covered by the state. They also have the right to appeal and have the right to request for the
assistance of an interpreter at state expense where the court proceedings are conducted in a language
they do not understand. These persons shall also have the opportunity to communicate with, and be
visited by, their spouses and partners, close relatives, friends, religious councilors, medical doctors
and their legal counsel.
The right to fair trial is one of the pillars of rule of law as enshrined in the Constitution, fairness
relates to expeditious process, the right of the accused to be tried within a reasonable time. Article
19 of the FDRE Constitution provides that persons held in custody and convicted 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. They have the right to remain silent and the right to be informed properly
in a language they understand, that any statement they make may be used as evidence against them
in court. They also have the constitutionally guaranteed right to be brought before a court within 48
hours of their arrest and the right to petition the court to order their physical release when they fail
to appear before the court within the prescribed time. They cannot be compelled to make
confession or admissions which could be used against them. It is also provided that they have the
right to be released on bail and only in exceptional circumstances as prescribed by law, unless the
court deny bail or demand adequate guarantee for the conditional release of the arrested person.
Policy Measures
The government adopted the Democratic System Building Policy /2002/ and the Criminal Justice
Policy /2011/ as the key measures that seek to promote the right of citizens to fair trial.
Legislative Measures
The legislative measures taken to promote citizens‟ rights to a fair trial are contained in: the
Proclamation to Provide for the Definition of Powers and Duties of the Executive Organs of the
FDRE No. 691/2010, Criminal code of the FDRE (2004), Criminal Procedure Code (1961), Federal
Prisons Commission Establishment Proclamation No. 365/2003, Amended Federal Judicial
Administration Council Establishment Proclamation (Proclamation No. 684/2010), Federal Courts
Advocates Licensing and Registration Proclamation ( Proclamation No. 199/2000), Ethiopian
Federal Police Commission Establishment Proclamation (Proclamation No. 720/2011), Registration
of Vital Events and National Identity Card Proclamation (Proclamation No. 760/2012), Draft
criminal procedure law and Various Relevant laws enacted by Regional Councils.
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