Firissa, Teferi (2014) Compensatory Remedies for Breach of the Right to Physical Liberty in Ethiopia: An Appraisal of the Legal and Institutional Framework. Masters thesis, Addis Ababa University.
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Abstract
The FDRE Constitution and the Constitutions of National Regional States in Ethiopia guarantee the fundamental rights and freedoms of individuals including the right to physical liberty. Besides, Ethiopia has so far ratified a number of international human rights treaties that enshrine a similar guarantee. These primary constitutional or treaty-based rights mostly serve as a check on the government in the exercise of power. In so doing, they foster protection against violations by the state agents. But human beings and the institutions run by them are not errorproof. As a result, it is inevitable for breach of the right to physical liberty, particularly of arbitrary arrest or detention, and wrongful conviction to occur in connection with the criminal justice system. This makes it necessary to have an avenue for a legal remedy by suit or action at law whenever that right is infringed. It is equally necessary have strong institutions capable of awarding remedy (compensation) when demanded by victims. However, the situation in the current Ethiopian legal system does not offer much prospect. This study thus assesses the existing right-remedy gap in the domestic law of Ethiopia as well as the domestic application of the relevant provisions of the ICCPR with respect to particular breaches of the right to liberty, i.e., arbitrary arrest or detention, and wrongful conviction. Accordingly, the study demonstrates that the absence and/or inadequacy of remedies provision in the domestic laws of Ethiopia, the jurisdictional dilemma between the regular courts and the HoF coupled with the requirement of publication in the Negarit Gazeta of ratified human rights treaties overshadow the prospect of success in pursuing a compensatory remedy for breach of the right to physical liberty by the victim, and thus leaves a lot to be desired.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | Remedy, compensation, physical liberty, arbitrary, detention, arrest, wrongful conviction, human rights, constitution. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 26 Jun 2018 10:27 |
| Last Modified: | 26 Jun 2018 10:27 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4529 |
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