GENERAL TADESE BIRU CAMPUS

SCHOOL OF LAW
DEPARTMENT OF LAW
COURSE TITEL;-LEGAL RESEARCH METHODOLOGY
SECOND YEAR LEGAL RESEARCH PROPOSAL

Name ID
Yordanos TAHIR 2459

Submission date- 9/08/2017 Eth.c

Submitted to - Mrs Lemlem

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 Table of contents
Content page

Chapter 1 Introduction………………………………………………………….…………..2
1.1 Back ground of study……………………………………………………..……………………………….2
1.2 Statement of problem…………………………………………………..………………………………..3
1.3 Objective of study…………………………………………………………………………………………..4
1.3.1 General objective…………………………………………………………………………………………4
1.3.2 Specific objective………………………………………………………….………………………………4
1.4 Question of study …………………………………………………………………………………………..4
1.5 Significance of study……………………………………………………………………………………….5
1.6 Scope and limitation……………………………………………………………………………………….5
1.6.1 Scope of study………………………………………………………………….………………………….5
1.6.2 Limitation of study…………………………………………………………...…………………………5
1.7 Methodology of the study………………………………………………………………………………6
1.8 Organization of study……………………………………………………………………………………..8
Chapter 2 Literature reviewe……………………………………………………………………………….8
2.1 Introduction……………………………………………………………………………………………………8
2.2 Theoretical framework…………………………………………………………………………………..9
2.2.1 The rule of law theory…………………………………………………………………………………9
2.2.2 Human right theory…………………………………………………………………………………….9
2.3 Scholars work ……………………………………………………………………………………………….9
2.4 Conclusion……………………………………………………………………………………………………10

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 Chapter one
Introduction
1.1 Background of the study
The protection of human rights is fundamental principle enshrined in international,
regional, and national legal frameworks. Accused persons despite being suspected of
committing crimes retain essential human rights that must be respected and
safeguarded through out the criminal justice process1.
These rights include the rights to fair trial, the rights to legal representation, the
presumption of innocence, protection from torture and inhuman treatment and
access to due process.
Etghiopia as a signatory to various international human rights instruments ,has
incorporated these principles into its legal system including the federal constitution
and the criminal procedure code.2 However ,the practical enforcement of these
rights remains a significant challenge particularly at the grassroots level where law
enforcement agencies play a critical role in upholding or violating these protections.3
The issue of human rights protection for accused persons is even more pressing in
the current Ethiopian context where the government is engaged in conflicts with
extremist groups. In North Shewa zone ,ongoing clashes between government forces
and armed groups have led to increased arrests and detentions.the heightened
security measures in response to these conflicts have resulted in allegations of
arbitrary arrests,excessive use of force and violations of the rights of accused
persons. Law enforcement agencies in the region face immense pressure to maintain
security often at the expense of due process and human rights protections .
In the north shewa zone specifically within the Girar Jarso woreda police
station ,concerns have been raised regarding the treatment of accused persons and
the extent to which their human rights are respected. Reports of procedural
irregularities,lack of legal assistance, extended pretrial detentions and instances of
coercion highlight the need for a critical assessment of both legal framework and its
practical implementation .
This study aims to evaluate the legal protections afforded to accused persons under
Ethiopia law and compare them with the realities on the ground in Girar Jarso
woreda police station. By identifying gaps between law and practice , the research
will contribute to recommendations for improving human rights protections within
the criminal justice system.
The finding of this study will be significant for legal practitioner,policy makers,law
enforcement officials and human rights advocates in strengthening the rule of law
and ensuring justice for all individuals irrespective of their status as accused persons.

Furthermore, it will provide insights into how human rights can be upheld even
in the face of security challenges and counter-extremism measures particularly
within the North Shewa zone.

1
United nations universal declaration of human right.1948,article 11
2
FDRE constitution,proclamation No.1/1995,article 19
3
Mizan law review ,vol.5,No.1(2011),pp.6-30

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1.2 Statement of the problem
Despite the legal frameworks in place to protect the rights of accused persons in
Ethiopia ,there is a growing concern regarding the gap between the law and its
actual implementation particularly in conflict affected areas such as North Shewa
zone .accused persons frequently face human rights violations including arbitrary
arrests,prolonged detention without trial,lack of access to legal representation and
mistreatment while in custody .these issues are exacerbated by the ongoing conflict
between government forces and extremist groups where security measures
sometime overshadow due process and human rights consideration.
The ongoing conflict in North Shewa zone has further complicated the protection of
accused persons rights.the government’s efforts to combat extremists insurgencies
have resulted increased military and police operations leading to mass arrests of
individuals suspected of being affiliated with armed groups. While maintaining
security is crucial, reports indicate that some detainees are held without clear
evidence,subjected to forced confession, and denied access to legal counsel. This
situation has created an environment where human rights violations are more likely
to occur especially for those accused of crimes related to the conflict.
Key issues for the severity of the problem
1 Arbitrary arrest and mass detentions ;-reports indicate that individuals in
North Shewa are frequently arrested without clear evidence or formal charges
violating the constitutional protection against arbitrary detention.
2 prolonged pretrial detention ;-many detainees remain in custody for
extended periods without trial due to judicial delays,backlog of cases of cases and
restricted access to legal services.
3 military involvement in law enforcement ;-in conflict affected areas
military forces often conduct law enforcement activities leading to the use of special
courts or military tribunals that lack transparency and independence.
4 torture and inhuman treatment ;- accused persons are reportedly subjected
to torture ,beating and forced confessions in police custody ,violating both domestic
and international laws such as the united nations convention against torture
(UNCAT).
5 ethnic and political profile ;- law enforcement practice in North Shewa have
been criticized for targeting individuals based on ethnic identity or political affiliation
undermining the principle of equality before the law.
6 suppression of human rights monitoring ;-independent human rights
organizations,Journalists and legal advocates face threats ,restrictions and
censorship when documenting abuses against accused persons .
These issues demonstrate that the gap between legal
protections and actual practice remain a major concerning Ethiopia’s criminal justice
system particularly in conflict zones .

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In Girar Jarso woreda police station the effect of the conflict are particularly
evident.law enforcement agencies operate under heightened pressure and often
prioritizing security concerns over legal safeguards for detainees.
1.3 Objective of the study
1.3.1General objective
The general objective of this study is to assess the protection of human rights of
accused persons under Ethiopian law and its practical implementation in North
Shewa zone Girar Jarso woreda police station.

1.3.2specific objectives
This study aims to
1, examine the legal frameworks governing the protection of accused persons rights
under Ethiopan law and international human rights treaties.
2, evaluate the extent to which these legal protections are implemented in practice
at Girar Jarso woreda police station and identify key challenges.
3, analyze major human rights violations affecting accused persons including
arbitrary arrests, prolonged detention,unfair trials and denial of legal representation .
4, investigate the role of law enforcement agencies, the judiciary and human rights
institutions in upholding or violating the rights of accused persons .
5, assess the challenges accused persons face in accessing legal representation and
securing their right to a fair trial .
6, identify legal and institutional gaps that hinder the enforcement of accused
persons’ rights in Ethiopia’s justice system .
7, provide recommendations for legal and policy reforms to strengthen the
protection of accused persons and improve due process in Ethiopia .
1.4 Research quetions
Main research question
To what extent are the human rights of accused persons protected under Ethiopian
law and in Girar Jarso woreda police station ,and what legal and institutional
challenges affect their enforcement ?
This study aims to answer the following key research questions
1, what are the legal frameworks governing the protection of accused persons’ rights
under Ethiopian law and international human rights instruments ?
2, To what extent are these legal protections implemented in practice at Girar Jarso
woreda police station ?
3, What are the major human rights violations affecting accused persons in
detention centers and police stations including issues of arbitrary arrests,prolonged
detention and fair trial rights ?
4, how do law enforcement agencies the judiciary and human rights institutions
uphold the rights of accused persons?
5, what challenges do accused persons face in accession of legal representation and
securing fair trials in Ethiopia ?
6, what institutional, legal , and policy gaps exist in the protection of accused
persons? And how can they be addressed?

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7, what legal and policy reforms can be recommended to strengthen the protection
of accused persons’ rights in Ethiopia?

1.5 Significance of the study

This study , focused on North Shewa zone ,Girar Jarso woreda police station is
significant for several reasons particularly in evaluating how the will rights of accused
persons are protected under Ethiopian law and in practice .

- local relevance and real world impact

By concentrating on Girar Jarso woreda police station the research provide a
concrete and localized understanding of how human rights standards are upheld or
violate at the grassroots level. This helps to reveal the real-life experience of accused
persons in a specific part of Ethiopia, that is often overlooked in national legal
discourse.
- Bridging the gap between law and practice
While Ethiopia’s constitution and international human rights instruments guarantee
the right of the accused ,this study will assess whether these rights are respected in
actual police procedures and detention practice in Girar Jarso woreda police station .
this helps to highlight discrepancies between legal theory and practical enforcement .
- contribution to legal and academic discourse
The study will add to existing academic literature by examining human rights
protections within the criminal justice system in a rural or regional context which is
under-researched. It also offers valuable insights for students, scholars, and
practitioners of law and human rights.
- policy implications and reform
The findings of the study can inform policy makers, legal professionals ,and human
rights institutions about the challenges and barriers faced by accused persons in
accessing justice. This will help in crafting targeted legal and institutional reforms to
improve conditions in local police stations and detentions centers.
- timeliness and contextual importance
The significant of this study is heightened by the current socio-political context in
Ethiopia particularly in regions like North Shewa zone where law enforcement
institutions operate under increasing pressure due to instability and social
unrest.although this research is not centered on the conflict itself ,but the effects of
regional instability such as weakened institutional oversight, increased security
operations and limited access to justice cannot be ignored. By exploring how
accused persons are treated during such time ,the study will provide a balance and
realistic assessment of whether human rights standards are being upheld when the
justice to capture both the routine and extraordinary factors that influence the
protection of rights in a dynamic environment.

1.6 Scope and limitation

1.6.1 Scope of the study

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This study investigates the legal and practical protection of the human rights of
accused persons in North Shewa zone, Girar Jarso woreda police station focusing on
both normal law enforcement practice and those occurring during periods of conflict
or instability .
This study covers ;-
Legal frameworks -evaluation of the FDRE constitution ,criminal procedure
code ,human rights proclamations and international instruments such as the ICCPR
and UDHR .
Law enforcement practices -Stakeholders involved - how these legal
standards are implemented in real cases involving arrests,detention, investigation
and trial process especially in police station procedures. law enforcement officers,
public defenders prosecutors, judges , detainees and human right institutions .
Time frame - focus on the most recent five years (2020-2025) including periods of
heightened political tension for a more accurate and timely analysis .

1.6.2 limitation of the study

- geographical limitation ;-the research is limited to Girar Jarso woreda police

station in North shewa zone, so findings may not reflect conditions in other woredas
or regions.
- security and accessibility ;- ongoing or past conflict in parts of North Shewa
zone may restrict safe and open access to detention centers, key officials or affected
individuals specially during field work.
- sensitive nature of the topic ;- topics like human rights violations and police
misconduct may lead to respondent fear,reluctant, oy bias especially in politically
unstable areas or conflict affected zone.
- Data availability ;- official records, case files or detainee information may be
incomplete, restricted, or unavailable due to institutional secrecy or weak
documentation practice particularly during times of conflict .
- resource and time constraints ;- as a student-led project there may be
limitations in time, funding and logistical capacity affecting the scope and depth of
interviews,case reviews and field visits.
-lack of previous local research ;- there is a scarcity of prior academic studies
focused specifically on accused persons’ rights in Girar Jarso woreda police station
which may limit the availability of comparative literature or historical data.

1.7 Methodology of the study

This research adopts a mixed methods approach combining both qualitative and
quantitative research method to assess the protection of the human rights of
accused persons in North Shewa zone ,Girar Jarso woreda police station. The goal is
to gain both deep, descriptive insights and supporting statistical evidence .

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Qualitative ;-to explore the gap between the law and the practical regarding the
the protection of human rights of accused person in North Shewa zone ,Girar Jarso
woreda police station combines both doctrinal (legal) and empirical approaches .
Doctrinal approaches -an in depth analysis of the relevant legal and policy
frameworks including the FDRE constitution,criminal procedure code, international
human rights treaties such as the ( ICCPR, UDHR ,CAT) and case study (relevant court
decision ). it will help assess the legal guarantees in theory.
Empirical approach -focuses on gathering first hand data through - semi
structured interviews
- observations
Key participants will include
- police officers and investigator
- accused persons or former detainees.
- public prosecutors
-legal aid providers of defense attorneys
- human rights officials working in the justice sector.

-The study apply purposive sampling to select individuals who are directly involved in
or affected by the criminal justice process. The researcher will visit the Girar Jarso
woreda police station to conduct observations and interview relevant stakeholders,
if access is granted .

The quantitative component will involve the collection of numerical data and
statistical records from police reports,court files , and detention center records .

This may include ;- number of arrests and detentions over period a certain
- Duration of pretrial detentions
- frequency of access to legal counsel
- number of reported complaints of rights violation
Data will be analyzed through ;-
Content analysis - for qualitative data
Simple statistical methods - for quantitative data

Ethical consideration - this study involves sensitive legal and human rights issues
particularly concerning the treatment of accused person in detention.
To ensure that the research is conducted responsibly the following ethical principle
will be strictly adhered to
Informed consent - all participants including accused persons, police officers,
prosecutors, and legal aid providers will be fully informed about the purpose of the
study before participating .
Confidentiality and anonymity - given the sensitive nature of the research strict
confidentiality will be maintained to protect the identity of participants .
Moreover this the study will responsibly conduct the following ethical principles
Avoiding harm and ensuring safety

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 Voluntary participation
Respect for legal and cultural sensitivities

1.8 Organization of the study

This research is structured into five chapters, each addressing key aspects of the
study on the protection of human rights of accused persons in North Shewa zone,
Girar Jarso woreda police station. The organization of the study is as follows
Chapter one ; introduction - this chapter provides an over view of the study
including the background of the research, the statement of the problem, research
objectives research questions,and the significance of the study.it also outlines the
scope and limitations and briefly discusses the methodology used.
Chapter two ; literature review - this chapter examines existing legal
frameworks,scholarly works,and international human rights instruments related to
the rights of accused persons.it reviews national laws (such as the FDRE constitution
and criminal procedure code), international conventions and previous academic
research on human rights protection in law enforcement.
Chapter three ; research methodology - this chapter explains the research
design,approach,and data collection methods used in the study. It details the
qualitative and quantitative methods applied, the sampling techniques,and data
analysis procedures. Ethical considerations and challenges faced during the research
process are also discussed.
Chapter four ; data presentation,analysis and discussion - this chapter
presents the presents the findings of the study based on data collected through
interviews,observation,and
document reviews. The findings are analyzed in relation to legal standards, human
rights principles and previous studies. Key issues such as due process
violations,police practices and legal gaps are critically examined.
Chapter five ; conclusion and recommendation - this final chapter
summarizes the major findings of the study,draw conclusions, and provides practical
recommendations for improving the protection of accused persons’ rights inGrar
Jarso woreda police station. Recommendations may be directed at law enforcement
agencies,legal institutions,policy makers,and human rights organizations .

Chapter two
Review literature

2.1 Introduction
The protection of human rights for accused persons has been widely studied with
the fields of criminal justice human rights law and in international legal frameworks.
This chapter reviews existing literature related to the legal rights of accused persons,
the implementation of these rights in Ethiopia and the impact of conflict situations
on human rights protections .

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 Furthermore this literature review aims to analyze existing legal frame works and
scholarly works related to the protection of accused persons’ rights in Ethiopia.
Ultimately , this literature review will provide the necessary theoretical and legal
foundation for understanding the research problem and justifying the need for
further study.

2.2 theoretical framework

The theoretical framework serves as the foundation for understanding the
protection of human rights for accused person within the legal and judicial system. It
provides a basis for analyzing how legal principles human rights doctrines and
criminal justice theories apply to the treatment of accused individuals particularly in
conflict affected areas like North Shewa, Girar Jarso woreda .

2.2.1 The rule of law theory

The rule of law is a fundamental principle in legal studies that ensures laws are
applied equally,fairly and consistently to all individuals including accused persons.
This theory emphasized that ;- no one is above the law including law enforcement
officers and state officials , - accused persons have the right to a fair trial,legal
representation and due process , - arbitrary detention ,torture and forced
confessions violate legal norms4 and must be prevented .

2.2.2 Human rights theory

The human rights theory asserts that all individuals including those accused of
crimes,possess inherent rights that must be protected by law5. The followings are
key international instruments that uphold this theory ;-
-universal declaration of human rights(UDHR-1948) art 11 states that every
accused person has the right to be presumed innocent until proven guilty.
- international covenant on civil and political rights( ICCPR-1966) protects the
rights of accused persons against arbitrary arrest,torture and unfair trials.
- African charter on human and peoples’ rights(ACHPR-1981) emphasizes legal
protections for detained individuals in Africa.

Despite these legal frame works reports from organizations indicate that
violations such as torture arbitrary detention and prolonged pretrial detention are
common in Ethiopa particularly in conflict affected areas .

2.3 Scholar works

<Accused persons’ Speedy trial rights in Ethiopia’s criminal

proceedings> (Etifanos Balew Liyaw)

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Brian Z.Tamanaha,on rule of law(cambridge university press,2004), pp 33-60
5
United nation universal declaration of human right,1948; -ICCPR,1966,article 9 and 14

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 This article explores one of the most critical components of human rights in
criminal law the right to speedy trial. His study examines both legal provisions and
practical gaps in how this right is implemented in the Ethiopian context. The author
emphasized that the right to be tried within a reasonable time is recognized under
article 20/1 of the FDRE constitution and also under international human rights
instruments such as article 14/3/c of ICCPR and article 7/1/d of the African charter
on human and peoples ’rights6 .Estifanos point out that while Ethiopia’s legal
framework acknowledges the right to a speedy trial but systematic issues such as
limited judicial capacity delays in investigations and bureaucratic inefficiencies lead
to frequent violations.

< Human rights under the Ethiopian constitution>( by Adem Kassie

Abebe )

In ‘human rights under the Ethiopian constitution’Adem Kassie Abebe offers a

comprehensive analysis of the FDRE constitution particularly chapter three, which
enshrines fundamental human and democratic rights. His work is essential for
understanding the legal foundations of rights protections within Ethiopia’s criminal
justice system.Adem emphasizes that the FDRE constitution especially articles 14-
28 clearly guarantees basic rights such as the right to life,liberty,security of
person,fair trial,and protection against arbitrary arrest or detention. These are
central to the rights of accused persons and reflect Ethiopia’s commitment to
international human rights norms.7

Conclusion
While these existing works offer valuable theoretical and legal insights, there
remains a noticeable gap in localized empirical research that explores how these
rights are implemented in day-to-day policing and judicial practice especially at the
woreda level. But my proposed research addresses this gap by focusing on Girar
Jarso woreda police station in North Shewa zone, a region currently facing the
compounded challenges of legal system limitations and ongoing conflict.
Thus ,this literature review provides a strong foundation for the proposed study
demonstrating that while the rights of accused persons are legally recognized there
is an urgent need to assess their actual protection on the ground my research will
contribute meaningful, context-specific evidence to both the academic field and
practical policy reform efforts.

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Ethiopian journal of human rights vol.5,No.1 (2017),pp. 50-70
Mizan law review vol.5, NO.1(2011),pp.6-30
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