diligence, begins promptly and conducts expeditiously. 68 The term speedy trial can be
defined as a trial that should be established within a reasonable time without superfluous delay
so as to provide protection for the constitutional guarantee of individual suspects and strive to
refine quickly the guilty or innocence of the suspected person behavior. 69 Right to speedy trial is
fundamental to access to justice.70 The guarantee of speedy trial has limit the oppression, and
prevention of delay by obligating the court and the prosecution to provide with the trial with
reasonable dispatch.71 The United Nation Human Rights Committee notes that the guarantee
of speedy trial relates not only to the time by which a trial should commence, but also
the time by which it should end and judgment be rendered; all stages must take place
“without undue delay”.72 The committee some indication as to when the right begin i.e. ”all
stage” without undue delay meaning the right speedy trial shall begin from the moment of police
investigation. In addition speedy trial start contrary to what its name (right to speedy trial)
suggests, the right is relevant not only at the stage of trial but during the whole criminal

66
Id art 19(4)
67
Id art 26(1)
68
Black law, Supra note at 32 p, 1530.
69
www.allresearchjournal.com/archives/2015/vol/1/issue7/part k/1-6-44.pdf
70
Dr Shipra, supra note at 56 p, 1.
71
ibid
72
Human Rights Committee General Comment No.13 (21) Article 14 adopted at its 516th meeting (21st session)
(12 April 1984) para.10, cited in Rakeb Messele: enforcement of human rights in Ethiopia August 2002, p, 54.

18
proceeding, beginning from investigation.73 The right to speedy trial begins with the actual
restraint imposed by arrest and consequent incarceration and continues at all stages till the
offence consummates into finality.74

The right to speedy trial is one fundamental human right of arrested person stipulated under the
FDRE constitution.75 It also defined in different international and regional legal framework for
instance, international covenant on civil and political rights 76 and the Africa charter on human
and people’s rights.77 Therefore Ethiopia is party to this human right instrument so she is legally
bound by it.78 The right to a trial within a reasonable time and without undue delay is
considered one of the fundamental procedural rights of a person accused of a criminal
trial.79 Most international law human rights instruments make provision for the rights to a trial
within a reasonable time. International instruments that protect an accused in criminal
proceedings include human rights and humanitarian treaties. Provisions under these treaties are
often couched as “right to speedy trial”, “trial within a reasonable time” and “trial without undue
delay”. This right is enshrined in international instruments such as in article 14(3) (c) of the
International Covenant on Civil and Political Rights; articles 20 (4) (c) and 21 (4) (c) of the
Statutes of International Criminal Tribunals for Rwanda and the former Yugoslavia
respectively; article 8 (1) of the American Convention on Human Rights; and article 6(1) of the
73
Wondwossen(2012), supra note at 20 p, 346
74
Dr Shipra, supra note at 56 p, 3
75
Supra note at 1 Article 19(4) which provide that “where the interest of justice requires, the court may order the
arrested person to remain in custody, or, when requested, remand him for a time strictly required to carry out the
necessary investigation, that “in determining the additional time necessary for investigation, the court shall ensure
that the responsible law enforcement authorities carry out the investigation respecting the arrested person’s right to a
speedy trial”.
76
International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series,
Volume 999 p.171, available at http://www.refworld.org/docid/3ae6b3aa0.html (accessed on 06
November, 2016).
77
African Charter of Human and People’s Rights (also known as the Banjul Charter) adopted June 27,
1981, OAU Doc. CAB/LEG/67/3 rev.5, (1982) 21 I.L.M. 58, entered into force on October 21, available
At http://www1.umn.edu/humanrts/instree/z1afchar.html (accessed on 06, November 2016).Cited as the African
Charter.
78
Supra note at 1 Article 9(4) of FDRE constitution “all international agreements ratified by Ethiopia are an integral
part of the law of land” in addition see article 13(1) which provide;
(1) “All federal and state legislative, executive and judicial organs at all levels shall have the responsibility and duty
to respect and enforce the provisions of this chapter”.
(2)”the fundamental rights and freedoms specified in this chapter shall be interpreted in manner conforming to the
principles of the Universal Declaration of Human Rights, International Covenants on Human Rights and
International instruments adopted by Ethiopia.
79
Farrell, B (2005) “The Right to a Speedy Trial before International Criminal Tribunals.” 19 SAJHR 98, cited in
ARUSHA GOPAUL: the impact and constitutionality of delayed trials on the rights of a suspect or accused person
during criminal proceeding February 2015 p, 11.

19
European Convention for the Protection of Human Rights. 80 The Sixth Amendment of the
American Constitution81 contains a provision relating to the rights of an accused in criminal
prosecutions with particular emphasis on the right to a speedy trial and a public trial.

Once a person is suspected of the commission of a certain crime, there is a public interest in
ascertain the validity of the suspicion without unnecessary delay. This is commonly is referred to
as the right to the speedy trial82 and the right begin from apprehension of suspect by the police
and beginning of investigation.

2.2.1.2. Purpose
According to Vienna Declaration and Program of Action in 1993 83, human rights are interrelated,
interdependent, indivisible and universal. Human rights are a special sort of inalienable moral
entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race,
nationality, or membership of any particular social group. Human rights belong to an individual
as a consequence of being human. Since, speedy trial is one of fundamental human right arrested
(accused) persons due consideration is taken by police during criminal investigation. If this right
is violated by police meaning if he bring the suspected person before the court after lapse of
prescribed time under the law or delay the criminal investigation then there is a possibility in
which other human right of arrested (accused) person while in police custody. Because human
rights are interrelated.

Among the justifications for the right to a speedy trial are: avoiding lengthy unfounded
imprisonment, minimizing the anxiety of awaiting case resolution, and protecting the defendant’s
ability to defend against charges (for example, evidence may disappear and witnesses’ memories
may fade over time).84

80
ARUSHA GOPAUL, The impact and constitutionality of delayed trials on the rights of a suspect or accused
person during criminal proceedings, 2015, p, 12.
81
The constitution of the United States, 1971.amendement VI available
at: http://www.law.cornell.edu/constitution/sixth_amendment (accessed on 07 November, 2016).
82
Wondwossen(2012), supra note at 20 p,346
83
Vienna declaration, Supra note at 57

84
Wondowessen(2012), Supra note at 20 p, 6

20
 2.3. The role of other fundamental rights in defining the scope of the right to speedy
trial

A. The right to personal liberty

The right to personal liberty is guaranteed under the FDRE Constitution 85 in a way that is similar
with the widely accepted international instruments like the ICCPR 86, UDHR87, and
African Convention on Human and Peoples Rights. 88 Ethiopia has ratified both ICCPR and
ACHPR and as such has an obligation to implement this provision. The constitution guarantees
every one the right to personal liberty but in exceptional circumstance in accordance with the law
it may restrict the right. The right to personal liberty is direct connection with right to speedy
trial. There is doubt as deprivation of once liberty in accordance with the law. But the main
problem is not on deprivation of liberty rather on unreasonable delay in criminal investigation.
Pre-trial Delay in crime investigation always makes the police to request additional time for
finalize his/her investigation; thereby it creates a condition on arrested person to wait his case
while in prison for indefinite period of time. This unreasonable delay, always deprive the
arrested person to personal liberty in particular and the right to speedy trial in general. The fact
that, pre-trial detention is all about deprivation of personal liberty if unreasonable delay exist. As
a result, it should be seen in the following standard prepared by United Nation. The rules as
follow:

The United Nations Standard Minimum Rules for Non-Custodial Measures (the so-called Tokyo
Rules).89 In particular these Rules provide that:

85
Supra note at 1 Article 14 of the FDRE constitution provides;
Everyone has the inviolable and inalienable right to life, the security of a person and liberty.
On the other hand Article 17 provides;
1. No one shall be deprived of his or her liberty except on such grounds and in accordance with such
procedure as are established by law.
2. No person may be subjected to arbitrary arrest and no person may be detained without a charge or
conviction against him.
86
See article 9 of ICCPR which provides” everyone has the right to liberty and security of person.no one shall be
subject to arbitrary arrest or detention.no one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law”.
87
See article 3 of UDHR state everyone has the right to life, liberty and security of person. When we compare two
human rights instrument ICCPR gives broader definition than UDHR and the latter can’t laid the ground in which
the right are limited(restricted)
88
Kelali Kiros, The bail justice in Ethiopia: challenges of its administration, 2011 p, 56 Available at
www.Chilot.com(accessed on 07 November, 2016)

89
Tokyo rules, Supra note at 28 p, 96

21
 a) pre-trial detention should be a means of last resort in criminal proceedings, with due
regard for the investigation of the alleged offence and for the protection of society and
the victim;
b) alternatives to pre-trial detention shall be employed at as early a stage as possible;
c) pre-trial detention shall last no longer than necessary and shall be administered
humanely and with respect for the inherent dignity of human beings; and
d) the accused shall have the right to appeal to a judicial officer or other competent
independent authority in cases in which pre-trial detention is employed. This rule
somehow assists the countries to conform their laws in relation to detainee person before
trial.

B. The right to presumption of innocence

The right to presumption of innocence as a fundamental right of human beings is recognized by
the FDRE constitution. The constitution provides that “During proceedings accused persons have
the right to be presumed innocent until proved guilty according to law and not to be compelled to
testify against themselves”.90 This right is also defined as per Article 11 of UDHR declares that
‘everyone charged with a penal offence has the right to be presumed innocent until
proved guilty’.91 This indicates that anyone who is suspected or accused of certain crime
should be treated as innocent until proven guilty in trial according to law which
guarantees them right to defense. The scope seems very wide it includes the whole criminal
proceeding. However, the literal meaning of the 1995 FDRE Constitution say “during
proceeding” the right to presume innocent seems only during trial. Since law require the police in
order to arrest he should have reasonable suspicion on the alleged of crime committed by
suspected person. The criteria of “reasonable suspicion” determine case by case. The suspected
person doesn’t mean always guilty. I think it’s better to extend to pre- trial stage during criminal
investigation. If we allow this right during trial only, this may create bias on the mind of the
police and believe that the arrested person is actually committing the crime. As result, the police
may intentionally or otherwise delay investigation process to criminalize the arrested person.

90
Supra note at 1 articles 20(3)
91
See Universal Declaration of Human Rights (UDHR), adopted and proclaimed by United Nations General
Assembly Resolution 217 a (III) of 10 December 1948, article 11.

22
Police officers have an obligation to presume each individual to be innocent of wrong doing
without evidence to the contrary. They should not use persons as a means to justify good ends92.

C. The right to due process of law

The concept of due process of law come in to existence in to the Ethiopian polity, the FDRE
Constitution of 1995 which provides, “No one shall be deprived of his or her liberty except on
such grounds and in accordance with such procedure as are established by law. 93 It is considered
to be unclear on the fact of whether due process is recognized due to the fact that the term “due
process” is missing from the vocabulary of the constitution and it is replaced by other words
which we are not clear as to whether the drafters of the constitution are referring to due process
while incorporating words like this in the above constitutional provision.94

The interest on the speedy completion of a criminal proceeding is justified both by substantive
and procedural grounds. Completion of the criminal proceeding without unnecessary delay
allows the convicted defendant to be punished promptly, thereby satisfying the victims
implementing the punishment timely so that it will serve its purpose. On the other hand, if the
suspect is found not guilty, he will be acquitted without delay, thereby shorting the time of his
deprivation of liberty. From a procedural and evidentiary point of view, a speedy completion of a
criminal proceeding prevents problems that would have occurred as a result of delay. That is as
time goes on witness may become inaccessible due to death, health problems, or a change of
residence even where they are available, memories may fade as time goes by for this and other
related reasons, the law, in general terms, provides that the criminal cases be disposed of without
unnecessary delay.95

2.4. Extent of the right to speedy trial

Basically there is no time limitation which determines the extent of speedy trial, because
the nature of offence which is going to be tried requires different length of time. That means,
petty offences require a short time as may be, but other serious crimes like homicide and felonies
take a long time. However investigating police officer require longtime even for petty offence is
possible to finalize the task within short period of time while the suspect is under arrest.

92
Alemayehu (2010), supra note at 41 p, 66.
93
Supra note at 1 Art 17(1) of FDRE Constitution.
94
Kelali Kiros (2016), supra note at 88 p, 75
95
Wondessen (2012), supra note at 20 p, 346

23
Chapter-Three:-Investigation of Crime and pre-trial Delay in crime Investigation in Bench
Maji Zone Area police stations.
3.1. Geographical Area of Bench Maji Zone

Bench Maji Zone is one of the Zones of the Ethiopia Southern Nations, Nationalities, and
Peoples’ Region (SNNPR). It is bordered on the south by the llemi Triangle, on the west by
South Sudan, on the northwest by the Gambela Region, on the north by Sheka, on the northeast
by Keffa, and on the east by Debub Omo. The administrative center of the Zone is Mizan Tefri;
and has three police stations these are: zone police station, city administration, and sub-city
police station). Based on the 2007 census conducted by the CSA, the zone has a total population
of 652,531, of whom 323,348 are men and 329,183 women. There are seven largest ethnic
groups, these are: the Bench (45.11%), Me’en(21.36%), Amhara(8.23), Kafficho(6.55%),
Dizi(5.17), Sheko(4.21%) and the Suri(3.88%). Bench is spoken as a first language in the area.96

3.2. Investigation of crime

Under the customary rules of Ethiopia, the procedure to be followed when a crime was
committed depended on whether the victim knew the wrongdoer or not. 97 If the wrongdoer was
unknown to the victim, two major methods of investigation and identification of the criminal
were used: affersata and lebashai.98 Even though there have been several criminal investigation
mechanisms implemented in the various parts of Ethiopia. These are the most commonly and
widely used techniques of traditional criminal investigation.99

Even though the application of the 1961 criminal procedure code of Ethiopia to all regions is
subject to doubt, but still the code is being enforced throughout the regions. The code in its
article 22 orders the police to proceed investigation whenever the police know or suspect that an
offence has been committed. Article 23 also state that an investigating police officers carry out
their duties under this chapter notwithstanding that they are of opinion that the accusation,
complaint or information they may have received is open to doubt. Thus, from this it can be
savely concluded that since the main obligation of the police is to ensure peace and security and
prevention of the commission of crime in the society, no doubt that the police are assumed to
undertake the task of investigation in accordance with this code.

96
http://www.encyclopedia.special:history/Bench_Maji_Zone(accessed on January 12, 2017)
97
Wondessen (2012), supra note at 20 p, 6
98
ibid
99
ibid

24
 3.2.1. The investigation process
In general, investigation process is refers to techniques that governs and indicates, how and when
the police conduct crime investigation. It is also refers to the mechanisms through which the
police conduct crime investigation to find out the truth about a given criminal act. For instance,
once the police have information as to the commission of crime, he/she arrest the suspect to get
information, search the suspected person or premises or seizure of material which is prepare to
use, or used but not completed, or already used materials. The investigating police officer may
employ different methods (ways) of crime investigation process.

The next discussion tries to provide some information as to the general process of crime
investigation being employed by police, the process are not independent by itself, rather they are
in collaboration with other methods. In addition, they are not exhaustive but illustrative.

3.2.1.1. Arrest
Once the police have information as to the commission of crime, he/she may arrest the suspect
person with a view to collect information to prove the allegation against the suspect. All
international, regional and national human rights instrument provide that no one shall be
subjected to arrest or detention. It is only in exceptional circumstance provided by law the liberty
of a person may be deprived. To this end, the FDRE Constitution and subsidiary laws of Ethiopia
permit the police to conduct investigation of crimes by arresting the suspect in accordance with
the law. In fact, arrest can be made with or without court warrant. In principle, article 49 of the
1961 criminal procedure Code of Ethiopia provides that no person may be arrested unless a
warrant is issued and no person may be detained in custody except on an order by the court.

However, in exceptional conditions a suspected person could be arrested and detained for the
purpose of conducting investigation by the police without having secured a court warrant. This is
possible as per article 25 by issuing summons requesting the suspect to come voluntarily to a
police station (arrest on summons) or by going directly to the place where the suspect is found in
accordance with Article 51 and in accordance with article 50 in case of flagrant offense.

Article 56 of the same code provides how arrest is made. The provision applies to both arrest
with warrant and without warrant and it laid down the procedure to follow the police to effect
arrest. This are, establish the identity of the person to be arrested. 100 Where the arrest is made
100
See article 56(1) of the 1961 criminal procedure code of Ethiopia

25
with a warrant, the police officer shall read out the warrant to the person to be arrested and shall
show it to the person arrested if he so requests.101 He shall then actually touch or confine the
body of the person to be arrested unless there is a submission to his custody by word or action. 102
And, if such person forcibly resists the endeavors to arrest or attempts to evade the arrest, such
officer may use all means proportionate to the circumstances to effect the arrest. 103

The 1995 FDRE Constitution Ethiopia as per article 19(3) and the 1961 criminal procedure code
per article 29 and 58 impose an obligation on the arresting police officer to bring the arrestee
before nearest court within 48 hours. To assess the implementation of this provision by the police
and related issues the researcher observe the practice of different police stations (namely, zone
police station, city administration and sub-city police station) in Bench Maji Zone area and
interview with ten police officers. The question forward to the interviewer police officer is as
follow.

Question-1: Why the police fail to bring the arrested person before the court within 48 hours?
What are the responsibility of police in respecting and promotion of human rights?

A police begin investigating crime, when the information is reported to the police. The
information is reported by two ways: - These are through accusation 104 and compliant105 and also
personal observation (Flagrant offence). After the information is reported, the police has a duty
to start investigate crime. Police has power to arrest suspected person. The police may arrest with
warrant or without warrant. Arrest without warrant is effective where the crime was flagrant
offence.

Do you bring the suspect before the court within 48 hours after arrest? This question is brought
to ten police officers.

101
Ibid sub-article 2
102
Ibid sub article 3
103
Ibid sub-article 4
104
Id art 11
105
Ibid article 13

26
From ten police officers, eight of them answered that arrested person shall be detained for 24
hours in police station before they are brought before the court. Then the researcher asked why
the arrestee is imprisoned for 24 hours in police station? Is there any law that says so? The
respondent’s (police officers) answered unanimously 24 hours imprisonment is normally
followed as a norm and the researcher personally observed the practice of the police in different
police stations in the area that, 24 hours detention is common practice after arrest. In other
words, suspect can’t claims his/her right before lapse of 24 hours in the words of the respondents
police officers. And, also after 24 hour imprisonment at police station then arrest taken in to
court according to circumstance of the case and gravity of the offence. There may be a
possibility in which arrested persons may not be brought before the court. This is mainly because
the respondent’s police prefer compromise the victim and the accused instead of bringing the
suspect immediately before the court. In fact, there is no law which gives the power to the police
to arrest the suspect for 24 hours at police station. Basically, crime is not individual concern
rather the public in general has interest on it (except crime punishable upon complaint). Thus the
act of compromise between victim and accused is against the law. This act of the police is clearly
in contradiction with the Constitution and other subsidiary laws, by putting the suspected person
in the police custody without conviction and it does contribute to affect speedy trial of an
arrested persons. The police as executive branch of the government have a duty to respect and
implement the human rights provision in the Constitution.

Two of the respondents (of police officer) state that they know their obligation to bring the
suspect within 48 hours before the court but they usually fail to do so because they know that the
suspect will not claim their rights. The respondents believe they are not accountable, if they
don’t bring the suspect before the court within prescribed time after arrest. Their act simply
shows that they are abuse their power by using the ignorance of law on the part of the suspect.
From this we can understand that most police officers misunderstand the concept of Art 19(3)
Constitution and other police officers are recklessness on their profession. These are the major
obstacles for the proper implementation of Art 19 (3) of the Constitution Therefore, it can be said
that the arresting police officer is not properly performing discharging his/her constitutional
duty.

27
Question-2: Does the suspect claim his/her right against the police before court of law? What
are the possible remedies available for such violation?

The researcher brings this question to arrested persons in different police stations. Most of them
were suspected of petty offences and they were detained more than three days to three months
and even above and are waiting till the police bring them before court of law. Majority of the
respondent’s (arrested persons) answered that from the beginning they didn’t know their rights,
i.e. the right to be brought before the court within 48 hours. Even though, they know their right,
they fear to bring their cases to the attention of the court mainly because if they do so undesirable
consequence shall definitely be imposed on them by the police. They consider the police as
having the right to do everything while they are in the custody. Then, the researcher try to see the
case in the court in relation to the claim of the suspect to release from arrest but it didn’t find any
case of habeas corpus claim. In addition, the researcher tries contact judges who work both in
Bench Maji Zone area High Court and First Instance Court but due to high work load of judge
attempt is failed.

The word “remedy” or “remedies” is defined as criminal, civil, administrative and other means
for victims to protect their interests and exercise their right. The objective of a remedy is to
restore the person who has been victimized due to violation of human rights to the position he or
she would have been in had the violation not occurred. 106 If the police officer doesn’t bring the
suspect before court of law within prescribed time there are certain possible remedies available
for victim among these;

Penalizing perpetrators appears to be the first and basic type of remedy on those who violate of
human rights of suspects and it is all about making police officers responsible for their illegal
violation of human rights of arrested person. And, penalizing perpetrators may take a form of
political, legal or administrative responsibility.107 Even though, it is missing in the FDRE
Constitution “right to compensation” for unlawful arrest or detention. ICCPR as per art 9(5)
provide that anyone who has the victim of unlawful arrest or detention shall have an enforceable
right to compensation. Admitting such remedies have to exist in Ethiopia owing to its
membership to ICCPR, the Ethiopia law on the extra-contractual liability of the state can be used

106
Abiyou Girma (2013), supra note at 60
107
ibid

28
as an instrument to enforce the right of compensation to the victim of an unlawful arrest or
detention.108

3.2.1.2. Search
Search is one of the tasks of the investigative police officer during investigation of crime.
Normally, search is conducted for items that can be used as evidence during the trial. 109 It also
mainly made to develop associative evidence or to find evidence that could link a suspect
to a certain allegedly committed the crime. 110 Searching happens to be a vital task in criminal
investigations due to the reason that it helps to find evidence pertaining to crime and criminals.
However, what is equally important is that an investigator’s understanding of the laws
relating to searches111. Every search to be conducted must be firmly based on an understanding
of the restrictions under which police officers must operate.112

Search can be conducted either on the arrested person or on the premises of suspected person.
Search requires a probable cause. Probable cause is the minimum amount of information
necessary to cause a reasonable person to believe that a crime has been or is being committed by
a person who is about to be arrested or suspected. 113 To conduct search police officers
must appear before a judge and establish probable cause to believe that the location
contains evidence of a crime and specifically describe that evidence. Accordingly, a court
may issue a search warrant only on finding that there is probable cause to believe that evidence
of a specific crime will be found in the location to be searched.

Search as stipulated in the Ethiopian criminal procedure code could not be conducted unless the
police officer or member of the police is in possession of a search warrant from the court so as
not to affect right to privacy.114 Search warrants represent an authorization by the court for
investigators to enter a designated structure and search for specific items. Additionally, a

108
Civil code of Ethiopia, article 2126
109
Fisaha Getachew(2015), supra note at 31 P, 14
110
Ibid
111
James W. Osterburg and Richard H. Ward (2010), Criminal Investigation: A Method for Reconstructing the
Past, Sixth Edition, cited in Fisaha Getachew, the respect for human rights in pre-trial criminal investigation (the
case of Oromia special zone surrounding finfine) 2015 P, 14
112
Ibid
113
Ibid
114
See article 32 of Criminal Procedure Code of Ethiopia.

29
search conducted with a warrant must be limited to the specific area and specific items
named in the warrant, in accordance with the particularity requirement.

Lawful searches must satisfy certain procedural requirements, such as informing the person to be
searched of the police officer’s name and police station he/she came from as well as the reason
for the search. Moreover, search is closely associated with the right to privacy of individual, so
any neglect of the procedural requirements and formalities is an arbitrary interference with this
protected right. More importantly, it is mandatory for the police to have a search warrant before
searching any premises and property of suspects. However, search without a warrant could
be allowed in some exceptional cases to avoid delay that may result in impediment of
justice. Search without warrant may be conducted in the following cases where;-

I. There is a flagrant offence,

II. Information is given to the police that there is reasonable cause for suspecting that items
which could be used as material evidence in respect of an offence may be destroyed
III. The offence with which the person is suspected of is punishable with more than three
years imprisonment.115

3.2.1.3. Seizure
seizure is the arrest of a suspect in relation to conducting a crime investigation to bring him
before court of law or to prevent further offences by the suspect and it also includes seizing
of items that may be considered (used) as evidence during the trial. Seizure is conduct by
police in seizing or capturing suspects who are wanted by the police for possible criminal acts to
which they are suspected of having committed.116 Seizure forms part of the process of criminal
investigation which authorizes the police to collect material evidence that might later be
presented in court.117 Seizure can be conducted on the suspects and some objects which have a
relationship to the alleged crime. Evidence that is seized illegally will be of no value. Seizure is
conducted with court seizure warrants issued to perform seizures. The police have to convince
the court to obtain seizure warrant by satisfying it that the suspect is the offender and the court

115
Ibid sub article 2
116
Simeneh Kiros. 2001. The law of criminal procedure commentaries and exercise Ethiopia: unpublished p, 33.
117
Paul Roberts (2007), Law and Criminal Investigation, Willan Publishing Ltd, cited in Fisaha Getachew, the
respect for human rights in pre-trial criminal investigation (the case of Oromia special zone surrounding finfine)
2015 P,16

30
issues the seizure warrant to seize the person whenever and wherever he/she is found by
police.118

Therefore, seizure can only be conducted in accordance with the law so as not to violate
rights to liberty of individuals. Though seizure normally demands a seizure warrant, in cases of
flagrant offence police have the right to seize the suspect and the objects that are linked to the
crime without warrant.119 According to the 1961 criminal procedure code of Ethiopia
flagrant offence is an offence which the suspect has apparently been found committing, or
attempting to commit or has just committed a certain crime.

3.2.1.4. Interrogation
Interrogation as a practical matter, involves some of the most important functions of police: the
investigation of crime, the apprehension of offenders, the restoration of order, and the deterrence
of future crime. Interrogation can be considered as a method through which police conduct its
investigation. By virtue of article 27 of the criminal procedure code, police ask the suspect to
answer the accusation or compliant made against him after arrest. Persons arrested shall not be
compelled to make confessions or admissions which can be used as evidence against them. Any
evidence obtained under coercion shall not be admissible pursuant to article 19(5) of FDRE
Constitution.

The researcher asks investigating police officers who worked in different police station, the
practice of interrogation. Most of respondent’s police officers admit that sometimes they use
force during interrogation. They explained reasons that they use force when the accused person
does not give correct information or when the accused person is habitual offender. Therefore,
during the course of investigation the police use physical force, mental torture, undue influence
etc... This act of police forces the suspect to self-incriminate thereby causing the violation of the
constitutional right of the arrested person.

118
ibid
119
See article 51 of criminal procedure of Ethiopia.

31
 3.3. Delay in investigation of crime
Factors underlying the problem of delay crime investigation are varied and many. These factors
are interwoven to such an extent that any attempt to tackle this problem from one angle is
unlikely to be satisfactory.120

In fact, there is pre-trial delay in crime investigation in Bench Maji Zone Area police stations
and it result has a negative impact on the enforcement of the right of an arrested person the right
to speedy trial, therefore, in next section the researcher attempt to dig out the reasons and also
show how those factors has impacts on the enforcement of the right of arrested persons to speedy
trial in police custody.

3.3.1. Reasons causing delay in investigating crimes.

Question-3: What are the causes of pre-trial delay in crime investigation and its impact on
enforcement of the right to speedy trial of suspected persons in Bench Maji Zone area police
stations?

Excessive and extended pre-trial detention violates a number of rights, key among which are the
right to liberty, the right to dignity and the right to a fair and speedy trial. Like elsewhere in
Ethiopia, a number of suspected persons were waiting their case due to the reason of pre-trial
delay in crime investigation in Bench Maji Zone Area at different police stations and its results
erode the confidence of arrested persons in particular and societies in general with respect to the
administration of justice. The researcher observed the files found in the different police stations
shows that investigation is not taken in expedites ways. Meaning that, it takes minimum, one
month to three months and more. In addition, the researcher attempted to investigate what the
causes to delays in crime investigation are during pre-trial stage.

The researcher mentioned and discussed a number of causes that are accountable for delay in
pre-trial criminal investigation in general in chapter two and those causes which mentioned
earlier are more or less which is prevail particularly in Bench Maji Zone Area police stations.
Since the area was rural, it is undeniable fact that there a number of factor that reasons for pre-
trial delay in crime investigation, these are: lack of proper training, lack of supervision, corrupt
investigator, incompetent investigator, lack of legal assistance to investigating officers, lack of

120
V N Rajan & M Z Khan, Delay in the Disposal of Criminal Cases in the Sessions and Lower Courts in Delhi,
1982 p, 13

32
separate investigation branch, poor communication between prosecutors and investigators of
cases and lack of forensic investigation department which is existed in different police stations in
Bench Maji Zone Area.

The 2008 annual police report121 of different police stations in Bench Maji Zone with regard to
investigation of crimes lists a number of challenges that cause delay in crime investigation and
the report reiterates the causes mentioned above and it shows that there are still problems with
regard to the general tasks of investigation. The report also revealed the causes (reasons) that
give rises to undue delay in crime investigation. From these, corrupt investigating police officers,
incompetent investigators and lack of proper supervision between senior and junior investigating
police officers are rampant problems that are obstacle to pre-trial delay in crime investigation.
However, other causes indicated by the report include such as the place of commission of crime
and police stations are far way (extra territorial jurisdiction), lack of separate investigation
branch and lack of public cooperation. The report simply sorts out the causes but it fails to
provide the possible solution to minimize the problems. Among other things, the major factors
contributing to the existing human rights violation during criminal investigations are low level of
education and lack of awareness on human rights. It is better to say all the respondents’ police
officers have completed grade ten and no more further. Most of investigators do not have the
necessary understanding regarding the provisions pertaining to human rights and the law while
others violate it due to different reasons (e.g. Corruption).

In fact, the researcher observed these problems in different police stations. The question here is
how these causes has an impact on the enforcement of the right of the arrested (accused) persons
to speedy trial. Since speedy trial begins from the time when the police apprehend the suspect
and continues throughout the investigation stage and hence due consideration need to be taken in
to account to solve the problems through taking legislative and administrative measures. Once
crime investigation is delayed due to the above mentioned reasons, investigating police officers
are forced to request the court additional time to finalize the investigation. The remand requested
by the police again and again would result that the accused remain in police custody for
indefinite period of time.

121
The report(2008), supra note at 10

33
As stated above, the area is rural; there is lack of infrastructure, and lack of skilled man power.
Investigation of crime is not an easy task it require availability of resources, knowledge, skill and
ability. The police have a duty to investigate facts not only to criminalize the suspect but also a
duty to release the suspect incase false accusation. There is a common proverb under Anglo-
Saxon criminal jurisprudence, which states that ten guilty may go unpunished but one innocent
should not suffer. To have complete, enough and reliable investigation system, the police
investigation department must have equipped with modern technology to investigate complex
crime within reasonable time and skilled personnel to perform the tasks of crime investigation.
However, these kinds of facilities are insufficient in Bench Maji Zone area police stations. To the
worst, the researcher observed most of the investigating police officer did not known about when
and how human right should be respected. In addition, there is no forensic department to
investigate crimes in Bench Maji Zone.

Forensic investigation is an investigation done in the forensic laboratory to identify the technical
evidence such as finger prints, arson, document examination and biochemical examination that
give assistance to the effectiveness of crime investigation.122

Question-4: What are the yardsticks by which the court orders the remand to the police? Do the
police use the time properly?

To answer this question the researcher tries to contact the judge but, as it mentioned earlier, due
to high worked load of the judges’ attempt to get is hardly possible. But, attempts are made to
investigate the laws and the practice of the police in demanding the remand. In fact, remand trial
is based on case by case and there is no clear cut law which governs the matter, meaning that
discretion of the judge is very wide. All of the respondent’s (police officers) answered that the
court simply gives remand upon request without challenging the police report. Simply the
practice seems the court grant remand to the investigating police officer only upon demand.
Since the court compare with legislature, the court has the chance to see the cases in detail and
the status (report) of police investigation. Therefore, in ordering remand the court need to strictly
consider the report of the police investigation with a view to enforcing the right of arrested
person to speedy trial.

122
Alemayehu(2010), supra note at 41 p, 73

34
With regard to remand it is better to see the criminal procedure code, the dangerous vagrancy
proclamation and the anti-terrorism proclamation. For instance, the code as per article 59(3)
“when the police request, the court may give 14 days for each occasion”, but the code is silent as
to how many times this 14 days remand should be given. Most of the time, the courts give 14
days’ only upon demand by police without scrutinizing the status of investigation. This makes
the police not to use the time properly and it leads to requesting unreasonable time. Thus, the
interest to speedy trial of an arrested person taken in to account, the police should not abuse its
power by delaying investigation and the court while ordering additional time need to check the
report of the police to put pressure so as to finalize its investigation within the time.

Anti-terrorism and vagrancy control proclamation follow somehow different approach in which
both laws provides single remand and total remand. Vagrancy control proclamation in its Art
7(1) limits the duration of the investigation to 28 days. The other law providing a maximum
period of investigation is the anti-terrorism proclamation, which specifies a four month period in
its article 20(3) and single remand shall not exceed 28 days. Comparatively speaking, these two
laws have great contribution to solve the problem of delay in crime investigation because they
limits total period of crime investigation. Therefore, the police have no chance but to complete
its investigation within these prescribed times.

Question-5: Should there be a supervision mechanism on investigating police officers?

The researcher tries to disclose some of the causes that results delay of investigation of crime
during pre-trial stage. Among them lack of supervision of subordinate police officer by the
senior is the major one. To start with, investigation is not an easy task it needs the cooperation
among law enforcement organs. The researcher gets information from senior police officer that
there is a supervision mechanism but it is insufficient. The workload of police, the increment of
rate of commission of crime and the existence of few senior police officers are the reasons that
contribute to insufficient supervision during crime investigation. Moreover, It is doubtful
whether the criminal justice policy123, law or not, it provide some principles and guidelines to
ensure effective way of investigation in criminal justice. Under section 3.5 (a) states that to
enhance effective and productive crime investigation system, the investigating police officers
and public prosecutor shall work together and it shall be the responsibility of public prosecutor to
123
Ethiopia criminal justice policy(2003), supra note at 12, p, 1

35
lead and supervise the overall investigation. The respondents’ public prosecutor answered that
most of the time they are not work together and supervise investigating police officer but in
exceptional circumstance like in cases of grave crime they supervise the way of investigation
conducted by the police.

Question-6: Does the society (particularly defendant and witness) co-operate with police during
crime investigation?

Since, crime is an act which is considered to be against the societal norm. It is general fact that
society need live in peaceful way with others members of the community. To meet the need of
society, the government in general has the obligation to ensure peace and security in the society.
Police as law enforcement organ has duty to maintain peace and security in the society. In
general society also has moral and legal obligation to contribute towards the prevalence of peace.
With regard to reporting of crime, the 1961 criminal procedure code incorporated right and
imposes duty on some specified crimes. To start with, Article 11(1) of the code states that, “Any
person has the right to report any offence, whether or not he has witnessed the commission of the
offence, with a view to criminal proceedings being instituted”. Sub-article 2 of article 11 imposes
duty to report in the cases provided in Art 254, 335 and 443 of Ethiopian criminal code. The
report show that there is under reporting of crime and the information the researcher get from
different police officers in different police stations shows that few offence were reported by
member of the society. The respondents police officer also allege that there is fear among
member of a society in a cases where criminal appear to be rich and habitual offender.
Surprisingly, there exist a law that protects witness but, the problem is almost all of the police
officers are not familiar to it and it appears difficult to create awareness upon the larger public to
encourage the culture of reporting of crimes through the protection of witness scheme.
Therefore, the researcher observed that the culture of society with regard to reporting of crime is
still not satisfactory. This problem has a negative impact on pre-trial delay in crime investigation
in Bench Maji Zone Area and thus, it hinders enforcement of the arrested people’s right to a
speedy trial.

36
 3.4. Delay in Crime Investigation and Its Impact on the Enforcement of the Right to
Speedy Trial of an Accused (Arrested) Persons in Bench Maji Zone Area Police
Stations.

3.4.1. The general Impacts of delay in investigation of crimes.

It is an obvious fact that delays in crime investigation, forced the investigating police officers to
request the court to grant remand to finalize the investigation. As it is described earlier, remand
is a condition on which a person brought before the court is sent back to police custody for the
sake of further investigation upon the will of the court. By its nature, remand bars a person’s
right to speedy trial.

Moreover, once it is granted, remand has a potential effect of putting the arrested persons in
police custody for the time it is granted. When it is repeatedly, it creates the perception of
“justice delayed is justice denied” in the mind of accused. This erodes the confidence of the
general society to rely on the fundamental fairness of the criminal justice system. Remand also
has a great Impact on the right to bail because, since it can be validly granted for many times, the
person under custody, even though can request, his claim will not be appreciated so long as it is
permitted for refining the truth for the security of material evidence and witness i.e. to protect the
suspect from tempering evidence and intimidating witness.

3.4.2. The impact of pre-trial delay in investigation of crimes on the right to speedy
trial of an arrested (accused) persons
Once the suspect is under arrest, speedy completion of investigation has a vital interest of for
him and it’s not being subject to negotiation. As it discussed above, the researcher tries to
investigate reasons of pre-trial delay in crime investigation process in Bench Maji Zone area in
different police station. Then the researcher found a number of causes which hinder the speedy
completion of investigation. Some of the problems are related to inadequacy of legislation and
others are purely administrative. Let alone the reasons, the delay have an irresistible impact on
enforcement on the right to speedy trial of an arrested (accused) persons. Once investigation is
start two interest are at stake and speedy completion has the power satisfied two competing
interest. On the one hand, arrested persons have a vital interest to speedy trial, and on the other
hand, public in general has interest on speedy acquittal or conviction of the accused.

37
In fact, a person who is suspected does not mean that he/she has always for sure committed the
alleged offence. Delay in crime investigation is a bottleneck problem and it negatively affects
criminal investigation system as a whole and the right of arrested persons in particular. Delay
may sometimes make the investigating police officer to request remand. Remand has the effect
of blocking the opportunity of the accused to properly prepare his defenses for the crime he/she
is charged with. And, it forces the accused to undergo pre-trial punishment. Pre-trial detention is
last resort in criminal proceeding. However, this may defeat the objective and purpose of the
principle of no punishment without trial and conviction. The suspect may be socially
discriminated after release and even during detention will be susceptible to contamination with
disease like TB and HIV/AIDS. Moreover, the arrested suffers from exposure to criminals
particularly due to the fact he/she will physically and psychologically under stress.

The whole environment of police custody is not suitable for detainee’s person as such it may
disregard basic interest of the person under custody. The mistreatment and denial of access to
basic services are sometimes used to put pressure on detainees and on the other hand these
may prepare a fertile ground on the part of the police so as to easily extract information,
confessions or to compel them to testify against others and also as punishment for those
who refuse to cooperate during interrogation124. In the absence of proper resource and well
trained man power to use modern techniques of crime investigation, police may find coercive
confession as the easiest and even the only way of convicting suspects 125. Therefore, the delay
often create unfavorable environment for the arrested and they maybe compel to confess the
crime he/she is suspected with.

It also inevitably creates undesired results on the suspect’s family and his business. Family is a
fundamental unit of the society, the continuity and existence of the state is based on the existence
and continuity of the family. Majority of arrested were family leaders and they cover the costs of
children education and also maintenance of his/her family consumption. Delay in crime
investigation has created loss of job opportunity, and economic loss to family. In fact, the

124
Human Rights Watch Report (2013), They Want a Confession: Torture and Ill-Treatment in Ethiopia’s
Maekelawi Police Station, cited in Fisha Getachew, the respect for human rights in pre-trial criminal
investigation(the case of Oromia special zone surrounding finine) 2015 p,32

125
ibid

38
researcher have no accurate statical data with regard to this issue, but it is not too difficult to
guess the problems if the suspect is an employee, businessman, or financial source of his family.

39
 3.5. Conclusion and recommendations

3.5.1 Conclusion
The right to speedy trial is one fundamental human right of arrested person stipulated under the
Art 19(4) FDRE constitution. Investigation of crime is the main responsibility of the police. The
investigation is all about the gathering of evidence. Investigation is conducted through or by
arrest, search, seizure and interrogation. Law enforcement officials are provided under law
with the power to arrest and detain suspects in the course of investigating crime. The police
have a constitutional obligation to bring the arrested person before court within 48 hours. This is
an implication in which speedy trial begin.

However, findings of this study show that majority of respondents police officers in Bench Maji
Zone area police stations, are not exercising this power in a manner that respects rights of
suspects to speedy trial. Misunderstanding of the concept of Art 19(3) of FDRE Constitution and
recklessness of police officers are the major impediments to the proper implementation of this
articles and it results a negative impacts on the enforcement of the right to speedy trial of an
accused (arrested) persons. This unlawful act of the police directly violates the constitutional
right of arrested person to speedy trial. . The practice clearly shows us that a number of human
rights also violated by the police during investigation in different police stations because of the
police fail to bring the suspect before the court within prescribed time.

Even tough, there is remedy available in the court if the police fail to do so, the suspected
persons also don’t seek their rights before the court i.e. right to habeas corpus due to lack of
awareness and unnecessary fear. In addition, during the course of investigation, the police use
physical force, mental torture, undue influence etc... And, it forces the suspect to self-
incriminate.

This study also find-out the reasons (causes) of pre-trial delay in crime investigation in Bench
Maji Zone area police stations. In fact, there is delay, which takes investigation time the
minimum one month to three month and above. The 2008 annual police reports, which shows the
reasons for pre-trial delay in crime investigation. Some of them causes are: lack of proper
training, lack of supervision, corrupt investigator, incompetent investigator, and lack of legal
assistance to investigating officers, lack of separate investigation branch, lack of transport, poor

40
communication between prosecutors and investigators of cases and lack of forensic investigation
department. Reporting of crime by public is significant for prevention of crime. Speedy crime
investigations are depending on cooperation between the community and the police. Despite the
fact, the culture of society in reporting crime is still not progress. The respondent’s police
officers confirm that a fraction of crime is reported to the police and they agree that under-
reporting of crime create difficulty to perform their obligations. These causes have a negative
impact on speedy completion of investigation and it forced the investigating police officer to
seek the court remand for completion of investigation and it result the interest of suspect at stake.
Due to delay in crime investigation, the police may often seek remand the court and the court
most of the time grant remand without duly considering the police report. Therefore, pre-trial
delays in crime investigation have a negative impact on the enforcement the constitutional
guarantee of arrested person to speedy trial in that particular area.

Moreover, the study also shows the general impact of pre-trial delay in crime investigation on the
right of arrested (accused) persons, his family, business and criminal justice in general. Most of
arrested persons are suspected of petty offence and they are family leaders. In fact, a person who
is suspected does not always he commit the alleged offence. Delay always makes the
investigating police officer to request remand. Remand has the effect of blocking the opportunity
of the accused to well prepare his defense the crime complained against him. And to the worst,
the family and business of arrested persons also endanger. To sum up, it’s create justice delayed
is justice denied in the minds of accused in particular and society in general.

41
 3.5.2 Recommendations
The following recommendations are what the researcher believes if implemented will help
to solve the problems in pre-trial delay in crime investigation in Bench Maji Zone area police
stations in respecting and enforcing the right to a speedy trial of an arrested (accused) persons
mentioned in this paper.

 Creating liability of police officer who fails to do his obligation through civil, criminal
and administrative liability and properly implementing it.
 Ensuring that police officers possess the professional qualifications required for the
accomplishment of their functions, through educating about respecting of human rights
and giving legal and professional training (short and long term) to perform their tasks
with a view to implement and respecting rights of arrested persons to speedy trial
during investigation.
 Creating awareness among the public about human rights principles and encouraging
them to seek their rights whenever they think that they have been violated.
 Providing infrastructure (like road, transport) and establishing modern technology (like
forensic department) that assist the police during criminal investigation.
 Educating the public with regard to reporting the crime through media like FM radio.
 Creating strong supervision mechanism between investigating police officers and public
prosecutor.
 Measure should be taken also to reduce the number of pre-trial detainees by applying
alternative measure to detention (release on bond). Pre-trial detention must be last resort
in criminal proceedings. This may help to improve conditions in police custody by
reducing number of detainees in a cell.

42
 References

Books, journals and report

1. Albert C. Barnes causes of delay in criminal cases, journal of criminal law and
criminology Volume 7/Issue3 Article 3.
2. Alemayeh Sheferaw Tulu (2010): evaluating the application of human rights principles in
crime investigation in Ethiopia (a case study of the Addis Ababa city policy).
3. ARUSHA GOPAUL (2015): the impact and constitutionality of delayed trials on the
rights of a suspect or accused person during criminal proceeding.
4. Dr Shipra Gupta(1993); speedy trial and access to justice.
5. FISAHA GETACHEW (2015), the Respect for Human Rights in Pre-Trial Criminal
Investigation (The Case of Oromia Special Zone Surrounding Finfine).
6. Giragn Merga (2008), police investigation and release on bond under Ethiopian law:- the
law and the practice in the regional state of oromia.
7. JAGMOHAN SINGH (1997)” right to speedy justice for under trial prisoners.
8. Lokesha Bane, Encyclopedia of criminology, Anmol publication PVT.LTD.
9. Mengistu Worku Mengeha (2008/9), delay of justice in Ethiopia and the genocide trial of
Derge officials.
10. Rakeb Messele (2002), enforcement of human rights in Ethiopia.
11. S.N. Sharma inordinate delay versus speedy trial; An Indian experience. The BANARAS
LAW JOURNAL-VOL31.
12. Simeneh Kiros. (2001), the law of criminal procedure commentaries and exercise
Ethiopia: unpublished.
13. Tim Newburn, Tom Williamson and Alan Wright (2007), Handbook of Criminal
Investigation: Willan Publishing, New York.
14. The 2008 Bench Maji Zone police annual report(unpublished)
15. V N Rajan and M Z Khan, delay in the disposal of criminal cases in the sessions and
lower courts.
16. Wondessen Demissie (2012), Ethiopian Criminal Procedure.

43
 International and regional human right instruments

1. International Covenant on Civil and Political Rights (ICCPR), adopted by United Nations
General Assembly, on16 December 1966, entered into force 23 March 1976
2. Universal Declaration of Human Rights (UDHR), adopted and proclaimed by
United Nations General Assembly Resolution 217 A (III) of 10 December 1948
3. Vienna Declaration and Programme of Action, adopted by the world conference on
Human Rights in Vienna on 25 June 1993
4. United Nation Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules),
adopted by General Assembly resolution 45/110 of 14 December 1990
5. African Charter of Human and People’s Rights (also known as the Banjul Charter)
adopted June 27, 1981

National laws

1. 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 Negarit Gazetta,
Proclamation No. 414/2004.
3. Criminal Procedure Code of Ethiopia, Negarit Gazetta, Proclamation No. 185/1961.
4. Federal Democratic Republic of Ethiopia, anti-terrorism, Proclamation, 2009, proc. No.
652, Negarit Gazetta, Year 15, No.57.
5. Federal democratic republic of Ethiopia criminal justice policy, issued by minister of
justice, 2003.
6. Federal Democratic Republic of Ethiopia, vagrancy control, Proclamation, 2009, proc.
No. 384, Negarit Gazetta, Year 10, No.19.

Internet sources

1. Abiyou Girma (2013), The police and Human rights in Ethiopia. Available at
www.abyssinialaw.com.
2. Kelali Kiros (2011), The Bail Justice in Ethiopia: Challenges of Its
Administration, A Thesis Submitted to the School of Law of Addis Ababa
University. Available at www.Chilot.me.
3. www.allresearchjournal.com/archives/2015/vol/1/issue7/part k/1-6-44.pdf
4. www.nolo.com/legal-encyclopedia/the-right-speedy-trial.html(accessed on 23 November
2016)
5. The constitution of the United States, 1971.amendement VI available at:
http://www.law.cornell.edu/constitution/sixth_amendment.

ANNEXURE

44
 INTERVIEW QUESTION

Background Information of polices.

1. Are you a criminal investigator?

2. If yes, for how long have you been a criminal investigator?

3. Did you undertake the basic training of crime investigation?

4. How long was this basic training?

5. Have you had training in how human rights relates to crime investigation?

6. What are the objectives of criminal investigation?

7. How crime investigation is initiated or started?

8. Is there a delay in investigation of crime? If yes, what are reasons?

9. Do you bring the suspect before the court within 48 hours?

10. Do you use force during investigation?

11. Do you properly use additional 14 days?

12. Is there a supervision mechanism between investigating police officer? If no, reasons?

13. Does the society report the crime?

Background information of suspects

1. Why were you arrested? When were you arrested?

2. When were you arrested? How long were you kept in the police station?

3. Were you brought before court and within how many hours after being Arrested?

4. Do you claim your right against police before the court?

5. Did the court permit remand for investigators?

45
 6. How did police conduct the seizure, search, arrest and interrogation?

7. Did investigators force you to confess to the crime you were suspected of?

Background information of prosecutors

1. For how long have you been working as a prosecutor?

2. Did you undergo training to be a prosecutor? Where and for how long did this training
take place?

3. Do you work closely with the police?

46