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The forthcoming transitional justice policy proposes a dual approach to prosecute international crimes, such as crimes against humanity, torture, enforced disappearances, war crimes, and genocide. It advocates for a special court and prosecutor to focus on the most responsible individuals. The regular prosecutorial system will target lesser offenders unwilling to cooperate with the envisioned truth-finding commission.
Another key challenge is the ‘arrest-first, investigate-later’ practice, which undermines the presumption of innocence and the right to prompt notification of charges. Post-1991, this methodology resulted in the detention of overpeople allegedly affiliated with the Dergue regime, some of whom were released later due to lack of evidence. This practice still prevails despite the criminal justice policy’s call for intelligence-led investigations.
These challenges impeding fair trials in Ethiopia’s criminal justice system are well documented. They were highlighted in a 2009 study by the Justice and Legal System Research Institute, serving as primary reference for the ongoing promulgation of a new Insiders familiar with the drafting process attribute the delay in parliamentary approval of the draft code of criminal procedure and evidence not to legal disputes but to political considerations. Two contentious issues stand out. One is delineating roles and relationships between the police and the prosecution department during criminal investigations.
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