Electronic Litigation (e-litigation) in the Federal Supreme Court of Ethiopia and Access to Justice

Seife, Eyuel (2017) Electronic Litigation (e-litigation) in the Federal Supreme Court of Ethiopia and Access to Justice. Masters thesis, Addis Ababa University.

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Abstract

This paper discusses on the e-litigation system in the Federal Supreme Court of Ethiopia and access to justice. As a basic right and as a means to secure other human rights, the concept of justice has been one of the most discussed issues in the human rights discourse. There are many barriers to access to justice. To deal with such hurdles, especially the physical and financial barriers, technologies are introduced in the Ethiopian justice system. In particular, the Federal Supreme Court has taken the initiative to support its judicial services with technologies. The main purpose of the research is to find out how the e-litigation system is affecting effective access to justice. Whether the system is based on human rights-based approach or not, is also discussed in the research. The paper is structured in five chapters. The notion ‘access to justice’ and human rights based approach are discussed. Effective access to justice includes equally accessible justice system with just results and in conformity with human rights standards. Normative framework, legal awareness, access to legal services and effective enforcement of decisions are manifestations of effective access to justice. The adjudication system must conform to human rights standards and due process of law. The e-litigation system, especially videoconferencing litigations and e-filing services of FSC, which are under the scope of the research, are also raised in detail. The findings revealed the benefits and the challenges of the system. Creating physical proximity to judicial services and minimizing cost and time of litigants and government are the main benefits of the system. But Technical challenges have made court litigations difficult and litigants’ right to have a fair trial is compromised. The principles of due process of law are also breached due to lack of audio and video quality, repetitive interruptions of proceedings and adjournments. It has been also found out that the program is not formulated in a human-rights based approach. Justice delay, the imbalance between opposition parties, the limitation on free and well conducted proceedings, compromising open trial and the absence of laws and regulations are the challenges of the system. In conclusion, technology is not the final solution for the problems in the justice sector. The gaps of the e-litigation system must be filled by actors of the justice sector. In addition the already existing problems in the justice sector have aggravated the challenges of the system. So, the researcher recommended that the program must be reformulated in a human rights-based approach and the network capacity of the Court must be upgraded. Laws and regulations must be drafted to guide the system. The system has enduring benefits; but its challenges on effective access to justice must be tackled if it needs to serve its purpose of bringing effective and efficient justice.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Kabiru Wallace Ndung'u
Date Deposited:	04 Jul 2019 09:07
Last Modified:	04 Jul 2019 09:07
URI:	http://thesisbank.jhia.ac.ke/id/eprint/9362

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