THE ROLE OF POLICE IN REALIZING THE RIGHTS

OF SUSPECTED PERSONS IN ETHIOPIA: A CASE

STUDY OF THE KOLFE KERANYO POLICE STATION

A THESIS SUBMITTED TO ETHIOPIAN CIVIL SERVICE

UNIVERSITY, DEPARTEMENT OF LAW AND FEDERALISM, IN
PARTIAL FULFILLMENT OF REQUIREMENT OF DEGREE OF
MASTERS (LLM) IN INTERNATIONAL LAW

By: - ENDAWOKE FISSEHA ZERFU

E- mail: - [email protected]

Advisor: - ZERIHUN YIMER (PhD)

MAY 23, 2022
Adiss Ababa
 Declaration
I, Endawoke Fisseha Zerfu, here by declare that this thesis is original and has never been
presented in any other academic institution. Where other peoples’ works have been used or cited;
acknowledgments have been duly made for its recognition.

Student Name – Endawoke Fisseha Zerfu

Signature --------------------------

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 Advisor’s Approval Sheet

This is to certify that the thesis entitled

______________________________________________________________________________
______________________________________________________________________________

Has been carried out by the understated student:

Name: ___________________________________

ID No: ______________________

Department/program_______________________________________ under my supervision.

Therefore, I confirm that the student has fulfilled the scientific requirements of thesis
undertaking and hence, I hereby approve that he/she can submit the thesis to the School of Law
and Federalism for presentation and defense.

Name of Advisor: Signature: Date:

______________________ __________________ ________________

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 Board of Examiners’Approval sheet
We, the undersigned board of examiners, certify that we have examined this thesis titled “The
Role of Police in Realizing the Rights of Suspected Persons in Ethiopia: A Case Study of the
Kolfe Keranyo Police Station”and hereby recommends the School of Law and Federalism to
accept it as a requirement for the award of Masters of Laws: LL.M Degree in International Law.

Approved by:

__________________________ ___________________ _____________________

Chairperson’s name Signature Date

__________________________ ___________________ _____________________

Internal Examiner’s name Signature Date

__________________________ ___________________ _____________________

External Examiner’s name Signature Date

__________________________ ___________________ _____________________

School Head’s name Signature Date

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 ACKNOWLEDGMENT

Thanks to the Almighty God. Also, this thesis would not have been possible without the support
of many people. Many thanks to my adviser Zerihun Yimer (PhD), who read my research
proposal and the main thesis from the beginning and offering advice, encouragement, direction,
correction, instruction with a perfect blend of cooperation. I’m proud of and grateful for my time
working with you. I’m also thankful to my family, especially my wife Selamawit Abate and my
son Tibeb Endawoke, for all the support you have shown me through this research, the
culmination of three years of learning. I’m also thankful to those kind individuals and friends
from all institutions that provided me with the necessary data I used in this thesis.

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 LIST OF ACRONYMS
FDRE Federal Democratic Republic of Ethiopia

CPCE Criminal Procedure Code of Ethiopia

UN United Nations

UNGA United Nations General Assemble

UNHRC United Nation Human Right Commission

UDHR Universal Declaration of Human Rights

ICCPR International Covenant on Civil and Political Rights

ACHPR African Charter on Human and Peoples Right

PGRFTLA Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in
Africa

ECHRFF European Convention on Human Rights and Fundamental Freedoms

CCLEO Code of Conduct for Law Enforcement Officials

BPUFF Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

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 ABSTRACT
Human rights are that belong to all human beings regardless of any other status. And the
realization of it depends on many factors. In this regard, the role of justice administration
officials, including the police plays a vital role. Also, individuals who are suspected of a crime
are recognized and protected by a variety of domestic and international human rights
instruments. Despite the recognition given to the rights, there are so many instances in which the
rights are violated. In this respect, this study examines national and international legal regimes
for the protection of the rights of a suspected person. Also, the study assesses and evaluates the
practical implementation of the rights of the suspected persons at a pre-trial stage. The objective
of the study is to assess the role of police officers in Addis Ababa, Kolfe Keranyo police station,
in the realization of the rights of suspected persons and examines the extent to which the police
in the course of discharging their duties respect the rights of the suspected person. To realize
this intended objective the study employed a qualitative research approach. Important data for
the study were collected both from primary and secondary sources. Primary data was obtained
through interviews, Focus group discussions, and participant observation whereas secondary
data from different kinds of literature, government files, and legal documents are reviewed.
Interviews and focus group discussions were made with key informants from criminal suspects,
investigating police, prosecutors, and head of police stations. In the interview and focus group
discussion, a total of 73 respondents participated. The findings of the study revealed that the
rights of suspected persons have been violated in a police detention center in the study area. The
factors for the violation of the rights are related to individual, institutional, and to some extent
related with the law itself. The study has identified that sometimes police are arresting
individuals without a warrant and evidence, absence of notification of rights, long pre-trial
detentions, condition of detention in police custody are below the minimum standard, and
absence of an external monitoring system are major problems. Finally, the study provides
recommendations that could address the existing problem.

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 TABLE OF CONTENTS

Table of Contents
Declaration........................................................................................................................................i
Advisor’s Approval Sheet............................................................................................................... ii
Board of Examiners’Approval sheet.............................................................................................. iii
ACKNOWLEDGMENT................................................................................................................ iv
LIST OF ACRONYMS................................................................................................................... v
ABSTRACT................................................................................................................................... vi
TABLE OF CONTENTS.............................................................................................................. vii
CHAPTER ONE..............................................................................................................................1
INTRODUCTION........................................................................................................................... 1
1.1 Background of the Study........................................................................................................... 1
1.2 Statement of the Problem...........................................................................................................3
1.3 Research Questions....................................................................................................................4
1.4 Objectives of the Study..............................................................................................................4
1.4.1 General Objective................................................................................................................... 4
1.4.2 Specific Objectives................................................................................................................. 5
1.5 Research Methodology.............................................................................................................. 5
1.6 Justification of the Study........................................................................................................... 6
1.7 Scope of the Study..................................................................................................................... 6
1.8 Limitation of the Study..............................................................................................................6
1.9 Literature Review...................................................................................................................... 7
1.10 Organization of the Study........................................................................................................7
1.11 Citation Rule............................................................................................................................7
CHAPTER TWO............................................................................................................................. 8
CONCEPTUAL FRAMEWORK ON RIGHTS OF SUSPECTED PERSONS AND
HISTORICAL DEVELOPMENT, FUNCTIONS, DUTIES AND ETHICS OF POLICE IN
RELATION TO SUSPECTED PERSON....................................................................................... 8
2.1 Human Rights and the Rights of suspected persons’ in general................................................8
2.1.1 Human Rights......................................................................................................................... 8
2.1.2 Rights of suspected person..................................................................................................... 9

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2.1.2.1 Presumption of Innocence................................................................................................. 10
2.1.2.2 The right to liberty and security.........................................................................................12
2.1.2.3 The right to be free from torture, cruel and degrading treatment...................................... 13
2.1.2.4 The right to equality...........................................................................................................14
2.1.2.5 The right to privacy........................................................................................................... 14
2.2 Historical development, Functions, Duties and Ethics of police in relation to suspected
person.............................................................................................................................................15
2.2.1 Historical development of policing in Ethiopia....................................................................15
2.2.2 Functions, Duties and Ethics of Police in relation to suspected person............................... 15
2.2.2.1 Function and duties of a police in general......................................................................... 15
2.2.2.2 The code of police ethics in relation to suspected person................................................. 17
A. International standards.............................................................................................................. 19
1. Code of Conduct for Law Enforcement Officials (CCLEO).....................................................19
2. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF). 21
B. Regional Standards................................................................................................................... 25
1. Africa........................................................................................................................................ 25
2. The European Code of Police Ethics........................................................................................ 26
3. National standards..................................................................................................................... 27
CHAPTER THREE....................................................................................................................31
THE NORMATIVE FRAMEWORK OF THE RIGHTS OF SUSPECTED PERSON............31
3.1 International laws.....................................................................................................................31
A. Universal Declaration of Human Rights (UDHR)....................................................................32
B. The International Covenant on Civil and Political Rights (ICCPR)......................................... 34
3.2 The rights of suspected person under regional human right instruments................................ 37
A. European Convention on Human Rights and Fundamental Freedoms (ECHRFF).................. 37
B. The African Charter on Human and Peoples’ Rights (ACHPR).............................................. 38
3.3 The rights of suspected person under Ethiopian laws............................................................. 40
CHAPTER FOUR......................................................................................................................44
DATA ANALYSIS AND FINDINGS OF THE STUDY......................................................... 44
4.1 Introduction..............................................................................................................................44
4.2 General description of the respondents....................................................................................44

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4.3 General institutional structure of Kolfe Keranyo police station.............................................. 44
4.4 The role of police and its duties within the society................................................................. 45
4.5 The role of police in the realization of the rights of criminally suspected persons’................46
CHAPTER FIVE........................................................................................................................51
CONCLUSION AND RECOMMENDATIONS.......................................................................51
5.1 Conclusion............................................................................................................................... 51
5.2 Recommendations....................................................................................................................52
Bibliography.................................................................................................................................. 54
I.Books...........................................................................................................................................54
II.Journal and Articles................................................................................................................... 55
III.Thesis........................................................................................................................................55
IV. National Laws..........................................................................................................................56
V. International Laws.................................................................................................................... 56
VI. Internet Sources....................................................................................................................... 56
Appendix 1: Interview Guidelines.................................................................................................58
1.1. English Version of the Questions and Interview.................................................................... 58
Interview Guidelines for Key Informant/in depth interview/፡-......................................................58
I. Questions related with Criminal Suspects..................................................................................58
II. Questions Related with police officers/Investigators................................................................59
III. Questions related with Public Prosecutors and Judges............................................................59
1.2. Amharic version of the Interview Questions.......................................................................... 59
I. Questions related with criminal suspects................................................................................... 59
II. Questions related with Prosecutors and Judges........................................................................ 61
III. Questions related with Police Officers/Investigators.............................................................. 61

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 CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Human rights are those rights that belong to every individual, man or woman, girl or boy, infant
or elder, simply because she or he is a human being.1 Human rights are rights that belong to all
human beings regardless of sex, color, religious background, language, political outlook and any
other status.2 Thus, every individual in society has the inherent right to be treated with dignity in
all situations including arrested and keeping in custody by the police. The protection of human
rights should practically be realized when all government agencies function in line with the
universal principles of human rights.3 The realization of human rights depends on many factors.4
Among the various things, the role of justice administration officials of the state (especially
police) plays a vital role.5

The police agency is the most important government agency to which the protection of human
rights is entrusted because of the nature of its powers and functions.6 In any society the police are
organized with the responsibility of keeping peace and order, ensure the rule of law, justice, and
prevention of crime as well as protection of human rights.7 As per article 6 of proclamation
no.720/2011, among other things, the Federal police commission shall have the powers and
duties to prevent and investigate any threat and acts of crime against the constitution and the
constitutional order, security of the government and the state and human rights. Likewise, the
Addis Ababa City Police Commission exercises the power to prevent and investigate crimes.8 In
doing so, it is the responsibility of the police to conduct the process of arrest, search and seizure
according to the law with no neglect of duties.9 However, there are frequent instances where the

1 . Nancy Flowers et al, The Human Rights Education Handbook; Effective Practice for Learning, Action and
Change 3(2000).
2. Universal Declaration of Human Rights (Dec 1948).
3. De Rover, To Serve and To Protect; Human Rights and Humanitarian Law for Police and Security Forces 68-69

(1998).
4. Tsn Sastry& Dilip K.Bhujbal, Human Rights and Police, Researchgate (Jan 2012),
https://www.researchgate.net/publication/291986212
5. ibid
6. De Rover, supra note 3.
7. Teferi Argaw Wodaj, The Implementation of the Suspects’ Rights Protection in Gullele Sub City Police
Investigation Departement; Particular Emphasis on the Rights to ‘Presumption of Innocence’ 1 (2018).
8 . Addis Ababa City Police Commission Establisment Council of Ministers Regulation No.96/2003.

1
police, who are entrusted with the duty to enforce law and order, are violating human rights. As
such, the function of the police officer is carried out in a context of intrinsic tension between, on
the one hand, the need to maintain public order, which is necessary for the protection of human
rights, and, on the other hand, the obligation of absolute respect for the person.

Rights of an individual who are suspected of a crime and remain in police custody are protected
basically by article 19, 20 and 21 of the FDRE Constitution and by various other laws like Code
of Criminal Procedure. These rights are also recognized by various international documents like
The Universal Declaration of Human Rights, the Covenant on Economics, Social and Cultural
rights, the Covenant on Civil and Political Rights, and other international documents like,
Declaration on the Protection of All Persons from being Subjected to Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment ( 1975), UN Code of Conduct for Law
Enforcement Officials (1979), UN Principles on the Effective Prevention and Investigation of
Extra-Legal, Arbitrary and Summary Executions (1989), UN Declaration on the Protection of All
Persons from Enforced Disappearances (1992), UN Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (1984), UN Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials (1990), UN Standard Minimum Rules for
the Treatment of Prisoners (1977), UN Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment (hereafter referred to as Body of Principles) (1988), UN
Convention on the Rights of the Child (1989), UN Rules for the Protection of Juveniles Deprived
of their Liberty (1990), UN Declaration on the Elimination of all forms of discrimination against
Women (1967), UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Powers (1990). Despite the presence of domestic and international human right instruments
which deals with the rights of suspected persons, the process of upholding and respecting human
rights by the police in the performance of their duties has proved to be a very challenging task
for almost every country or state. Though the police are mostly expected to take the leading role
in this process, the task as challenging as it is, requires the efforts of all stakeholders and
institutions within the state. Hence police are a vital agency between the state and public this
study is a modest attempt to highlight the role of police in realizing the rights of suspected
persons in Ethiopia with a particular emphasis on Kolfe Keranyo police station.

9. FDRE Criminal Code, Article. 422

2
1.2 Statement of the Problem
Major international, regional and national human right instruments such as the Universal
Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights
(ICCPR), the Convention against Torture, the African Charter on Human and Peoples Rights
(ACHPR), the Criminal Procedure Code of Ethiopia and FDRE Constitution have also
recognized those rights of suspected persons.
There are many kinds of researches in one or other ways related to the rights of suspected
persons. For instance, Addisu Gulilat, under his article entitled, “The human rights of detained
persons in Ethiopia: Case study in Addis Ababa” show that treatment of detained persons
expectations as it found challenges such as treatment based on sex, age, illness and nature of
criminal; lack of organized and continuing education and training and absence of viable
compliant hearing mechanism. The theme of this thesis is on violations of different rights of
detainees. On the other hand, the article doesn’t exhaustively deal with the role of the police in
the realization of the rights of suspected persons. Gebrehiwot Hadush, under his article entitled,
“The legal limits to the police custodial interrogation methods: a comparative look at the British
and Ethiopian interrogation laws”. In his thesis, the author investigated that the legal safeguards
and institutional mechanisms, that shape and govern the interrogation process in Ethiopia are too
general and lack clarity to protect detainees against systematic abuses during interrogation. Also,
rather than indicating the role of the police in the protection of the rights of suspected persons,
the focus of this thesis is to give emphasis on showing the gaps within legal norms and
institutions entitled to make interrogations. Similarly, a study by Wario Elemo on the other hand
under the title “Police Reform and Human Rights Protection in Ethiopia; The Case of Federal
Police Crime Investigation Bureau”, assess human rights protection in the police organization in
Ethiopia after 2018 reform takes place in the case of federal crime investigation bureau. In doing
so, the author will undertake a comparative study of pre and post reform scenarios in human
rights protection and argues that, there are improvement in the case of decrease in physical
torture; allowing community and other stakeholders to visit police organizations; releasing
political and media prisoners; allowing exiled political opposition parties to return home and
registering them as legal opposition parties, there are human rights violations in police
organizations even after reform in relation to Federal Crime Investigation Bureau such as putting

3
suspects at dark places to illegally get confessions, delaying the right to speedy trial, disrespect
for rule of law and equality before the law or discrimination based on different status.

Thus, in general, the practical role of police in realizing the rights of suspected persons has never
been separately and properly addressed by these researches and other. So the main aim of this
thesis is to fill this gap and investigate extent to which the police respect the rights and freedoms
of offenders of the law. Assessing the extent to which the police in Ethiopia, particularly by
taking Kolfe Keranyo police station as a study area, respects the rights and freedoms of the
people in the performance of their duties is necessary. To have a fair assessment of the subject,
emphasis will be placed on how arrests are carried out, interrogation of suspects and the general
treatment method to suspects in detention. Furthermore, efforts will be made to ascertain if the
police know the basic human rights and freedoms of the citizenry.

1.3 Research Questions

 What are the police institution and its role in society?

 What role has the police played to promote or otherwise human rights?
 Under what (if any) condition will the police abuse human rights?
 Can the police discharge their duties without abusing human rights?
 How does the role of the police relate to the protection of the rights of the people?

1.4 Objectives of the Study

1.4.1 General Objective

The general objective of this study is to assesses and evaluate the role of police officers in Addis
Ababa, Kolfe Keranyo Police Station, in the realization of the rights of suspected persons and
examines the extent to which the police in the course of discharging their duties respect the
human rights and freedoms during a pre trial stage.

1.4.2 Specific Objectives

 Generally discuss the role of police institution and its role in the society.

4
  Examining the role of the police in promoting human rights.
 Examining instances that may lead police officers to abuse human rights.
 Examine the challenges facing the police institution with respect to the realization of the
rights of suspected persons, in the discharge of its duties.
 Examine the role of the police in the protection of human rights.

1.5 Research Methodology

This research is followed a qualitative research approach. Qualitative researches are designed to
provide the researcher a means of understanding a phenomenon by observing or interacting with
the participants of the study.10 Unlike quantitative research, qualitative research relies on reason
behind various aspects of behavior. When a researcher is interested in investigating the reasons
for, or motives behind, certain human behavior, say why people think or do certain things, or in
investing their attitudes towards, or opinions about, a particular subject or institution, say
adultery or judiciary, it seems that the researcher is better to utilize a qualitative approach.
Qualitative research is important to select because of its very helpful contribution to gather first
hand information and involves collecting a variety of empirical materials, case study, personal
experience, interviews, observational, historical, interactional and visual texts that describe
routine and problematic meaning in individuals’ lives.11 It is mainly used to measure to what
extent human rights are respected by the police officers in the discharge of their duties and to
know the experience and feelings of individuals suspected of crime. However, based on the
research questions to be addressed the approach of both qualitative and quantitative research
methods are employed. Data will be collected both from primary and secondary sources.
Accordingly focus group discussions and interview were held with some police officers, public
prosecutors, judges and suspected persons’ under detention. In addition to this, the researcher
tries to use non- probability sampling techniques in general and purposive sampling technique in
particular because the needed information for the study was obtained by purposely interviewing
the relevant stakeholders from the law enforcement organization and suspects.

10. Tesfaye Boru, Chapter Five Research Design and Methodology, 5.1. Introduction Citation: Lelissa TB (2018); Research
Methodology; University of South Africa, PHD Thesis, Researchgate(2018),
https://www.researchgate.net/publication/ 329715052
11. Creswell, J.W, Qualitative Inquiry and Reseaech Design: Choosing Among the Traditions, 15 (1998).

5
1.6 Justification of the Study
It is an irony that persons that have been entrusted with responsibility for promoting and
protecting fundamental human rights are the major violators. The violation of the right not to be
subjected to torture continues to be infringed on a daily basis despite various human rights
instruments prohibiting it.
The research will bring to light, how the rights of suspected persons are protected. The study is
necessary for us to better appreciate the role of the police contribute in Ethiopia’s human right
system. The research will contribute to the government and society in general and the police
officers in particular to identify problems related to the promotion of the rights of suspected
persons during the pre- trial stage. The research will bring to the fore where the police fall short
in promoting the rights of suspected persons. And the research may use as a point of reference
for students and organizations who undertake similar study. It will also contribute to the existing
knowledge and used as reference for further studies of the related topics.

1.7 Scope of the Study

In order to make the work manageable within the limited time and resources, I have limited the
scope of the work to Kolfe Keranyo Police Station. The study is also limited to assessing
international and regional human rights instruments, pieces of literature and national laws to find
the current status of the rights of suspected persons, at international and national levels. It
particularly has assessed the FDRE constitution, the revised criminal code of Ethiopia, criminal
procedure code of Ethiopia and other relevant domestic legislations. In addition to this, including
the UDHR, ICCPR and other international human rights instruments which are related with the
subject matter at hand will be assessed. The thesis has also examined the implementation of the
rights of suspected persons which are stipulated under the above mentioned legal instruments, in
Kolfe Keranyo Police Station and the role of the police in the implementation of these rights.

1.8 Limitation of the Study

As far as this study is concerned, among other things, the researcher may encounter the
following constraints; time, because of the nature of the job in which the researcher is currently
working, the absence of adequate literature on the topic, particularly the lack of a satisfactory
number of domestic literature on the study area makes the researcher more dependent on foreign
literatures. Also, some concerned individuals may not be willing to cooperate for interviews,

6
questionnaire and providing documents requested. Despite these, the unfamiliarity of the
researcher in undertaking research previously also affect to some extent the quality of this study.

1.9 Literature Review

Literature specifically dealing with the legal and practical aspects of the role of police in
ensuring the protection of rights of criminal suspects during the pretrial stage of criminal
proceeding in Ethiopia is not available to the writer’s endeavor. This paper, therefore, is intended
to fill the gap existing in this regard.

1.10 Organization of the Study

The first chapter of the study was an introduction. Its content address issues relating to
introductory remarks on rights of suspected persons, research problem, questions, objectives,
methodologies employed to undertake the study, significance, scope and limitation of the study.
The second chapter of the study deals with conceptual frameworks of the rights of suspected
persons and the professional codes of ethics of the police in dealing with suspected persons. .
The third chapter addresses the normative framework of the rights of suspected persons and the
duty of police. The fourth chapter will present data analysis and finding. And the last chapter
provides conclusion and recommendations.

1.11 Citation Rule

Throughout this thesis, the author of this study will use Bluebook Citation Rules.

7
 CHAPTER TWO
CONCEPTUAL FRAMEWORK ON RIGHTS OF
SUSPECTED PERSONS AND HISTORICAL
DEVELOPMENT, FUNCTIONS, DUTIES AND ETHICS
OF POLICE IN RELATION TO SUSPECTED PERSON
2.1 Human Rights and the Rights of suspected persons’ in general

2.1.1 Human Rights

For the past long years the concept of human rights has been the subject of philosophical,
political and legal debate. Different people currently see human rights in different ways.12 For
some, invoking human rights is a heartfelt, morally justified demand to rectify all sorts of
injustice; for others, it is no more than a slogan to be treated with suspicion, or even hostility.13
Lawyers sometimes consider that human rights represent almost a term of art, referring to the
details of accepted national and international human rights law.14 When the universal declaration
of human rights was proclaimed in 1948, it articulated the notion that human rights were to
accrue to every individual human being in a bid to protect their inherent dignity.15 In this context
one may understand that, human rights are indivisible, consisting of civil, political, economic,
social and cultural rights, all of which would need due attention if the goal of creating an
effective human rights regime was tobe achieved. According to blacks law dictionary, human
rights refers to the freedoms, immunities, and benefits that, according to modern values (
especially at an international level), all human beings should be able to claim as a matter of
rights in the society in which they live.16 According to De Rover 1998, the term “Human Rights”
can be explained as “the legal entitlements which every person as a human being possesses” that
are universal and belong to everyone, rich or poor, male or female, criminal or suspect. For the
purpose of this study, human rights are characterized by being inherent in all human beings by
virtue of their humanity alone, Inalienable and Equally applicable to all. Despite these, the main

12 . Andrew Clapham, Human Rights; A very Short Introduction 1(2007)

13. Ibid
14 . Ibid
15 . Azizur Rahman Chowdhury, An Introduction to International Human Rights Law 31 (2010).
16 . Bryan A.Garner, Blacks Law Dictionary 8th Edition (2004).

8
duties deriving from human rights fall on states and their authorities or agents, not on
individuals.

2.1.2 Rights of suspected person

Suspect refers to a person believed to have committed a crime and who is, therefore, being
investigated by the police.17 According to blacks law dictionary the term Suspect refers to a
person believed to have committed a crime or offence.18 Article 25 of the criminal procedure
code of Ethiopia stated that, “Where the investigating police officer has reason to believe that a
person has committed an offence, be may by written-summons require such person to appear
before him.”19 From the legal provision mentioned above, one may understand that under
Ethiopian law, a suspect refers to someone who is under suspicion, often formally announced as
being under investigation by a police officer.

Regarding the definition of a police, literally it may define as, a governmental department
charged with the preservation of public order, the promotion of public safety, and the prevention
and detection of crime.20 On the other hand, a police officer refers to a person who is responsible
for preserving or promoting public safety and preventing and detecting crime.21 Despite the
definitions given above one should have to take in consideration that, different countries possess
different structural policies that define the duties and powers of the police force and regulate
their functions. In this regard when we see the Ethiopian laws, according to Ethiopian federal
police commission establishment proclamation, a police officer refers to a member of the
commission who has received basic training in the police profession and is employed by the
commission.22 As per regulation number 96/2003 art 2/1/, a police officer refers to a member of
Addis Ababa City Administration Police Commission who has received police training in the
police profession and is employed by the commission.
A criminal proceeding are begun to operate upon the reception of information about the
commission of a crime. The recipient of information may undertake through different ways.
These are complaint, accusation and the occurrence of flagrant offences.23 Receiving information

17. Susan Elliis, Webster’s New World Law Dictionary (2006).

18 . supra note 16
19 . Criminal Procedure Code of Ethiopia.
20 . supra note 18.
21 . Ibid.
22. Proclamation No.720/2011, article 2/1/.

9
would be followed by undertaking of investigation in to the alleged crime to find out the truth.
During the time of undertaking the investigation process, a police officer may take certain
actions, like arresting, detaining and interrogating the criminal suspects and certain measures
having the effects of restricting his/her privacy which enables the investigator to find the truth.
On the other hand, finding out the truth, is however, not the purpose allowed to be attained at any
cost.24 There are minimum standards set by human rights laws and other pertinent legislations
that should be obeyed by the criminal justice machineries.25 In the context of Ethiopia laws like
the Criminal Procedure Code (CPCE), the FDRE Criminal Code, and the FDRE Constitution
contain numerous rights and principles meant to protect criminal suspects from the illegitimate
intrusion in to their rights.26 50Human rights instruments adopted by Ethiopia like the
International Covenant on Civil and Political Rights (ICCPR), Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and the African Charter on
Human and Peoples Rights (ACHPR) sets minimum standards need to be respected and
protected by authorities in the course of criminal investigation.27

Some of the rights of suspected person include the following;

2.1.2.1 Presumption of Innocence

Many international and domestic instruments proclaim that those who face criminal prosecution
ought to be afforded a ‘presumption of innocence’, and the importance and central role of this
presumption is recognized by legal systems throughout the world. There is, however, little
agreement about its meaning and extent of application.28 In recent times, much emphasis in
criminal cases has been put on the presumption of innocence. Always and every where great
emphasis was placed on the rule that in criminal cases there can be no conviction unless guilt is
established with very great clearness- as we say nowadays, beyond reasonable doubt remaining,
the accused is entitled to the benefit of it by an acquittal.29 Today’s main international human
rights documents recognize the presumption of innocence as a right of a defendant in criminal

23 . CPCE, articles 11, 13, 19.

24 . Roba Tsegaye, The Role of Federal Attorney General in Ensuring the Protection of Pretrial Rights of Criminal
Suspects in Ethiopia; The Law and Practice in Addis Ababa 12 (2020).
25. Ibid
26. Ibid
27 .Ibid
28. Pamela R. Ferguson, The Presumption of Innocence and Its Role in the Criminal Process 1(2016).
29. James Bradely Thayer, The Presumption of Innocence in Criminal Cases 189(1897)
https://www.jstor.org/stable/780722/.

10
proceedings.30 The presumption of innocence is not as conditional on the existence of a criminal
charge. It also applies even before the competent authorities make that person aware, by official
notification or otherwise that they are a suspect or an accused person.31 The presumption of
innocence has two aspects: internal and external.32 The internal aspect relates to how the actors
directly engaged in the criminal proceedings, such as judges, prosecutors, police officers and
lawyers’, perceive the defendant and how this affects their daily work.33 The external aspect
deals with the public image of the defendant which, to a large extent, the media shape, including
social media.34 The principle gives every person the right to be presumed innocent until proven
guilty; in doing so, protecting innocent defendants is its main aim.35 Accordingly, the principle
requires judges and all other public officials to refrain from prejudging any case.36

Presumption of innocence may protected in a number of ways, among others, public officials
including judges, prosecutors, police and the government officials must avoid making public
statements of the guilt of the suspect prior to a conviction or after an acquittal.37 The second way
is that, the burden of proof should be on the prosecutor to prove the guilt of the accused to prove
his or her innocence.38 A third way in which the presumption of innocence can be maintained
relates to how the suspect or accused person is presented. Except in order to prevent his or her
escape or to maintain general security of the courtroom, a suspect person should not be made to
look like a guilty person by being caged or shackled in the courtroom. In addition to these
guarantees, it is important that prior convictions of the accused or suspect not be disclosed to the
court in the course of the trial, a disclosure that might unduly influence the decision of the judge
and consequently violate the presumption of innocence. Despite these the presumption of

30 . United Nations (UN), General Assembly, Universal Declaration of Human Rights (UDHR), Resolution 217a,
Paris, 10 december 1948, Art. 11; Council of Europe, European Convention on Human Rights (ECHR), Rome, 4
November 1950, Art. 6 (2); UN, International Covenant on Civil and Political Rights (ICCPR), 16 December 1966,
Art. 14 (2); Inter-American Commission on Human Rights (IACHR), American Convention on Human Rights
(ACHR), San Jose, Costa Rica, 22 November 1969, Art. 8 (2); African Union (AU), African Charter of Human and
Peoples’ Rights (ACHPR), Nairobi, Kenya, 1 June 1981, Art. 7 (1) (b.); EU, Charter of Fundamental Rights of the
European Union, Art. 48.
31. Presumption of Innocence and Related Rights; Professional Perspectives Report 25(2021).
32. Supra note 24.
33 .Ibid
34 .Ibid
35. Ashworth. A, Four Threats to the Presumption of Innocence, The International Journal of Evidence and Proof

253(2006).
36. S. Baradaran, Restoring the Presumption of Innocence, Ohio State Law Journal, Vol. 72(2011), 724(2011).
37. See UNHRT Committee General Comment no 13 para7.
38. Ibid.

11
innocence is linked to many other fair trial rights; for example, the presumption of liberty stems
from the presumption of innocence, as does the right to trial without undue delay and the right of
a detained person to trial within a reasonable time and freedom from self incrimination laid out
in different domestic and international laws overlaps with the presumption of innocence.

2.1.2.2 The right to liberty and security

Liberty and security of person is a necessary condition for people to be able to function as
autonomous human beings, to secure their basic human needs, and to develop and lead fulfilling
lives personally and within their communities.39The right to life, liberty and security of person is
cornerstone of human rights law in all the countries ruled by rule of law.40 According to UNHR
committee stipulation under its general comment no 35 paragraph 3, Liberty of person concerns
freedom from confinement of the body, not a general freedom of action. Security of person
concerns freedom from injury to the body and the mind, or bodily and mental integrity.41 The
right to liberty means in other word that persons must not be subject to arrest and detention,
except as provided for by law.42 Their arrest and the detention must also not be arbitrary. This
right applies to all forms of detention where people are deprived of their liberty, not just criminal
justice processes. The statement ‘on the ground of the law and in accordance with the procedure
provided by law’ refers to the need for fulfillment of the principle of legality.43 The powers to
arrest and detain are essential to effective policing. Most jurisdictions allow police to deprive a
person of his or her liberty, when a person is found committing an offence, or when there is
reasonable suspicion that the person has committed an offence, or when it is reasonably
considered necessary to prevent the person from committing an offence, or when it is necessary
to maintain or restore public order.44 The right to security requires the Territory to provide
reasonable measures to protect a person’s physical security. The Government does this, for
example, through the work of the police and emergency services.45

39. Ralph Crawshaw, Police and Human Rights; A Manual for Teachers, Resource Persons and Participants in
Human Rights Programmes 94(2009).
40. M. Cherif Bassioumi, Human Rights in the Context of Criminal Justice: Identifying International Procedural

Protection and Equivalent Protections in National Constitutions 255(1993).

41. UNHRC General Comment 35, Paragraph 4.
42. Alice Edwards, The Right to Liberty and Security of Person and Alternatives to Detention of Refugees, Asylum-

Seekers, Stateless Persons and Other Migirants 17(2011)

43 Training Manual on Human Rights and Arrest, Pre-trial Detention and Administrative Detention

https://www.asef.org/images/docs/9thhrseminarreport.pdf accessed 10 April 2020.

44. Ralph Crawshaw, supra note39 94(2009)

12
2.1.2.3 The right to be free from torture, cruel and degrading treatment

Most international and regional treaties as well as domestic laws of states prohibit torture and
other forms of ill treatment.46 However, the definition of torture was not properly developed. The
term torture may define as the infliction of intense pain to the body or mind to punish, to extract
a confession or information, or to obtain sadistic pleasure.47 Torture is an act that intentionally
inflicts severe physical or mental pain or suffering. According to article 1 of Convention against
Torture and Other Cruel, In Human or Degrading Treatment or Punishment, the term “torture”
means any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in an official
capacity. It does not include pain or suffering arising only from, inherent in or incidental to
lawful sanctions. Cruel, inhuman or degrading treatment or punishment is a broader concept
than torture. It often refers to treatment that is less severe than torture or that does not meet the
definition of torture.48 It still involves abuse or humiliation. It does not necessarily have to be
intentionally inflicted or physical pain, although most cases will involve some deliberate
imposition of severe suffering or intent to harm, humiliate or debase a victim. The purpose of the
conduct will be at least a factor to take into account. It can include acts that cause mental
suffering, debase a person, and causes fear, anguish or a sense of inferiority.49 No exceptional
circumstance is allowed be raised as justification for torture,50 and the criminal suspects are
entitled to the non-derogated right not to be subjected to torture, or cruel, inhuman and degrading
treatment.51

45. Alice Edwards, supra note 42

46. UDHR Article 5, ICCPR Article 7, ACHPR Article 5, FDRE Constitution Article 19.
47. Blacks Law Dictionary 8TH Edition.
48. Ibid
49. Ibid
50.Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (adopted 10

December 1984, entered into force 26 June 1987 UNGA Res 39/46 (CAT) Art. 2 paragraph 2.
51. ICCPR Art 4, 7, FDRE Constitution Art.18.

13
2.1.2.4 The right to equality
The right to equality consists of both the notion, ‘all persons are equal before the law’, and ‘all
persons are equal before the courts’. Thus, it is understandable that, the right to equality
guarantees every person to be equal before the law, and to obtain protection of the law without
legally unjustified discrimination. During a criminal proceeding the principle of equality enables
both contesting parties to enjoy the same procedural rights and opportunities. Exceptions base on
lawful grounds justified by objective and reasonable causes could, however, be imposed on the
principle of equality provided that it would not entail actual disadvantage or other unfairness to
the defendant.52

2.1.2.5 The right to privacy

The right of a person to have his or her private life respected, and protected from interference, is
a precious freedom. At the same time it has to be recognized that the power to search people,
buildings and other private property is a power essential to the prevention and detection of crime,
and indeed to the performance of other police functions. The power to carry out surveillance
operations and to intercept mail, telephone and other forms of communication is particularly
important in dealing with organized crime and crimes of terrorism. However it should be
emphasized that such essential police powers must be exercised only when it is necessary to do
so, and they must be exercised lawfully. In this regard, No one shall be subject to arbitrary and
unlawful violation of privacy.53

2.2 Historical development, Functions, Duties and Ethics of police in relation to suspected
person

2.2.1 Historical development of policing in Ethiopia

In 1913, during the reign of Emperor Minilik II, the Ethiopian police was founded for the first
time in our history and the police force was known as “YeketemaZebegna” or the City’s Guard.54
Just before the invasion of our country by Italy in 1963, City (Arada) “Zebegna” (Guard) was
founded to keep the security of the capital and this establishment was well organized and suitable

52 .General Comment no.32 (N 89), Para. 32,13.

53. FDRE Constitution, Art 26, ICCPR Art.17
54. http://www.federalpolice.gov.et.

14
for the needs of the time and after the end of the invasion, all government structures were
abolished and new ones instituted by Emperor Haile Silassie by royal decree No. 6/1934. A
modern police establishment was newly founded.55 The police force was governed by British
citizens, according to the book by Brigadier General Moges Beyene entitled “PolicenaGize”
(Police at Different Times) published in 1972.56 The dawn fall of Emperor Haile Silassie in 1974
leads to the enactment of proclamation 10/1974 which aims to provide for the nation’s security
and protection. However, the proclamation is not enacted in a manner that, address
organizational matters of a police. After the coming into power of Ethiopian People
Revolutionary Democratic Front, the whole structure of the police force was established
according to federal system.57 This mean established a federal police system in line with the
country system of government that is divided into nine regions and two cities administrative
under federal control. All the nine regions have their own police agencies and the federal police
control the two cities administrative police that are Addis Ababa and Dire Dawa.

2.2.2 Functions, Duties and Ethics of Police in relation to suspected person

2.2.2.1 Function and duties of a police in general

Several international and domestic human right instruments contain principles and provisions
that are applicable to policing, both in terms of prohibited police behaviors (such as torture) and
desirable priorities for police to set in their activities. Some examples are the Convention on the
Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of
the Child, and the International Convention on the Elimination of All Forms of Racial
Discrimination.58

Among other things, the roles and functions of police in general consist of;59

 To uphold and enforce the law impartially, and to protect life, liberty, property, human
rights, and dignity of the members of the public;
 To promote and preserve public order;

55. Ibid
56. Ibid
57. Girma Kibret Hailu, Challenges of Community Policing Practice in Preserving Civil Rights of Individual; The

Case of Addis Ketema Sub City 15(2018).

58. FDRE Constitution. Art 19.
59. Vishruti Chauhan, The Model Police Act 2006; a Roadmap to the Future ( Jan. 2, 2021)

https://blog.ipleaders.in/model-police-act-2006-roadmap-future

15
 To protect internal security, to prevent and control terrorist activities, breaches of
communal harmony, militant activities and other situations affecting Internal Security;
 To protect public properties including roads, railways, bridges, vital
 installations and establishments etc. against acts of vandalism, violence or any kind of
attack;
 To prevent crimes, and reduce the opportunities for the commission of crimes through
their own preventive action and measures as well as by aiding and cooperating with other
relevant agencies in implementing due measures for prevention of crimes;
 To accurately register all complaints brought to them by a complainant or his
representative, in person or received by post, e-mail or other means, and take prompt
follow-up action thereon, after duly acknowledging the receipt of the complaint;
 To register and investigate all cognizable offences coming to their notice through such
complaints or otherwise, duly supplying a copy of the First Information Report to the
complainant, and where appropriate, to apprehend offenders, and extend requisite
assistance in the prosecution of offenders;
 To create and maintain a feeling of security in the community, and as far as possible
prevent conflicts and promote amity;
 To provide, as first responders, all possible help to people in situations arising out of
natural or man-made disasters, and to provide active assistance to other agencies in relief
and rehabilitation measures;
 To aid individual, who are in danger of physical harm to their person or property, and to
provide necessary help and afford relief to people in distress situations;

 To facilitate orderly movement of people and vehicles, and to control and regulate traffic
on roads and highways;

 To collect intelligence relating to matters affecting public peace, and all kind of crimes
including social offences, communalism, extremism, terrorism and other matters relating
to national security, and disseminate the same to all concerned agencies, besides acting,
as appropriate on it themselves.

16
  To take charge, as a police officer on duty, of all unclaimed property and take action for
their safe custody and disposal in accordance with the procedure prescribed.

 To train, motivate and ensure welfare of police personnel.

According to Addis Ababa City Police Commission Establishment Council of Ministers

Regulation No.96/2003 article 6, the Commission has a power to prevent and investigate crimes.
Prevent any activities that jeopardize the administration by violating the charter of the City
Administration. Prevent crimes against the interest and institutions of the City Administration.
Safeguard the institutions of the City Administration. Execute orders or decisions of the federal
and municipal courts. Execute orders issued by the Federal Public Prosecutor and City
Administration public prosecutor in regard to investigations of crime. Enforce the rules and the
flows of traffic in the City.60

2.2.2.2 The code of police ethics in relation to suspected person

Police officers are presumed to be well aware of rules and regulations. However, some officers
do not pay respect to all the rules and regulations, with some being ignored whilst some are
strictly adhered too. It is not sufficient for law enforcement officials merely to know the powers
and authorities given to them by law; they must also understand their potentially harmful (and
potentially corrupting) effects. If law enforcement officials were to resort to practices that are
against the law or that go beyond the powers and authorities granted to them by the law, public
safety and public security would subsequently be at risk, with potentially devastating
consequences for society.
To that end, law enforcement officials must develop ethical attitudes and behavior to a level that
will enable them to perform their tasks correctly. The term ‘ethics’ refers to a moral obligations
that one person owes another.61 As foundational documents codes of ethics can provide the
framework that public servants political and civil service use to carry out their public
responsibilities.62 Ethics are concerned with making the right judgments and do things right
(rather than ritualistically doing the right things) for the rights reasons.63 In other words, decision
60. Regulation No.96/2003, Article 6.
61. Blacks LawDictionary 8th Edition
62. Stuart C. Gilman, Ethics Codes and Codes of Conduct as Tools for Promoting an Ethical and Professional Public

Service; Comparative Successes and Lessons 5(2005).

17
makers remain accountable, not only for the decision they make, but also the way they are
taken.64 Codes can clearly articulate unacceptable behaviors as well as providing a vision for
which the government official is striving.65 Code of ethics and oath of office are the most
important issues of truth and honesty that a police department has with the community which this
department serves. Most police agencies have neglected these issues and do not fully understand
the impact they have on the community they serve. The introduction of an ethical code could
benefit (Kingshott 2003: 305-310):66

 An improvement if public perception of the police role.

 Improve confidence and trust in the organization.
 Achieve a significant reduction in unethical behavior in the organization.
 An awareness of the ethical implications of the officer’s decision-making.
 Education to achieve sound ethical decision making skills and thereby improve the
quality of service delivery to the society being policed.
 Development of an officer’s personal morality.

Despite that, Here are some responsibilities on the police shoulder which they should be careful
about and try their best to do well which are: A police officer must not: use obscene,
blasphemous or abusive language; fail or refuse to produce official identification when any
person asks him to do so; fail to carry prescribed identification in his direct relations with the
public; conduct acts or use injurious language based on race, color, sex, sexual orientation,
religious or political convictions, language, age, social condition, civil status, pregnancy, ethnic
or national origin; be disrespectful or impolite towards any person; A police office must avoid
any term of abuse of authority in his relations with the public; A police officer must not: use
greater force than is necessary to accomplish what is required or permitted; make threats,
intimidate or harass; knowingly bring a charge against any person without ground; abuse his
authority in order to obtain a statement ; detain any person who is not under arrest in order to
interrogate him; A police officer must perform his duties with integrity. A police officer must

63.Brian F. Kingshott et al, Ethics in Policing 2(2004).

64. Ibid.
65 . Ibid.
66. Kingshott, B F, supra note 63.

18
not: maliciously damage or destroy property belonging to any person; illegally dispose of
property belonging to any person; knowingly file a false or inaccurate report or recommendation
concerning any person; a police officer must respect the rights of any person in his custody and
avoid any indulgence towards that person. A police officer must not: be negligent or lack
concern regarding the health or safety of a person in his custody; except when necessary, search
a person of the opposite sex, be present during the searching of such a person, or have a person
in his custody searched by a person of the opposite sex; interfere in communications between a
person in custody and that person’s attorney; use greater force than necessary on a person in his
custody; A police officer must use judgment and exercise care in using a weapon or other piece
of equipment, A police officer must not show, handle or point a weapon without justification.67

A. International standards
The United Nations developed specific guidance for ethical standards in two important “soft
law” instruments, which is called, Code of Conduct for Law Enforcement Officials (CCLEO)
and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF).

1. Code of Conduct for Law Enforcement Officials (CCLEO)

The issue of professional ethics for law enforcement has been given some thought in
international instruments on human rights and criminal justice, and most prominently in the Code
of Conduct for Law Enforcement Officials (CCLEO) adopted by the General Assembly of the
United Nations in its resolution 34/169 of 17 December 1979.68 It consists of eight articles. And,
it is not a treaty but belongs to the category of instruments that offer guidance to governments on
issues related to human rights and criminal justice.69 According to article 1(a) of the resolution,
the term "law enforcement officials", includes all officers of the law, whether appointed or
elected, who exercise police powers, especially the powers of arrest or detention.

67. Law enforcement code of ethics for police officers, (March 29,2022), https://www.lawteacher.net/free-law-
essays/criminology/ethics-of-police-officers.php?vref=1.
68. Anja Bienert, To Serve and To Protect Human Rights and Humanitarian Law for Police and Security Forces

141(2014).
69. Ibid.

19
According to article 1 of the resolution, Law enforcement officials shall at all times fulfil the
duty imposed upon them by law, by serving the community and by protecting all persons against
illegal acts, consistent with the high degree of responsibility required by their profession. In the
performance of their duty, law enforcement officials shall respect and protect human dignity and
Maintain and uphold the human rights of all persons.70 In this regard, the human rights in
question are identified and protected by national and international law. Among the relevant
international instruments are the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons from
Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
The United Nations Declaration on the Elimination of All Forms of Racial Discrimination, the
International Convention on the Elimination of All Forms of Racial Discrimination, the
International Convention on the Suppression and Punishment of the Crime of Apartheid, the
Convention on the Prevention and Punishment of the Crime of Genocide, the Standard Minimum
Rules for the Treatment of Prisoners and the Vienna Convention on Consular Relations. Article 3
of the same resolution stipulated that, Law enforcement officials may use force only when
strictly necessary and to the extent required for the performance of their duty. This provision
emphasizes that the use of force by law enforcement officials should be exceptional; while it
implies that law enforcement officials may be authorized to use force as is reasonably necessary
under the circumstances for the prevention of crime or in effecting or assisting in the lawful
arrest of offenders or suspected offenders, no force going beyond that may be used.71 The use of
firearms is considered an extreme measure. Every effort should be made to exclude the use of
firearms, especially against children. In general, firearms should not be used except when a
suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less
extreme measures are not sufficient to restrain or apprehend the suspected offender. In every
instance in which a firearm is discharged, a report should be made promptly to the competent
authorities.72 Also, Matters of a confidential nature in the possession of law enforcement officials
shall be kept confidential, unless the performance of duty or the needs of justice strictly require
otherwise.73 No law enforcement official may inflict, instigate or tolerate any act of torture or

70. CCLEO, Article 2.

71 . CCLEO, Article 3.
72. Ibid.
73. CCLEO, Article 4.

20
other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement
official invoke superior orders or exceptional circumstances such as a state of war or a threat of
war, a threat to national security, internal political instability or any other public emergency as a
justification of torture or other cruel, inhuman or degrading treatment or punishment.74 Law
enforcement officials shall ensure the full protection of the health of persons in their custody and,
75in particular, shall take immediate action to secure medical attention whenever required. In
addition, articles 7 and 8 of the Code of Conduct require police to oppose and combat corruption
and to oppose and report any violation of the Code of Conduct internally or to “other appropriate
authorities or organs vested with reviewing or remedial power”. The commentary on article 8
refers to the need to report violations within the chain of command but, only when no other
remedies are available or effective, to take other lawful action outside the chain of command,
and, as a last resort, to the media. In 1989 the Economic and Social council of UN endorsed
Guidelines for the Effective Implementation of the Code of Conduct for Law Enforcement
Officials, in its resolution 44/162. The Guidelines state, inter alia, that effective mechanisms
need to be established to ensure the internal discipline and external control as well as the
supervision of law enforcement officials. Additionally, they state in section B.4 that provisions
for the receipt and processing of complaints against law enforcement officials made by members
of the public shall be made.76

2. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
(BPUFF)

The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF)
were adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, held in Havana, Cuba, from 27 August to 7 September 1990. The aim of
this instrument is to assist to assist Member States in their task of ensuring and promoting the
proper role of law enforcement officials, and the principles should be taken into account and
respected by Governments within the framework of their national legislation and practice, and be

74. CCLEO, Article 5.

75. CCLEO, Article 6.
76. Economic and Social Council Resolution 1989/61,

21
brought to the attention of law enforcement officials as well as other persons, such as judges,
prosecutors, lawyers, members of the executive branch and the legislature, and the public.77

The Preamble to this particular instrument further recognizes the importance and complexity of
the tasks of law enforcement officials, acknowledging their vital role in the protection of life,
liberty and security of all persons.

The Preamble ends by stressing the need for national governments to take the principles
enshrined in this instrument into account by adapting their national legislation and practice
accordingly. Furthermore, governments are encouraged to “keep the ethical issues associated
with the use of force and firearms constantly under review” 78, it include principles related to
accountability in relation to the use of force and firearms by police, including; The need for the
availability of an “effective review process” with the requirement that independent
administrative or prosecutorial authorities need to be able to exercise jurisdiction in appropriate
circumstances and that cases of death and serious injury or other grave consequences must be
reported promptly to the “competent authorities responsible for administrative review and
judicial control”.79 In carrying out their duty, law enforcement officials shall as far as possible
applies a non- violent means before resorting to the use of force and fire arms. They may use
force and firearms only if other means remain ineffective or without any promise of achieving
the intended result. In this regard BPUFF stipulated that, whenever the lawful use of force and
firearms is unavoidable, law enforcement officials shall;
 Exercise restraint in such use and act in proportion to the seriousness of the offence and
the legitimate objective to be achieved;
 Minimize damage and injury, and respect and preserve human life;
 Ensure that assistance and medical aid are rendered to any injured or affected persons at
the earliest possible moment;
 Ensure that relatives or close friends of the injured or affected person are notified at the
earliest possible moment.
Persons affected by the use of force and firearms or their legal representatives and dependents
should have access to an independent process, including a judicial process. Also, superior

77.BPUFF, Preamble, Paragraph 10.

78.BPUFF No.1
79 BPUFF No.6

22
officers must be held responsible “if they know, or should have known” that their subordinates
“are resorting, or have resorted, to the unlawful use of force and firearms, and they did not take
all measures in their power to prevent, suppress or report such use”. In addition to these,
according to this instrument, Exceptional circumstances such as internal political instability or
any other public emergency may not be invoked to justify any departure from these basic
principles. In the BPUFF, governments and law enforcement agencies are urged to ensure that all
law enforcement officials are:
• “selected by proper screening procedures; have appropriate moral, psychological and physical
qualities […] and receive continuous and thorough professional training,” and are subject to
periodic reviews of their “fitness to perform [their] functions” (BPUFF No. 18);
• trained and tested “in accordance with appropriate proficiency standards in the use of force”
and that officials required to carry a firearm are authorized to do so only after having
completed special training (BPUFF No. 19).
In BPUFF No. 20 it is further stipulated that:
• “[i]n the training of law enforcement officials, Governments and law enforcement agencies
shall give special attention to issues of police ethics and human rights, […] alternatives to the
use of force and firearms, including the peaceful settlement of conflicts, the understanding of
crowd behavior, and the methods of persuasion, negotiation and mediation […] with a view to
limiting the use of force and firearms”.

In addition to the above discussed international instruments which are deal with the ethical
standards in which a police officer ought to be follow, there are also other international legal(
either as a soft law or hard law) instruments which are directly or indirectly deals with the ethical
behavior in which a police should have to be followed. An important police oversight
mechanism is the practice of making regular visits to places of police detention and places where
police interrogate suspects, as provided for by the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,80 which entered into
force in 2006.81 Article 1 of the Optional Protocol states that the purpose of the Protocol is “to
establish a system of regular visits undertaken by independent international and national bodies

80. General Assembly Resolution 57/199.

81. At 5 Aug 2010, it had been ratified by 54 member states.

23
to places where people are deprived of their liberty, in order to prevent torture and other cruel,
inhuman or degrading treatment or punishment.” Such visits can play an important role in the
prevention of police misconduct such as maltreatment of detainees. The mechanics of the
implementation of the provisions are left to the discretion of the State party, provided that it
consults with non-State actors, in particular human rights defenders.82

Body of Principles for the Protection of All Persons Under Any Form of Detention or
Imprisonment, which is adopted by General Assembly resolution 43/173 of 9 December 1988,
enshrined certain principles which are applied for a detained person as a result of an alleged
commission of an offence. According to the resolution, among other things, the authoritative
body or police in the course undertaking its task they should have to take into consideration the
following principles as an ethical consideration, some of these are;
 All persons under any form of detention or imprisonment shall be treated in a humane
manner and with respect for the inherent dignity of the human person.
 Arrest, detention or imprisonment shall only be carried out strictly in accordance with the
provisions of the law and by competent officials or persons authorized for that purpose.
 Any form of detention or imprisonment and all measures affecting the human rights of a
person under any form of detention or imprisonment shall be ordered by, or be subject to
the effective control of, a judicial or other authority.
 No person under any form of detention or imprisonment shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment.
 Persons in detention shall be subject to treatment appropriate to their unconvicted status.
Accordingly, they shall, whenever possible, be kept separate from imprisoned persons.
 The authorities who arrest a person, keep him under detention or investigate the case
shall exercise only the powers granted to them under the law and the exercise of these
powers shall be subject to recourse to a judicial or other authority.
 Anyone who is arrested shall be informed at the time of his arrest of the reason for his
arrest and shall be promptly informed of any charges against him.

82.Association for the Prevention of Torture, Civil Society and National Preventive Mechanisms Under the
Optional Protocol to the Convention Against Torture (Geneva, 2008).

24
  A person shall not be kept in detention without being given an effective opportunity to be
heard promptly by a judicial or other authority.
 A detained person shall have the right to defend himself or to be assisted by counsel as
prescribed by law.
Also Standard Minimum Rules for the Treatment of Prisoners83, the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the
Bangkok Rules)84 set out basic principles on treating detainees with dignity.

B. Regional Standards
Despite the international instruments, as we have discussed above, there are also regional
instruments which are directly or indirectly deals with the ethics of police officers.

1. Africa
The African Charter on Human and Peoples’ Rights does not refer to the right to remedy, but the
African Commission on Human and People’s Rights adopted a resolution in 2006 on police
reform, accountability and civilian police oversight in Africa.85 Under its preamble the resolution
give recognition to the police forces that they are play a critical role in the maintenance of law
and order, the administration of justice, the respect for the rule of law and enhancing peace and
security of persons and property. It also stated that policing is a basic foundation in building
democracy, promoting human and peoples’ rights. On the other hand, the instrument tries to
indicate its concern that in many of the African states, there exist no independent policing
oversight mechanism, thus, it recommends a reform. And the aim of the reform is in order to
become effective instruments of security, safety and justice and respect for human and peoples’
rights across the continent. To achieve the purposes of the resolution, The African Commission
on Human Peoples Rights calls on state parties to take measures to ensure the police forces
respect the dignity inherent in the individual during the discharge of their duties in the

83. Adopted by the first United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at
Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957
and 2076 (LXII) of 13 May 1977
84. Resolution adopted by the General Assembly on 21 December 2010 on the report of the Third Committee

(A/65/457)] 65/229. United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules)
85. African Commission on Human and People’s Rights, 40th session held in Banjulon from 15 to 29 November

2006.

25
maintenance of law and order.86 In this regard, among other things, measures like promulgating
code of police ethics enables states to build a police force which give due respect for human
rights. Also, the resolution calls state parties to the African Charter to adopt laws and regulations
implementing the guidelines and measures for the prohibition and prevention of torture, cruel
and inhuman and degrading treatment or punishment in Africa. It also, urges state parties to the
African Charter to establish independent civilian policing oversight mechanism.

2. The European Code of Police Ethics

The European Code of Police Ethics (Recommendation (2001)10 of the Committee of Ministers
to Member States on the European Code of Police Ethics) was adopted by the Committee of
Ministers of the Council of Europe in 2001 at the 765th meeting of the Ministers’ Deputies. It
consists of 66 articles in Vll parts, and is accompanied by a comprehensive Explanatory
Memorandum which includes commentaries on each of the articles of the Code. This Code is,
therefore, much more detailed and comprehensive than the above discussed instruments. As
stipulated under its preamble, the aim of the code is to establish common European principles
and guidelines for the overall objectives, performance and accountability of the police to
safeguard security and individuals’ rights in democratic societies governed by the rule of law.87
The Code contains the following provisions on the guidelines for police ethical
action/intervention;88
 The police, and all police operations, must respect everyone’s right to life.
 The police shall not inflict, instigate or tolerate any act of torture or inhuman or
degrading treatment or punishment under any circumstances.
 The police may use force only when strictly necessary and only to the extent required to
obtain a legitimate objective.
 Police must always verify the lawfulness of their intended actions.
 Police personnel shall carry out orders properly issued by their superiors, but they shall
have a duty to refrain from carrying out orders which are clearly illegal and to report such
orders, without fear of sanction.

86.Resolution on Police Reform Accountability and Civilian Police Oversight in Africa, Article 1.
87. The European Police Ethics, Paragraph 12.
88. Supra note 87, Articles 35-46

26
  The police shall carry out their tasks in a fair manner, guided, in particular, by the
principles of impartiality and non-discrimination.
 The police shall only interfere with individual’s right to privacy when strictly necessary
and only to obtain a legitimate objective.
 The police, in carrying out their activities, shall always bear in mind everyone’s
fundamental rights, such as freedom of thought, conscience, religion, expression,
peaceful assembly, movement and the peaceful enjoyment of possessions.
 Police personnel shall act with integrity and respect towards the public and with
particular consideration for the situation of individuals belonging to especially vulnerable
groups.
 Police personnel shall, during intervention, normally be in a position to give evidence of
their police status and professional identity.
 Police personnel shall oppose all forms of corruption within the police. They shall inform
superiors and other appropriate bodies of corruption within the police.

In addition to the above mentioned general guideline for police actions or interventions, the code
provides a guideline for specific police actions during police investigation and arrest or
deprivation of liberty by the police.89

3. National standards
As discussed above, hence Ethiopia follows a federal form of government there are two tires of
government called the federal and regional governments. Both the federal and regional
governments have their own police forces. Regarding the police forces of Addis Ababa and Dire
Dawa, Pursuant to Article 5(2) of Proclamation 313/2003 the Police Commission of both cities
was established under the Federal Police Commission. In 2011 this proclamation is repealed by
Proclamation no. 720/2011.90 Unlike the former proclamation, Proclamation no.720/2011
doesn’t explicitly promulgate that both Addis Ababa and Dire Dawa city police commissions
were established under the federal police commission. However, article 20/1/ of the later
proclamation stated that, both Addis Ababa and Dire Dawa city administration police

89. Supra note, Articles 47-58.

90. Proclamation No.720/2011.

27
commissions shall be accountable to the federal police Commission. Therefore, it is arguable to
conclude that, the legal bases for the establishment of Addis Ababa city police commission is the
Federal Police Establishment Proclamation. Based on this proclamation, the Addis Ababa Police
Commission was established by council of ministers regulation number 96/2003. As per article
14 of this regulation, Federal Police Commission Administration Regulation No 268/201291 shall
apply upon the Commission. And it is also explicitly stipulated under article 3/2 of regulation no
268/2012 that, the provisions of the regulation is also applicable to Addis Ababa Police
Commission. Thus, those ethical guidelines provided under Federal Police Commission
Administration Regulation, is also applicable to the members of Addis Ababa police
commission.

Regulation number 268/2012 consists of provisions related with the recruitment, employment,
training, oath, working hours and leaves, duties and ethics of police officers. Any person willing
to be recruited as a police officer shall, among other things, fulfill the criteria of being an
Ethiopian citizen, loyal to the constitution and having good ethical conduct, not a member of any
political party and having no criminal conviction.92 Also, before commencing his work, any
police officer will take and sign an oath which indicates her/his allegiance to the constitution, to
enforce the law, to prevent crime diligently and to serve the public honestly and with integrity.93

Under part seven of the regulation, provisions related with the ethics of police, use of force and
duties of police officers are stipulated.94 According to article 44 of the regulation every police
officer shall adhere to the following ethical principles;
 Respect and protect the rights of nations, nationalities and peoples without discrimination
on the account of race, gender, religion, language, color, political outlook, wealth, birth
or any other ground (the principle of non discrimination).
 Respect and protect the constitution and international human right conventions ratified by
Ethiopia (respect and protect human rights).
 Resolutely combat all criminal activities and refrain from involving in such activities.

91. Regulation No. 86/2003 and latter repealed by regulation No. 268/2012.
92. Regulation No.86/2003 Article 4.
93. Supra note, Article 6.
94. Supra note, Articles 44-51.

28
  Discharge duties with consideration, modesty, patience and great care.
 Observe the secrecy of classified information relating with the security of the country and
the people.
 Reporting any conflict of interest with his/her responsibility to the superior.
 Perform duties to the best of his/her abilities.
 Execute lawful orders given by superiors.
 Refrain from using his/her authority and honor to secure undue advantage to him/her self
or others.
 Refrain from taking a present or any other benefit directly or indirectly from any person
for the service he has delivered or expected to deliver in relation to his duties.

Regarding the use of force by police officers, article 45 of the regulation stated that, a police
officer may use proportionate force when faced with clear resistance in discharging his duties
and where other options are not available.95 It indicates that, using force by a police officer is an
exception and not allowed in every circumstances. If the use of force includes a fire arms, the
police officer may use it if only where other measures short of fire arms are insufficient to
protect his own life or the life of others from death or from grave bodily injury or apprehend a
dangerous criminal suspect or to restrain a suspect or convicted prisoners from escaping.96 And,
the one who used a fire arms shall help the injured person to get medical treatment and forthwith
submit a report of the incident to the concerned higher official.97 Any police officer may not
engage in any other work which may impair his service or be in conflict or inconsistent with his
professional duties. 98 In relation to the engagement with vulnerable groups such as children,
women, elderly people disabled persons a police officer shall have the duty to treat with care not
to affect their feelings.99 Also article 51 of the regulation stated that, any police officer shall be
liable for the damages caused as a result of his action or decision in violation of law.

95. Supra note, Article 45/1

96. Art. 45/2
97. Art. 45/3
98. Art. 47
99. Article 50

29
 CHAPTER THREE
THE NORMATIVE FRAMEWORK OF THE RIGHTS OF
SUSPECTED PERSON

3.1 International laws

International law is a set of rules that governs the relationship between subjects of international
law, i.e. entities with legal capacities. These are, in particular, States, public international
organizations and individuals.100 International human rights law is binding on all States and their
agents, including law enforcement officials.101 Law enforcement officials are obliged to know,
and to apply, international standards for human rights.102 International protections of human
rights have increased dramatically in the last century, due in part to the increased recognition that
a number of nations share many fundamental legal values and expectations.103 The United
Nations was created in 1945 in order to promote and maintain peace and security. Its founding
instrument is the Charter of the United Nations (UN Charter). Under the opening paragraphs of
preamble which set out the determination of the peoples of the United Nations stated that, to save
succeeding generations from the scourge of war; and to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person, and in the equal rights of men and women.
Article 1 of the Charter which sets out the purposes of the United Nations to include, the
achievement of international co-operation in solving international problems of an economic,
social, cultural or humanitarian character, and in promoting and encouraging respect for human
rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
Also, Article 55 of the charter stated that, With a view to the creation of conditions of stability
and well-being which are necessary for peaceful and friendly relations among nations based on
respect for the principle of equal rights and self-determination of peoples, the United Nations
shall promote universal respect for, and observance of, human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion.

The three major instruments that codified human rights at the universal level together form what
is often referred to today as the International Bill of Human Rights, are The Universal

100. International Rules and Standards for Policing, International Committee of the Red Cross 10(2015).
101. Human Right Standards and Practice for the Police, Professional Training Series no.5/add 1, Office of the UN
High Commissioner for Human rights.
102. Ibid
103. M.Cherif Bassiouni; Human Rights in the Context of Criminal Justice; Identifying International Procedural

Protections and Equivalent Protections in National Constitutions 1(1993).

30
Declaration of Human Rights (UDHR), which was adopted by the General Assembly of the
United Nations in 1948, The International Covenant on Economic, Social and Cultural Rights,
which was adopted in 1966, and its Optional Protocol of 2008 and The International Covenant on
Civil and Political Rights, which was adopted in 1966, and its two Optional Protocols. There are
also other international treaty and non treaty documents which are specifically deals with the
rights of suspected persons and police conducts. Some of these are; Declaration on the Protection
of All Persons from being Subjected to Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment ( 1975), UN Code of Conduct for Law Enforcement Officials (1979),
UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions (1989), UN Declaration on the Protection of All Persons from Enforced
Disappearances (1992), UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1984), UN Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials (1990), UN Standard Minimum Rules for the Treatment of Prisoners
(1977), UN Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment (hereafter referred to as Body of Principles) (1988), UN Convention on the
Rights of the Child (1989), UN Rules for the Protection of Juveniles Deprived of their Liberty
(1990), UN Declaration on the Elimination of all forms of discrimination against Women (1967),
UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Powers (1990).
Despite the above mentioned instruments, the office of the UN High Commissioner for Human
Rights adopted a number of practical guides highlighting the linkage that exist between police
and human rights.104

A. Universal Declaration of Human Rights (UDHR)

The universal declaration of human rights (UDHR) is a milestone document in the history of
human rights.105 Drafted by representatives with different legal and cultural backgrounds from
all regions of the world and it was proclaimed by the UNGA in Paris on 10 December 1948 by a
general assembly resolution 217 A (III), as a common standard of achievements for all peoples
and all nations.106 The Declaration has had a huge influence, both in terms of spreading the

104. For details the Web Site of UNHCR http://www.unhcr.org.in ; also see HR Standards and Practices for the
Police: Expanded pocket Book on Human Rights for the police PTS No.5/Add.3, 2004.
105. https://www.un.org/en/about-us/universal-declaration-of-human-rights.
106.Ibid

31
philosophy of human rights, and in terms of inspiring legal texts and decisions.107 Several
constitutions have taken its provisions as the basis for a bill of rights, and national and
international courts have invoked the Declaration in their judgments.108 The member states of the
UN have come to acknowledge that the Declaration, although not in the form of a binding legal
instrument, does contain actual human rights obligations.109 Under its preamble the declaration
recognize that, the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world.

The operative part of the Declaration can be divided into three groups of provisions. The first
group (Article 1) contains an affirmation of the philosophical foundations of human rights by
saying that, all human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of brotherhood. The
UDHR consists of both substantive and procedural rights of criminally suspected persons.
According to article 11 of the declaration, everyone charged with a penal offence has the right to
be presumed innocent until proved guilty. Regarding the principle of legality, it stated that no
one shall be held guilty of any penal offence on account of any act or omission which did not
constitute a penal offence, under national or international law, at the time when it was committed
and, 110 nor shall a heavier penalty be imposed than the one that was applicable at the time the
penal offence was committed. If someone suspected of committing a criminal offence, the arrest
of the person shall be held in accordance with what is prescribed by law. Hence no one shall be
subject to arbitrary arrest111, a police can be exercise its power to arrest a suspect should have to
be undertaken according to what is prescribed by the law. The right to life, liberty and security of
persons are also recognized by the declaration.112 Thus, an action by a police officer in relation to
a criminally suspected person should be taken to consideration the suspects rights to life,
movement and security as a principle and the violation of this rights must be happen in
exceptional situations only if the law prescribed it. Also, the declaration prohibits any one,
including police officers from undertaking a torture, cruel, inhuman and degrading puni

107.AndrewClapham, supra note, 42(2007).

108. Ibid
109. Ibid
110. UDHR Article, 11/2.
111. UDHR Article 9
112. UDHR Article 3

32
shments.114 A suspected persons’ have the rights to an equal protection of the law and without
any discrimination.114 Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and obligations and of any
criminal charge against him. On the other hand, UDHR is failed to explicitly indicate some of
suspected persons’ rights including, the rights to be informed of the reason of detention and any
charge, right to have assistance of a legal counsel, the right to remain silent during police
interrogation and prohibition of self incrimination, the right to prompt appearance before the
court.

B. The International Covenant on Civil and Political Rights (ICCPR)

The ICCPR is a key international human rights treaty, providing a range of protections for civil
and political rights. The Covenant was adopted by the U.N. General Assembly Resolution
2200(xxi) in 1966 and came into force in 1976. As of September 2019, 173 countries have
ratified the Covenant115 and six more signatories without ratification including. The ICCPR
obligates countries that have ratified the treaty to protect and preserve basic human rights, such
as: the right to life and human dignity; equality before the law; freedom of speech, assembly, and
association; religious freedom and privacy; freedom from torture, ill-treatment, and arbitrary
detention; gender equality; the right to a fair trial; right family life and family unity; and minority
rights. The Covenant compels governments to take administrative, judicial, and legislative
measures in order to protect the rights enshrined in the treaty and to provide an effective remedy.
The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based on the
notion of non-discrimination. Article 2 ensures that rights recognized in the ICCPR will be
respected and be available to everyone within the territory of those states who have ratified the
Covenant (State Party). Article 3 ensures the equal right of both men and women to the
enjoyment of all civil and political rights set out in the ICCPR.

Regarding the rights of suspected persons unlike the UDHR the ICCPR seems to address a
broad amount of procedural and substantive rights of suspected persons. According to article 6 of

114. UDHR Article 5

114. UDHR Article 7
115. https://www.treaties.un.org/.

33
the convention, every human being has the inherent right to life. This right shall be protected by
law and no one shall be arbitrarily deprived of his life. This provision tacitly prohibits police
officers from using force or fire arms that may endanger the life of a suspect arbitrarily. The right
to personal liberty constitutes one of the oldest and most fundamental guarantees constitutive of
a free society and the rule of law. On the other hand, for the sake of the administration of the
criminal justice system, states can have the authority to arrest those who have been suspected of
a criminal act. To overcome the paradox in the exercise of arresting suspects the police must
handle it in a manner prescribed by law. In this regard the ICCPR enshrined that, everyone has
the right to liberty and security of person.116 No one shall be subjected to arbitrary arrest or
detention and no one shall be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.117 The term arbitrariness is not well defined by
the convention. According to Claire Macken ,1966, the word ‘arbitrary’ should be understood to
mean arrest and detention either on grounds or in accordance with procedures other than those
established by law or under the provisions of a law the basic purpose of which is incompatible
with respect for the right to liberty and security of person.118 By its comment the UNHRC stated
that, the notion of “arbitrariness” is not be equated with “against the law”, but it should be
interpreted more broadly to include elements of inappropriateness, injustice, lack of
predictability and due process of law elements of reasonableness, necessity and
proportionality.119 The convention also, imposed a duty to those who undertake the arrest of a
suspect to promptly inform the reason for his/her arrest.120 However, the element to be informed,
to the suspect is not explicitly enumerated under the convention. In this regard, the UNHRC
argued that, enough factual specifics such as the wrongful act and the identity of an alleged
victim, and the official basis for the detention in particular.121 Also the convention requires that
any one arrested as a result of a suspicion of crime shall promptly before a judge or other officer
authorized by law to exercise judicial power. The meaning of “promptly” under the ICCPR may
vary depending on objective circumstances. However, in its’ view the HRC demonstrated that

116. ICCPR Article 9/1/

117. Ibid
118. Claire Macken, Preventive Detention and the Right of Personal Liberty and Security Under the ICCPR, 40

(2005).
119. UNHRC General Comment No.35 Para 12
120. ICCPR Art 9/2
121. HRC Communication No. 1177/2003, Wenga and Shandwe v Democratic Republic of the Congo, at para 6.2.

And HRC Communication No.1812/2008, Levinov v. Belarus, at para 7.5.

34
forty-eight hours is ordinarily sufficient to transport the individual and to prepare for the
judicialhearing.122 Also, as stipulated under article 9/4/ of the convention a suspect who believes
that the arrest or detention against him is unlawful has the right to challenge the lawfulness of the
arrest by taking his case to the courts. Until proved guilty a suspect of a criminal act also, have
the right to presumed innocent.123 The right to remain silent during police interrogation is not
specifically acknowledged under both the UDHR and ICCPR. Indeed, whether the right not to be
compelled to testify against oneself or to confess guilt during preliminary interrogation is
enshrined under the ICCPR is contentious.124 In the view of HRC, the right not to be compelled
to testify against oneself or to confess guilty shall refer to the absence of any direct or indirect
physical or undue psychological pressure from the investigating authorities on the accused, with
a view to obtaining a confession of guilt.125 Regarding the right of assistance of a legal counsel
for a criminally suspected person at the stage of pre trial proceedings is not clearly stipulated
under the ICCPR. However from HRC General Comment No. 32, at paragraph 32, 34 & 38, one
may conclude that states parties to the ICCPR should permit and facilitate access to counsel for
detainees in criminal cases, from the outset of their detention.126 From the reading of article 9
paragraph 3 of the ICCPR, one may understand that the convention gives recognition to
suspects’ right to be released by bail. Bail should be granted, except in situations where the
likelihood exists that the accused would abscond; or destroy evidence; influence witnesses; or
flee from the jurisdiction of the state party.127 The ICCPR also give recognition to the right that,
no one shall be subject to torture or cruel, inhuman and degrading treatment or punishments128
Hence the right of privacy also have recognized by the convention129 any act of searching by a
police against a suspect shall be held in accordance with what is prescribed by law.

122. HRC Communication No.1787/2008, Kovsh v. Belarus, at para 7.3-7.5.

123. ICCPR Art14/2
124. Awol Alemayehu Dana, Due Process Rights of Suspects During Pretrial and the Existing Challenges Under

the Legal Frameworks of Ethiopia 6 (2018). https://www.iiste.org/Journals/index.php/DCS/article/view/45638.

125. HRC General Comment No.32, para 41.
126. HRC General Comment No. 32, at para 32, 34 & 38; Concluding observations Togo 2011, at para 19.
127. HRC Communication No.526/1993, Hill v. Spain, at para 12.3.
128. ICCPR Article 7
129. ICCPR Article 17

35
3.2 The rights of suspected person under regional human right instruments

A. European Convention on Human Rights and Fundamental Freedoms (ECHRFF)

The Council of Europe established the European Convention on Human Rights and Fundamental
Freedoms, which entered into force in 1953, and is the main European human rights convention.
It deals with civil and political rights, and is in that sense similar to the ICCPR. Several
additional Protocols have added to its substantive and procedural provisions. The European
Convention for the Protection of Human Rights and Fundamental Freedoms is designed to
protect individuals' fundamental rights and freedoms. This Convention contains the classical
human rights guarantees, including the right to life (Article 2), the right not to be subject to
torture or to inhuman or degrading treatment or punishment (Article 3), the right to liberty and
security of person (Article 5), and the right to respect for private and family life, home and
correspondence (Article 8).
With respect to the rights of suspected persons, the convention consists of various provisions. As
per article 2, everyone has the right to life. Unlike other human right instruments this convention
prescribed legal grounds in which the right to life may be inflicted. If the deprivation of the right
is occurred in defense of any person from unlawful violence, in order to effect a lawful arrest or
to prevent the escape of a person lawfully detained or, and in action lawfully taken for the
purpose of quelling a riot or insurrection,130 the authoritative body or police may not be
considered as breaching the right. The convention also gives recognition to the right of personal
liberty.131 Detention is only reasonable under the ECHR if: (a) there is a reasonable suspicion
that he/she has committed an offence; or (b) is attempting an unauthorized entry into a country or
has been ordered extradited or deported to another country; or (c) has failed to comply with a
lawful court order or fulfill any obligation prescribed by law.132 The ‘Principle of Legality’
adopted under the ECHR presupposes the existence of prior enacted law that prescribes the
grounds of detention and procedures to execute lawful detention.133 A suspect who is arrested
shall be informed promptly, in a language which he understands, of the reasons for his arrest and
of any charge against him.134 Everyone due to the suspicion of a criminal offence, charged with a
criminal offence shall be presumed innocent until proved guilty according to law.135 No one shall

130.ECHRFF Article 2(2)

131. ECHRFF Article 5
132. Ibid.
133. Ibid
134. ECHRFF Article 5/2

36
be subjected to torture or to inhuman or degrading treatment or punishment.136 Also, the ECHR
requires anyone detained on a criminal charge brought promptly before a judge or other officer
authorized by law to exercise judicial power.137 Regarding the right to have assistance of a legal
counsel any body charged with a criminal offence has the right to defend himself in person or
through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require.138 Similar to the ICCPR,
there is no requirement of assistance of legal counsel at the first moment of arrest under the
ECHR. Also, the convention gives recognition to the right of a person’s privacy.139

B. The African Charter on Human and Peoples’ Rights (ACHPR)

The African Charter on Human and Peoples’ Rights (ACHPR) is adopted in 27 June 1981,
entered into force on 21 October, 1986 and, it is at the core of the African human rights system.
The African Commission on Human and Peoples’ Rights (ACHPR), African Court on Human
Peoples’ Rights (AFCHPR), and African Committee of Experts on the Rights and Welfare of the
Child (ACERWC) all assess States’ compliance with human rights standards, including by
deciding individual complaints of human rights violations. However, the jurisdiction and
activities of each body are distinct.140
Like many other human right instruments the ACHPR also enshrined some of the rights of
suspected persons. As per article 6 of the charter, no one shall be a subject of arbitrary arrest or
detention, except in reasons and conditions previously laid down by law. The charter doesn’t
explicitly elaborate what constitute the term arbitrary in the provision. The charter is silent about
the right to be informed of the reason for the arrest or detention. However, Principles and
Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (PGRFTLA), 2003, under
paragraph M/1/a/ stipulated that, anyone who is arrested shall be informed, at the time of arrest,
of the reasons for his or her arrest and shall be promptly informed, in a language he or she
understands, of any charges against him or her. Regarding, suspected persons’ right to have
assistance of a legal counsel, the ACHPR is fall to expressly promulgate the requirement of

135. ECHRFF Article 6/2

136. ECHRFF Article 3
137. ECHRFF Article 5/3
138. ECHRFF Article 6/3/c
139. ECHRFF Article 8
140. https://ijrcenter.org/regional/african/.

37
assistance of a legal counsel at the first moment of arrest.142 Even if the ACHPR failed to
acknowledge this right, PGRFTLA in Africa acknowledged it.142 The same provision also
stipulated that, every individual shall have the right to liberty and to the security of his person.
Suspected persons also have the right to presumed innocent until proved guilty.143 ACHPR do
not specifically prescribe the right to remain silent and the right against self incrimination.
Regarding the right to communicate with the outside world, The ACHPR fail to recognize this
right; however, the African Commission has stated that suspects hall be given reasonable
facilities to receive visits from his/her family and friends, subject to restriction and supervision
only as necessary in the interests of the administration of justice and institutional security.144 The
suspect right to the prompt appearance before court established by law is not provided under the
charter. But according to PGRFTLA, Anyone who is arrested or detained on a criminal charge
shall be brought before a judicial officer authorized by law to exercise judicial power and shall
be entitled to trial within a reasonable time or to release.145 The ACHPR do not specifically
recognize suspects’ right to challenge the lawfulness of the arrest or detention; however, the
African Commission on Human Rights stated that anyone who is deprived of his or her liberty by
arrest or detention shall be entitled to take proceedings before a judicial body, in order that that
judicial body may decide without delay on the lawfulness of his or her detention and order
release if the detention is not lawful.146 Article 5 of the charter stated that, every individual shall
have the right to the respect of the dignity inherent in a human being and to the recognition of his
legal status and prohibit any form of inhuman treatment, torture and cruel and degrading
punishment. One of a criminal suspected persons’ right is the Right to be released on Bail
Pending Investigation or Trial. In this regard the ACHPR fall to recognize the right expressly.
However, the African Commission on Human and People’s Rights demonstrates unless there is
sufficient evidence makes it necessity to prevent a person arrested on a criminal charge from
fleeing; interfering with witnesses; or posing a clear and serious risk to others, states must ensure
released on bail pending trial.147 The right to trial within a reasonable time or release pending
investigation or trial is enshrined to the suspect under article 7/1/d / of ACHPR’s. The rights

142. ACHPR Article 7/1/c

142. African Commission on Human and People’s Rights, PGRFTLA in Africa, at para M [(1(e)].
143.ACHPR Art7/b
144. African Commission on Human and People’s Rights, PGRFTLA in Africa, at para M [g].
145. PGRFTLA Para3/a
146. PGRFTLA Para3/a-b
147. PGRFTLA Para. m/1/e

38
against any form of discrimination, equality before the law and equal protection of the law are
some of the substantive rights of suspected persons’ which are expressly enshrined under the
ACHPR.148

3.3 The rights of suspected person under Ethiopian laws

Ethiopia is a country with a rich history of human rights abuses.149 In November 18/2012
Ethiopian human rights commission in it’s press release reported that thousands of persons are
detained in Addis Ababa and Dire Dawa, in connection with the state of emergency and the
detention has not been implemented in compliance with the principles of necessity,
proportionality, and freedom from discrimination.150 According to human rights watch world
report of 2021, due to the late June violence authorities arrested over Nine Thousand people
including government critics and journalists.151 And, there were the violation of due process
rights and fair trial standards.152 Amnesty international claimed, Police in the capital, Addis
Ababa, and other cities take arbitrary arrest.153 According to the organization, the arrest was
ethnically motivated or discriminatory and the arrest was increased after the government
declared a state of emergency on November 2/2021.154 According to the department of state,
country reports on Human Rights Practices for 2020, the government did not always observe
suspects procedural and substantive rights.155

Despite all these indicative reports of the existence of the violations of the rights of suspected
persons, Ethiopia is a party to the main international and regional human rights instruments. In
this regard, Ethiopia ratified the ICCPR on 11 June 1993 and the ACHPR 15 June 1998.
According to the 1995 constitution of the FDRE, all international agreements ratified by Ethiopia

148.
ACHPR Art. 2,3
149.Andinet Adinew Tesfaye et al, Conditions of Human Rights in Ethiopia in the Aftermath of Political Reform
24(2021).

150. https://ehrc.org/addis-ababa-the-arrest-and-condition-of-persons-detained-in-connection-with-the-state-of-
emergency-requires-urgent-attention/.
151. https://www.hrw.org/world-report/2021/country-chapters/ethiopia#805d31.
152. Ibid
153. Amnesty International Report 2021/22, 165(2022).
154. Ibid
155. United States Department of State Bureau of Democracy, Human Rights and Labor Country Reports on Human

Rights Practices for 2020 4- 12 (2020).

39
are an integral part the law of the land.156 The constitution also demands the fundamental rights
and freedoms specified in this Chapter shall be interpreted in a manner conforming to the
principles of the Universal Declaration of Human Rights, International Covenants on Human
Rights and international instruments adopted by Ethiopia.157 In addition to giving recognition to
those international and regional human right instruments, the FDRE Constitution included
human rights elements in chapter three (the chapter that can qualify for being the Ethiopian bill
of rights), and offers a long list of rights that are divided into categories namely “human rights”
and “democratic rights.”158 The rights of suspected persons are among others which are explicitly
recognized by the constitution. In addition to the constitution the rights of suspected persons
were either expressly or impliedly being included under criminal code, criminal procedure code,
police establishment and administration laws.159
Regarding, suspected persons’ right to be arrested in accordance with the law, the constitution of
FDRE has recognized the right to protection from arbitrary arrest and detention.160 It has adopted
the ‘principle of legality’ and it demands a charge or conviction made against the person as
prerequisite to execute lawful detention.161 However, the English version of Article 17,
Paragraph 1, of Constitution provides procedural and substantive safeguards while as the
Amharic version only provides for the procedural safeguards.162 Since the Amharic version has a
final authority over the English Version; inconsistency between the two versions creates
ambiguity and difficulty.163 As per article 423 of the criminal code, any public servant who,
contrary to law or in disregard of the forms and safeguards prescribed by law, arrests, detains or
otherwise deprives another of his freedom, is punishable with rigorous imprisonment not
exceeding ten years and fine. It also entails civil responsibility.164 As per the criminal procedure
code arrest may carryout either with or without warrant.165 The CPCE empowers any private
person to detain the flagrant offender without warrant, if the alleged crime is not punishable up

156. FDRE Constitution, Article 9(4).

157. FDRE Constitution, Art 13(2)
158. Regassa T, Making Legal Sense of Human Rights: The Judicial Role in Protecting Human Rights in Ethiopia,

mizan law review 288-330(2009).

159. For example, Criminal code of Ethiopia Articles 422- 424, CPCE Art 27.
160 FDRE Constitution, Article 17/1/
161. Awol Alemayehu Dana, Due Process Rights of Suspects During Pretrial and the Existing Challenges Under

the Legal Frameworks of Ethiopia 60(2018).

162. Ibid
163. Ibid
164. CCE Article 101
165. CPCE Articles 19-21 and Article 51

40
on complaint, but it requires him/her to hand over the detainee to the nearest police station
without unnecessary delay.166 Here, the law is strict only to preclude ‘unnecessary delay’;
however, to what extent the law tolerates it as necessarily delayed is disputable.167 The CPCE
enumerates circumstances where any member of the police may arrest without warrant; however,
the grounds are very broad and may be subject to abuse by police. Irrespective of aforementioned
challenges, the current legal frameworks of Ethiopia demands detention of a person must be
carried out in accordance with the law.168 According to article 19/1/ of the constitution, Persons
arrested have the right to be informed promptly, in a language they understand, of the reasons for
their arrest and of any charge against them. Also, on appearing before a court, they have the right
to be given prompt and specific explanation of the reasons for their arrest due to the alleged
crime committed.169 However, what constitute the term, “specific” is not clear. However from
the cumulative reading of article 56 paragraph 2 and article 92/1/a-e of the criminal procedure
code, the criminal charge shall encompass the day and exact time where the alleged crime is
committed; the property against which or the person against whom the alleged crime is
committed; the type of crime committed; and the complaint made by the crime victim or public
prosecutor, if any. As per article 19/2 of the constitution the communication must be held in a
language that the suspect is able to understand. And, during interrogation, where the arrested
person is unable properly to understand the language in which his answers are to be recorded, he
shall be supplied with a competent interpreter, who shall certify the correctness of all questions
and answers.170 With regard to the right to have assistance of a legal counsel, the constitution is
failed to incorporate the right in a pre- trial stage. With respect to this, article 61 of the criminal
procedure code stated that, any person detained on arrest or on remand shall be permitted
forthwith to call and interview his advocate and shall, if he so requests, be provided with the
means to write. However, both the constitution and the CPCE is silent about providing a free
legal service for those suspected persons who are not able to afford their own legal counselor. As
per article 19/2 of the constitution and article 27 of the CPCE the right to remain silent during
interrogation is recognized. Upon arrest, they have the right to be informed promptly, in a
language they understand, that any statement they make may be used as evidence against them in

166. CPCE Article 21 and 58/c/

167. Awol Alemayehu Dana, supra note 161, 61
168. Ibid
169. FDRE Constitution Article 19/3/
170. CPCE Article 27/4.

41
court.171 Persons arrested shall not be compelled to make confessions or admissions which could
be used in evidence against them and any evidence obtained under coercion shall not be
admissible.172 Everyone has the right to protection against cruel, inhuman or degrading treatment
or punishment.173 If any police officer was engaged against such rights it will followed by a
criminal responsibility.174 Article 21 of the constitution stated that, All person held in custody
and persons imprisoned upon conviction and sentencing have the right to treatments respecting
their human dignity and shall have the opportunity to communicate with, and to be visited by,
their spouses or partners, close relatives, friends, religious councilors, medical doctors and their
legal counsel. With respect to suspected persons’ right to prompt appreance before the court,
both the constitution and CPCE stipulated that, persons arrested have the right to first appearance
before court within 48 hours of their arrest; and demands such time shall not include the time
reasonably required for the journey from the place of arrest to the court.175 Suspected persons
also have the right to challenge the lawfulness of their detention. In this regard the constitution
stated that, all persons have an inalienable right to petition the court to 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.176 However, if the court
believes that the arrest is required to serve justice, it 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.177
Suspected persons right to be released on bail is recognized by both the constitution and the
CPCE.178 Suspected persons also have the right to be presumed innocent until proved guilty by
the competent court.179

171. FDRE Constitution Article 19/2/ and CPCE Article 27/2/.

172. FDRE Constitution Article 19/5.
173. FDRE Constitution Article 18.
174. CCE Article 424.
175. FDRE Constitution Article 19/3/ and CPCE Article 29/1.
176. FDRE Constitution Article 19/4.
177. Ibid
178. FDRE Constitution Article 19/6/ and CPCE Article 28 and 59.
179. FDRE Constitution Article 20/3/.

42
 CHAPTER FOUR
DATA ANALYSIS AND FINDINGS OF THE STUDY
4.1 Introduction
In this chapter of the thesis we will discuss the practical aspects of the role of Kolfe Keranyo
police station in the realization of the rights of suspected persons. In this regard, the thesis will
consists of an analysis of data collected from various groups of respondents’ through a purposive
sampling. The information collected from the respondents will be analyzed in line of the
international and national human right instruments and standards.

4.2 General description of the respondents

With the aim of getting in depth insight towards the realization of the rights of criminally
suspected persons in light of the international and national human right laws, the study
undertaken through an interview to the units of investigative and crime prevention and patrol
police officers (a total number of 30 police officers and their work experience ranges from 5-20
years of experience). In addition to the police officers, twenty public prosecutors from Ministry
of Justice Kolfe Branch Office, Six judges from the Federal First Instance Court Kolfe Division
Bench and Five Judges from the Federal High Court Lideta division bench were participated in
the interview. Despite these the study was undertaken through, by conducting an interview focus
group discussion to detained criminal suspects (a total number of 12, who are detained from one
day up to 20 days) and other interest groups to the matter at hand.

4.3 General institutional structure of Kolfe Keranyo police station

Kolfe Keranyo Police Station is totally consists of Two hundred sixty two staff members.180
Among this, One hundred eighty police officers were assigned to a crime prevention and
patrolling unit. And, there are only seven investigative police officers are avail in the police
station. The remaining police officers were assigned with the tasks of administrative,
safeguarding and security of the compound and other related undertakings. The police station has
a mandate to investigate crimes which are set in motion upon compliant and accusation.
Patrolling, combating or preventing crimes, arresting a suspect, searching and seizure are among
other things, the main duties of the police officers within a crime combating unit of the police.
180. Interview with Chief Sergeant Ayisa Agena, Kolfe Keranyo police station human resource administrator (April
4, 2022).

43
On the other hand, investigative police officers have a duty to undertake and lead the
investigation together with a public prosecutor. Also, ensuring the timely appearance of a suspect
before a court is among the responsibilities of an investigator. The overall administrative issues
of the police station is resides up on the hands of the administration unit of the institution.
Safeguarding and securing the compound of the police station and a prison cell is the
responsibility of those police officers assigned for this purpose. However, even if it seems that
there is a distribution of duty among the police members, it does not mean that there is no an
overlap of duty at all.

4.4 The role of police and its duties within the society
A set of different questions have been raised to the police officers who have been participated
(30 police officers) on the questioners. As one of the research objectives of the study, the
researcher wants to find out the general role of the police institution and its duties within the
society. In light of this objective, the respondents were asked the following three questions,
“What are your roles as a police?”, “What are the duties and responsibilities of police?” and
“What are the ethical duties of a police officer?” In this regard, from the responses given by the
respondents, all the police officers believes that the main role and duty of a police within a
society is to maintain and ensure the peace and security of the public, prevention and
investigation of a crime, ensuring the observance of the constitution. In addition to the prior
stated responsibilities of a police, one respondent mentioned, giving awareness about the evils of
a crime to the public, as one of the duties of a police officers. Out of thirty respondents, only two
police officers stated, respecting and protecting human rights are among the duties of a police. In
this regard, even if, ensuring the peace and security of the public and the constitution may have a
direct implication on the realization of human rights, a failure by twenty eight respondents out of
thirty respondents, to indicate the protection of human rights as a main duty of a police implies
that, human right has not given enough attention by the members of the police station. With
respect to this, when we see the framing of article 6(1) of proclamation no. 720/2011 and
regulation no.268/2012 article 44/1/b/ in addition to preventing crimes and ensuring the
maintenance of the constitution, preserving human rights are among the main duties of a police
officers to be observed. Thus, it is possible to conclude that, the respondents are not give due
attention for respecting and protection of human rights as a duty. Among the ethical principles in
which a member of a police force shall adhere to follow is; respect and protect international

44
human right conventions ratified by Ethiopia and other laws.181 However, among the thirty
respondents, only one police officer mentioned the protection of civil and political rights of
citizens, as an ethical duty of a police officer. With respect to the role of police organization
within the society, the same question was raised to both the public prosecutors and judges. In the
regard unlike the police officers, almost all respondents were indicating that, the police
organization has a vital role in the process of building a democratic system by duly respecting
human rights and it pave the way for a better relationship among citizens and government.

4.5 The role of police in the realization of the rights of criminally suspected persons’
The study also seeks to figure out the role of police in the realization of the rights of a suspect. In
relation to this objective the researcher asked the respondents (police officers) different
questions. The first question is related with assessing the availability of a prior training or
education to the police officers in relation to human rights. The questions asked to the
respondents are; “Does a human right training/education have been given to the police before
and after the recruitment as a police? And if your answer is yes, discuss the contents of the
study?” In this regard all the respondents answer the question affirmatively. Thus, it is possible
to conclude that, a human right education was given to the police officers before and after the
recruitment. With regard to the contents of the study, most of the respondents understand the
concept of human rights simply as a right inherited naturally by being a human. A few of the
respondents discuss the overall content of the human rights study they have been acquired. As
per their response, the training includes those rights recognized by the FDRE constitution and
other laws. The second part of the question given to the respondents has been directly related
with their level of understanding about human rights in general and the rights of suspected
persons in particular. In this regard the questions raised by the researcher are; “How do you
understand human rights in general and rights of criminally suspected persons in particular? List
some of the rights of suspected person?” As per article 19 of the FDRE constitution and other
human right instruments ratified by Ethiopia182, arrested persons have the right to be informed
promptly, in a language they understand, of the reasons for their arrest and of any charge against
them, the right to remain silent and upon arrest, they have the right to be informed promptly, in a
language they understand, that any statement they make may be used as evidence against them in

181. Cumulative reading of Regulation no. 96/2003, Article 14 and Regulation no. 268/2012, Art. 3/2/
182 ICCPR, ACHPR.

45
court, persons arrested have the right to be brought before a court within 48 hours of their arrest,
They have the right to be given prompt and specific explanation of the reasons for their arrest
due to the alleged crime committed etc. In this respect, the answers given by the respondents are
promising and all of the respondents mentioned more than two or more rights of suspected
persons, which are enshrined either in the constitution or in the international human right
instruments. It indicates that, lack of knowledge or awareness by the police officers, about the
rights of suspected persons may not be regarded as a main reason for the breach of the rights. On
the other hand, the level of knowledge of their rights on the side of criminally suspected persons
are low. In this regard I interviewed twelve suspects (they are detained from 1 – 20 days in the
prison) by raising the question; “what are the rights of suspected person?” In this regard, most of
the suspects know that, they have the right to communicate with their families183 and they also
understand that they have the right to prompt appearance before the court and the right to bail.184
However, the suspects have little knowledge about their procedural and substantive rights of the
right to know the reason for their arrest.185 They have not well understood that, any statement
they make may be used as evidence against them.186 That’s why most of the time the statement
given by suspects to the police, during an interrogation is changed when they appear as an
accused in front of the judges.187 And, none of the suspects have mentioned about their grand
right, the right to presumed innocent until proved guilty by the court. Therefore, it is sound to
argue that, the lack of knowledge by the suspects about their rights have a negative impact on the
effort made to tackle the breach of the human rights by a police officers. With respect to the role
of police in respecting and protecting human rights, all the public prosecutors and judges, who
are participated in the study, responded that, the police organization has a vital role in the
realization of the rights of suspects enshrined under article 19 of the FDRE constitution.

183. Interview with Habtamu Worku (a suspect of robbery), Hizkel Gincho (suspected by bodily harm), Tdesse
Bedada (a suspect of fraud), Abdulwayid Kedir (a suspect of thieft). (Adiss Ababa, Kolfe Police Station 7 April
2022).
184. Ibid
185. Interview with Gebeyew Yigebehal, Abrham Esubalew, Keflu Sahile (Suspects of different crimes) (Adiss

Ababa, Kolfe Police Station 7 April 2022).

186.
Ibid
187.
Interview with Worku Moges, Public Prosecutor at FDRE Ministry of Justice Kolfe branch (Adiss Ababa, 5
April 2022).

46
The third parts of the questioner, which are disseminated to the police officers, are mainly deals
with the practices. In finding out the reasons why and how, the police abuse human rights in the
performance of their duties, five separate questions were asked;
 How do police seize, search, arrest and conduct interrogate suspects?
 For how long can you detain crime suspects without trial?

 Are there instances where you detain suspects for more than the law requires? If your
answer is yes why?
 How you treat criminal suspects during interrogation?
 Do the investigative police officers apply human rights principles of detained persons
in the process of crime investigation?
Regarding the first question all the respondents claim that, before undertaking a search to any
suspected area, first they apply to the court and possess a search warrant. Hence, all suspected
individuals in which, I am able to interviewed are not experienced a search by a police on their
residence, unfortunately I am not able to examine whether the answers given by the respondents
(police officers) are genuine. Also the respondents (police officers) claim that, arrest is
undertaken in accordance with the law (i.e. with arrest warrant). None of the respondents stated
any thing about, whether they inform the suspects about their procedural right to silence, the
reason of arrest by a language they understand. On the other hand, on their response the suspects
claim that, they were not adequately informed about the reason of their arrest during the
commencement of the arrest.188 Rather they understand the reasons of their arrest after they
reached a police station.189 Also, none of the suspects were arrested with warrant.190 In this
regard, Tewodros Ashagire, who is a public prosecutor in the FDRE Ministry of Justice, Kolfe
branch office, argued that, the reason for the majority cases of arrest without warrant is emanate
from the law itself. 191According to him, as per article 51 of the CPCE, a police has permitted to
arrest without warrant almost in all crimes.192 For the second question, the respondents (police
officers) stated that, they will bring the suspect to the courts within 24 hours. In cases of force
188.
Interview with Nuredin Mustefa, Tewodros Selomon, Ararsa Dadi, Suspects of various crimes (Adiss Ababa,
Kolfe Police Station 7 April 2022).

189. Ibid
190. Ibid
191.Interview with Tewodros Ashagire, Public Prosecutor at FDRE Ministry of Justice, Kolfe Branch office ( 8 April

2022).

47
majeure, the time may extend to 48 hours. With respect to this, the answer given by the suspects
are, also affirmative.193 The courts availability during the weekend (Saturday) has its own
positive impact on the prompt appearance of suspects to the courts.194 With the treatment of
suspects during an interrogation, the responses given by the police officers and suspects are a
quite different. The answers given by the former stated, they undertake an interrogation in a
manner of respecting the rights of the suspect. Whereas, the latter claim that during an
interrogation the police does not respect their presumption of innocence.195 They stated that,
rather than finding the truth a police can compel as to confess that, the crime is committed by
us.196 If the police have prior knowledge of the suspected persons’ crime history, and if the
same crime is committed in the same place, the police officer can arrest that person even if there
is no evidence (prejudice).197 Also, some of the investigators insult and outrages a suspect.198
Also, investigative police officers apply for a court for unnecessary remand199 Public
prosecutors and judges also believe that, even if the degree of the breach is contentious, it is
obvious that there is a breach of human rights during an interrogation.200 By the side of police
officers, resistance by the suspects upon invitation by the police, assault on the police, lack of
co-operation from the public, lack of a suitable investigation rooms, etc are indicated as a
challenge to undertake their job properly. The other question raised by the researcher to the
suspects is; “Do you get the necessary service from the police station timely?” In this regard the
detainees are face with so many challenges. Some detainees who have no relatives can face with
a challenge to get adequate food.201 There is a shortage with clean water, adequate ventilation,
medical care, toiletry, absence of telephone, lack of enough space within the prison cell etc.202 In

192 ibid
193 Interview with Bantegize Alamerew, Asegede Alemu, Kiflu Sahile, Suspects of different crime ( Adiss Ababa,
Kolfe Police Station 7 April 2022).
194. Interview with Alhamdu Geremew, Public Prosecutor at FDRE Ministry of Justice Kolfe Branch Office (8 April

2022).
195. Supra note 188
196Interview with Abrham Esubalew, Habtamu Worku, Hizkel Gincho, Abdulwayid Kedi, Suspected of
different crimes (Adiss Ababa, Kolfe Keranyo Police Station 7 April 2022).

197. Ibid
198. Ibid
199. Ibid
200. Interview with Yohanes Tenaw and Worku Moges, Public Prosecutor at FDRE Ministry of Justice Kolfe Branch

Office (8 April 2022).

201. Interview with Nuredin Mustefa, Ararsa Dadi, Tewodros Solomon, Kiflu Sahile, Bantegize Alamirew, Suspected

of different crimes (Adiss Ababa, Kolfe Keranyo Police Station 7 April 2022).

48
this respect, the public prosecutors also affirm the complains and they avowed that the
limitations raised by the suspects are true and practically they saw the problems during their
weekly visit to the police stations203. And, by the side of police, a shortage of budget regarded as
a reason for the problems.204 Some the respondents of questioner (police officers) stated that,
those police officers who violated the rights of suspects (beating a suspect) were held
accountable either administratively or criminally. However, the researcher does not able to get
any instance, in which police officers are held accountable either criminally or administratively
for the breach of the rights of a suspect.205 Regarding the question, ‘under what (if any) condition
will the police abuse human rights?’ both the public prosecutors and judges stated that, police
officers can breach the rights of suspects through all the stages of a pre- trial proceedings.
According to them, the main reason for the breach of the rights by the police officers are, poor
academic background of police officers (not all but most of them), lack of knowledge about
existing laws, poor investigation skill as well as lack of basic forensic and related tools which are
vital for the undertaking of investigation, the nature of the crime and its complexity may lead the
investigator to use force and other unlawful compelling methods to grasp evidences, corruption
due to unsatisfactory wage/payment, lack of strong institutional as well as personal
accountability, the individual behavior of police officers and suspects, lack of neutrality of a
police organization from political parties and other executive organs of the government, lack of
skilled man power and budget are among other things, may regarded as the main pushing factors
for the breach of the rights of criminally suspected person.

202.Ibid
203. Interview with Worku Moges (8 April 2022).
204 Interview with Inspector Belehu, Chief of Kolfe Keranyo Police Station Investigtion Department (Adiss Ababa, 8
April 2022).
205 . Interview with Inspector Belehu, Chief of Kolfe Keranyo Police Station Investigation Department, Seargant

Awash Anga and Sergeant Solomon Shote Kolfe Keranyo Police Station Investigation Department team leaders
(Adiss Ababa 8 April 2022).

49
 CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion
The FDRE constitution, the CPCE and other international human right instruments gave
recognition to the rights of the suspected person in the process of criminal justice at a pretrial
stage. And the actors (police, public prosecutors, judges) in the criminal justice administration
had a duty to uphold those rights of suspected person in the course of undertaking their
responsibilities. However, the analysis of data gathered for the purpose of this study, reveals that
due to personal, institutional and factors related with the law a reason for the violation of the
rights of a suspected person. In the quest to ascertain the general understanding of a police
officers, in relation to their duty and ethical standards towards the rights of suspected person,
most of the respondents from the police officers, perceived that their main duties are maintaining
and ensure the peace and security of the public and the constitution. Here, even if protecting the
peace and security of the public and constitution has a direct implication on human rights, a
failure by the respondents to recognize, respecting and protecting human rights as a distinct part
of their duty has a negative implication and contrary to what the law prescribed.

The study also analyze the role of police in the realization the rights of suspected persons. In this
regard the study implicate that, human rights trainings and education, prior to being employed as
a police and after recruitment as police, pave the way for the police officers to better understand
human rights in general and the rights of suspected person in particular. Unlike police officers,
suspected person level of awareness about their rights are low.

Regarding the practices, during the commencement of arrest, search and interrogation the study
reveals that there is a breach of rights. In this regard police officers undertake arrest without
warrant, fail to properly communicate the reason of the arrest, and during an interrogation
compelling suspects to confess the crime, prejudice, fail to respect the presumption of innocence
are some of the violations stated by the respondents. In addition to these, the CPCE gives a broad
discretion to the police to arrest suspects without warrant. And, a shortage of budget also
mentioned as a reason for the problems in relation to the prison cell accommodation. Also,
resistance by the suspects upon invitation by the police, assault on the police and lack of co-

50
operation from the public, lack of a suitable investigation rooms, lack of skilled man power and
budget, lack of neutrality from political parties and executive organs, etc are indicated as a
challenge to undertake their job properly.

5.2 Recommendations
When we look at a pre trial proceedings, in which a police officers are involved highly and
detentions centers of Kolfe Keranyo sub city police station, in light of major national and
international human rights, the researcher observed that there are violation of suspected person
substantive and procedural rights at a pre trial stage of criminal administration system. As stated
earlier, these violations had attributed to many factors. Based on this, the writer of this paper
makes the following recommendations.

 In our present system of criminal justice administration, were the investigating police
officer has reason to believe that a person has committed an offence, he/she may by
written-summons require such person to appear before him.206 Whereas the practice
indicates the vice- versa, arrest was followed by investigation and collection of evidence.
Thus, police officers must be undertake their job in accordance with what is prescribed
by law, in which except in flagrant offences, arrest and interrogation must be the final
step after knowing the where about of the suspects and collection of all evidence by
lawful means. Sufficient time should be given to the investigating officer for the
collection of evidence against the real offender. Adequate training should be imparted to
the police officers accordingly. Unlike prescribed under article 51 of CPCE, powers of
the police to arrest should be strictly limited and adequate safeguards for arrest should be
ensured. Police should be required to demonstrate in writing the need for arresting an
individual as a means of reducing the number of unwarranted arrests at the investigation
of vested interests. A comprehensive custody record containing all the details of arrestees
from the time of arrest should be kept in the station. Whenever a person is arrested, the
place, exact time of the arrest, by whom it was made, where the arrested person is being
kept, to whom he has been handed over, details of witnesses and other relevant
information should be entered in the diary.

206 Art 25 of CPCE

51
 In case of violations of rights of suspects, the individual police investigator or other law
enforcement officials found responsible for these violations must be subjected to
disciplinary proceedings and criminal proceedings as appropriate.

 The detainee should be promptly informed of the reasons for his arrest and detention to
enable him to effectively present his case seeking legal redress. The officers-in-charge of
police stations should be instructed that all detainees must be formally informed of their
rights and privileges. The arrestees should be made aware of their legal rights and
privileges by displaying in the lock-up a list of those rights and privileges written in the
regional language. Taking into consideration of the low literacy rate in many areas, it is
suggested that this list of rights should be read out to the arrested person in a language he
or she understands as a legal formality. He should also be informed of the disciplinary
requirements in police stations.

 Hence, the study reveals that most of criminal suspects in the study area did not know
human rights in general and rights of suspect in particular, awareness creation training is
crucial for the society to defend themselves against some of human rights violation
during pre trial proceedings.

 The government must take the responsibility of upgrading institutional (organizational)

structures by providing competent and sufficient man power as well as facilities in
detention centers, giving continuous training for police officers, allocate sufficient budget
to the institution and reasonable payment for the officers.

 Government must take courage in respecting and protecting human rights by open up the
space for different human rights advocator, civil society group, human rights activists to
play their role for protection of rights of suspected persons.

 The government and other stakeholders should have to undertake measures that enable a
police organization to be neutral from any political perceptions and free from the
influence of the executive.

52
 Bibliography

I.Books
Alice Edwards, The right to liberty and security of person and alternatives to detention of
refugees, asylum- seekers, stateless persons and other migirants (2011).

Andrew Clapham, Human rights; A Very Short Introduction, Oxford University Press
New York (2007).

Azizur Rahman Chowdhury et al, An Introduction to International Human Rights Law,

Leidem Boston (2010).
Bryan A.Garner, Blacks Law Dictionary 8th Edition (2004)

Creswell, J. W, Qualitative inquiry and reseaech design: Choosing among the Traditions,
1998.
De Rover, C., To Serve and to Protect: Human Rights and Humanitarian Law for Police
and Security Forces. Geneva: International Committee of the Red Cross, 1998.
Human Rights Standards and Practice for the Police; Expanded Pocket Book on Human
Rights for the Police, Professional Training Series No.5/Add.3 UN New York and
Geneva (2004).
International Rules and Standards for Policing, Internationa Committee of Red Cross,
ICRC (2015).
Nancy Flowers et al, The Human Rights Education Handbook; Effective Practice for
Learning, Action and Change, Human Rights Resource Center, University of
Minnesota, 2000.
Presumption of Innocence and Related Rights; Professional Perespective, European
Union Agency for Fundamental Rights, 2021.
Ralph Crawshaw, Police and Human Rights; A Manual for Teachers, Resource Persons
and Participants in Human Rights Pragrammes, Lieden Boston 2009.
Stuart C. Gilman, Ethics Codes and Codes of Conduct as Tools for Promoting an Ethical
and Professional Public Service; Comparative Successes and Lessons,
Washington DC 2005.
Susan Elliis, Webster’s New World Dictionary (2006)

53
 To Serve and To Protect Human Rights, International Committee of the Red Cross,
ICRC, Switherland Geneva 2014.

II.Journal and Articles

Andinet Adinew Tesfaye et al, Conditions of Human Rights in Ethiopia in the
Aftermath of Political Reform, North Western Journal of Human Rights, Vol 19
2021.

Awol Alemayehu Dana, Due Process Rights of Suspects During Pretrial and the Existing
Challenges Under the Legal Frameworks of Ethiopia, Developing Country
Studies,Vol8 No,12(2018).
https://www.iiste.org/journals/index.php/dcs/article/view/45638

Aswort A, Four Threats to the Presumption of Innocence, the International journal of

Evidence and Proof, Vol 10, issue 4, 2006
Brian F. Kingshott et al, Ethics in Policing, Journal of South African Society for Greek
Philosophy and the Humanities, Vol.5 (1) 2004.
Claire Macken, Preventive Detention and the Right of Personal Liberty and Security
under the ICCPR, available at
http://classic.austlii.edu.au/au/journals/AdelLawRw/2005/1.pdf
M. Cherif Bassioumi, ‘Human Rights in the context of Criminal Justice: Identifying
International Procedural Protection and Equivalent Protections in National
Constitutions, 3 Duke Journal of Comparative & International Law 235-298
(1993) Available at: https://scholarship.law.duke.edu/djcil/vol3/iss2/1

III.Thesis
Girma Kibret Hailu, Challenges of Community Policing Practice in Preserving Civil
Rights of Individual; The Case of Addis Ketema Sub City, Adiss Ababa
Iuniversity Center of Human Rights, Adiss Ababa 2018.
Roba Tsegaye, The Role of Federal Attorney General in Ensuring the Protection of
Pretrial Rights of Criminal Suspects in Ethiopia; The Law and Practice in Adiss

54
 Ababa, Adiss Ababa University College of Law and Governance Studies School
of Law, Adiss Ababa 2020.
Teferi Argaw Wodaj, The Implementation of The Suspects’ Rights Protection in Gullele
Sub City Police Investigation Departement; Particular Emphasis on the Rights to
‘Presumption of Innocence’, Addis Ababa University, 2018.

IV. National Laws

A Proclamation of the Constitution of the Federal Democratic Republic of Ethiopia
No.1/1995 (21 August 1995) Year 1, No. 1 Federal Negarit Gazeta (Addis
Ababa)
A Proclamation of the Criminal Code of the Federal Democratic Republic of Ethiopia
No.414/2004 (9th May 2005) Separate Volume of the Federal Negarit Gazeta
(Addis Ababa)
Criminal Procedure Code of Ethiopia, Negarit Gazetta, Proclamation No. 185/1961
Ethiopian Federal Police Commission Establishment Proclamation No. 720/2011
(28 Nov 2011) Year 18 No.2 Federal Negarit Gazeta Adiss Ababa.
Adiss Ababa Police Commission Establishment Council of Ministers Regulation
No.96/2003 (7 Nov 2003) Year 10, No.11 Federal Negarit Gazeta Adiss Ababa.

V. International Laws
The Universal Declaration of Human Right (UDHR) 1948.
African Charter on Human and Peoples’ Rights (adopted 27 June 1981, Entered into
force 21 October 1986) (1982) 21 ILM 58 (African Charter)
International Covenant on Civil and Political Rights (adopted 16 December 1966,
Entered into force 23 March 1976) 999 UNTS 171 (ICCPR)
United Nations Charter, adopted in 1945, San Francisco
European Convention on Human Rights and Fundamental Freedoms 1950.

VI. Internet Sources

Ethiopian Human Rights Commission Press Release; Addis Ababa: The Arrest and
Condition of Persons Detained in Connection with the State of Emergency
Requires Urgent Attention, https://ehrc.org/addis-ababa-the-arrest-and-
condition-of-persons-detained-in-connection-with-the-state-of-emergency-
requires-urgent-attention/ Nov 18, 2021.
Tesfaye Boru, Chapter Five Research Design and Methodology 5.1. Introduction
Citation: Lelissa TB (2018); Research Methodology; University of South Africa,
PHD Thesis, Researchgate (2018) https://www.researchgate.net/publication/329715052 Dec 2018.

55
James Bradely Thayer, the presumption of innocence in criminal cases 189 (1897),
https://www.jstor.org/stable/780722/

Training Manual on Human Rights and Arrest, Pre-Trial Detention and

Administrativedetention
https://www.asef.org/images/docs/9thhrseminarreport.pdf accessed 10 April
2020

Vishruti Chauhan, The Model Police Act 2006; A Roadmap to the Future (Jan. 2, 2021)
https://blog.ipleaders.in/model-police-act-2006-roadmap-future

Law Enforcement Code of Ethics for Police Officers, (March 29,2022),

https://www.lawteacher.net/free-law-essays/criminology/ethics-of-police-
officers.php?vref=1

https://www.un.org/en/about-us/universal-declaration-of-human-rights

56
Appendix 1: Interview Guidelines

1.1. English Version of the Questions and Interview

Interview Guidelines for Key Informant/in depth interview/፡-

I. Questions related with Criminal Suspects

1. What are the rights of suspected persons
2. Are you told immediately the reason of your arrest and any charge against you?
3. Are you arrested with warrant or without warrant? Where you informed of the reason for
your arrest? Did the police used force during arrest, if yes, why?
4. Was your home or any other belongings searched? Was there search warrant? Did the
search warrant specified for what purposed it is issued? Did the police conduct a search
in places where the search warrant did not authorize? Is there any property seized
belonging to you upon search? In what conditions are these property kept in the police
station?
5. Are you allowed to inform your family that you are detained and place of your detention?
What means is allowed to contact your family?
6. Are you allowed to communicate to your family and other visitor? How often in a week?
For how long?
7. During police interrogation, do the police respect your presumption of innocence? Do the
police respect your right to silence?
8. Did the investigators bring you before court within 48 hours?
9. Do police and other authorities in the police station treat you humanely respecting your
physical and psychological integrity?
10. Have you ever been sick in the police detention? What kind of help did you get?
11. How did you give confession? Did investigators force you to confess to the crime you
were suspected of?
12. Generally, do you believe, as a suspected person your rights are respected during your
stay at the police station? If not, what rights are violated?
13. Do you get the necessary service from the police station timely? Such as,
Accommodation, food, clean water, adequate ventilation, medical care, toiletry, room
cleaning, Entrance of natural light, etc

57
II. Questions Related with police officers/Investigators
1. For how long have you been a police department?
2. What are your roles as a police?
3. What are the duties and responsibilities of police?
4. What are the ethical conducts of a police officer?

5. How do you understand human rights in general and rights of criminally suspected
persons in particular? List some of the rights of suspected persons? What are your roles
as a police in the protection of human rights?
6. Does a human right training/education have been given to the police before and after the
recuirement as a police?
7. How you identify criminal from innocent?
8. How do police seize, search, arrest and conduct interrogate suspects?
9. For how long can you detain crime suspects without trial?

10. Are there instances where you detain suspects for more than the law requires? If your
answer is yes why?
11. How you treat criminal suspects during interrogation?
12. Do the investigative police officers apply human rights principles of detained persons in
the process of crime investigation?
13. Has there been any punishment (administrative or criminal) on a police officer for
violating human rights of a suspect? Who are violated the human rights of the suspect?
14. What are some of the challenges you face in arresting/invetigating suspects?

III. Questions related with Public Prosecutors and Judges

1. What are the police institution and its role in society?
2. What role has the police played to promote or otherwise human rights?
3. In what instances can a police violate the rights of suspected person?
4. What are the reasons for the breach of the rights of suspected person? And what are the
possible wayout for the problem?

1.2. Amharic version of the Interview Questions

I. Questions related with criminal suspects

የኢትዮጲያ ሲቪል ሰርቪስ ዩኒቨርሲቲ

በወንጀል የተጠረጠሩ ሰዎች የቀረበ ቃለ መጠይቅ

ፆታ ወ ሴ

ዕድሜ-------------------

58
1ኛ. በወንጀል የተጠረጠሩ ሰዎች ምን ምን መብቶች አሏቸው?

2ኛ. በወንጀል ተጠርጥረው በፖሊስ ቁጥጥር ስር እንደዋሉ የተያዙበትን ምክንያት እና ክስ በቁጥጥር

ስር ባዋሎት ፖሊስ ወዲያው ተነግሮታል?

3ኛ. በቁጥጥር ስር የዋሉት በፍርድ ቤት ማዘዣ ወይም ያለ ፍርድ ቤት ማዘዣ ነው?በቁጥጥር

ስር ስለዋሉበት ምክንያት የት አወቁ?ፖሊስ በሚታሰሩበት ወቅት ኃይልን ተጠቅሟል? ከሆነ፣
ለምን?

4ኛ. ቤትዎ ወይም ሌላ ማንኛውም ንብረትዎ ተፈትሾ ነበር? የፍርድ ቤት የብርበራ ማዘዣ
ወረቀት ነበር? የፍተሻው ማዘዣ ለተሰጠው ዓላማ የተገለፀው ለምን ነበር?ያልታዘዙ ቦታዎች
ፖሊስ ፈተሾ ነበር? በፍለጋ ላይ የእርስዎ ይዞታ የተያዘ ንብረት አለ ወይ? እነዚህ ንብረቶች
በፖሊስ ጣቢያ ውስጥ እንዴት ይቀመጣሉ?

5ኛ. እርስዎ በህግ ቁጥጥር ስር መዋልዎትንና ያሉበትን ፖሊስ ጣቢያ ለቤተስብ እንዲያሳውቁ
ተፈቅዶሎታል? ቤተሰብዎን ለማነጋገር ምን አይነት ዘዴ ተፈቅደሎት?

6ኛ. ከቤተሰብዎ እና ከሌሎች ጎብኚዎች ጋር ለመነጋገር ተፈቅዶሎታል ? በሳምንት ውስጥ

በየስንት ጊዜው?

7ኛ. በፖሊስ ምርመራ ወቅት, ፖሊሶች በፍርድ ቤት እስካልተፈረደቦት ጊዜ ድረስ የንጹህ

የመሆን/የመገመት መብትዎንና ቃልዎትን በሚቀበሉበት ጊዜ ያለመናገር መብትዎ ተከብሮሎታል?

8ኛ. መርማሪዎቹ በ48 ሰዓታት ውስጥ ወደ ፍርድ ቤት ወስደዎታል?

9ኛ. በፖሊስ ጣቢያው ውስጥ ያሉ ፖሊስ እና ሌሎች የህግ አስፈፃሚ አካላት የአካላዊ እና ስነ-
ልቦናዊ እንዲሁም በሰብአዊነት መደረግ ያለበትን እንክብካቤ አድርገውሎታል?

10ኛ. በፖሊስ ማቆያ ውስጥ የጤና ችግር አጋጥመዎት ነበር? ምን አይነት እገዛ አገኙ?

11ኛ. የተከሳሽነት/የተጠርጣሪነት ቃል እንዴት ሰጡ? መርማሪዬች የተጠረጠሩበትን ወንጀል

እንዲያምኑ አስገድደዎታል?

12ኛ. በአጠቃላይ በፖሊስ ጣቢያው ቆይታዎ ሰብአዊ መብቴ ተጠብቋል ብለው ያምናሉ? ካልሆነስ
ምን መብቶችሆ ተጣሱ?

13ኛ. ከፖሊስ ጣቢያ አስፈላጊውን አገልግሎት በወቅቱ አግኝተዋል?ለምሳሌ፡- ምግብ, ንጹህ ውሃ,
በቂ የአየር ዝውውር, የሕክምና እንክብካቤ, የሽንት ቤት, የጽዳት ማጽዳት, የተፈጥሮ ብርሃን
መግባትን,ወዘተ.አገልግሎት ያብራሩ፡፡

59
II. Questions related with Prosecutors and Judges

1ኛ. የፖሊስ ተቋም በማህበረሰቡ ውስጥ ምን ምን ሚናዎች ይኖሩታል ብለው ያስባሉ?

2ኛ. የሰብዓዊ መብቶችን (በወንጀል የተጠረጠሩ ሰዎች መብት) ማክበር እና ማስከበር ላይ

ፖሊስ ሚና አለው ብለው ያስባሉ? መልሶ አዎ ከሆነ ሚናዎቹን ይግለፁ?

3ኛ. ፖሊስ በወንጀል የተጠረጠሩ ሰዎችን መብት ይጥሳል የሚል ግምት ወይም እምነት
አሎት? መልሶ አዎ ከሆነ በምን አይነት ሁኔታ እና የትኞቹን መብቶች ሊጥስ ይችላል ይላሉ?

4ኛ. በወንጀል የተጠረጠሩ ሰዎች መብትን በተመለከተ መብቶቹ በፖሊስ እንዲጣሱ የሚያደረጉ
ምክንያቶች ምን ምን ናቸው ብለው ያባሉ? መፍትሄ ይሆናል የሚሉትን ይጥቀሱ?

III. Questions related with Police Officers/Investigators

1ኛ. በፖሊስ ስራ ውስጥ ለምን ያህል ጊዜ ሰሩ?

2ኛ. እንደ ፖሊስ አባል የእርሶ ሚና ምንድነው?

3ኛ. የፖሊስ ግዴታዎችና ሀላፊነቶች ምን ምንድናቸው?

4ኛ. የፖሊስ የስነ ምግባር ጌዴታዎች ምን ምንድናቸው?

5ኛ. ሀ/ የሰብዓዊ መብቶች በጠቅላላውና በወንጀል የተጠረጠሩ ሰዎች መብት በተመለከተ

የእረሶን ግንዛቤ ይግለፁ፡-

ለ/ በወንጀል የተጠረጠሩ ሰዎች መብቶች የሚያውቁትን ይግለፁ፡-

ሐ/ እንደ ፖሊስ አባል የሰብዓዊ መብቶችን ማክበር እና ማስከበር ላይ የእርሶ ሚና ምንድነው?

6ኛ. ፖሊስ ሆነው ከመቀጠሮ በፊት በስልጠና ላይ እንዲሁም ስልጠናውን አጠናቀው ወደ ስራ

ከተሰማሩ በኃላ ሰብዓዊ በመብትን የተመለከቱ ስልጠናዎች/ትምህርት ይሰጣል? መልሶ አዎ
ከሆን የስልጠናውን/የትምህርቱን ይዘት በአጭሩ ይግለፁ፡

7ኛ. በስራ ላይ እያሉ ወንጀለኛ እና ንፁህ የሆኑትን እንዴት ነው የሚለዩት?

8ኛ. ፖሊስ በምን መልኩ ነው የብርበራ፣ የማሰር እና የምርመራ ስራውን የሚያከናውነው?

ህግን ተከትሎ የብርበራ/የእስር ትዕዛዝ በማውጣት ነው ስራውን የሚፈፅመው? መልሶ አዎ
ከሆነ ሂደቱን በአጭሩ ይግለፁ፡-

9ኛ. በወንጀል ተጠርጥሮ የተያዘን ሰው ፍርድ ቤት ከመቅረቡ በፊት ለምን ያህል ጊዜ በእስር
ያቆዩታል?

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10ኛ. በስራ ላይ እያሉ በወንጀል ተጠርጥሮ የተያዘን ሰው በህግ ከተደነገገው የ48 ሰዓት ጊዜ
በላይ ፍ/ቤት ሳይቀርቡ ያቆዩበት አጋጣሚ አለ? መልሶ አዎ ከሆነ ለምን?

11ኛ. በምርመራ ወቅት በወንጀል ተጠርጥሮ የተያዙ ግለሰቦችን በምን አይነት መልኩ ነው
የሚያስተናግዷቸው?

12ኛ. በወንጀል ምርመራ ወቅት የተጠርጣሪ ሰዎችን መብት የተመለከቱ መርዕሆችን ተግባራዊ
ያደርጋሉ? መልሶ አዎ ከሆነ የትኞቹን መብቶች አክብረው እንደሚሰሩ ይግለፁ፡-

13ኛ. በእናንተ ተቋም የወንጀል ተጠርጣሪዎችን መብት በመጣሱ አስተዳደራዊም ሆነ በወንጀል

ተጠይቆ የሚያውቅ ፖሊስ አለ? መልሶ አዎ ከሆነ የተጣሰው መብት ምን እንደነበረ እና
ቅጣቱን ይግለፁ

14ኛ. ፖሊስ በወንጀል የተጠረጠሩ ሰዎችን በሚይዝበት/በእስር እና በምርመራ ወቅት

የሚያጋጥሙት ችግሮች አሉ? ካሉ ምን ምንድናቸው?

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