Ethiopia: Whether authorities issue any documents to people charged with a criminal offence, as well as those released on bail; whether authorities seize the passport of a person with outstanding criminal charges (January-November 2013)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 22 November 2013 |
| Citation / Document Symbol | ETH104674.E |
| Related Document(s) | Éthiopie : information indiquant si les autorités délivrent des documents aux personnes accusées d'un crime, ainsi qu'aux personnes libérées sous caution; information indiquant si les autorités saisissent le passeport d'une personne visée par des accusations criminelles en instance (janvier-novembre 2013) |
| Cite as | Canada: Immigration and Refugee Board of Canada, Ethiopia: Whether authorities issue any documents to people charged with a criminal offence, as well as those released on bail; whether authorities seize the passport of a person with outstanding criminal charges (January-November 2013), 22 November 2013, ETH104674.E, available at: https://www.refworld.org/docid/54bf5f044.html [accessed 21 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1. Documents Issued for Criminal Charges
Article 20 of the Constitution of the Federal Democratic Republic of Ethiopia, adopted in 1994, states that "[a]ccused persons have the right to be informed with sufficient particulars of the charge brought against them and to be given the charge in writing" (Ethiopia 1994). According to Article 109 of the Criminal Procedure Code of Ethiopia Proclamation No. 185 of 1961, "[a] copy of every charge shall be given to the accused free of cost" (Ethiopia 1961).
Three lawyers in Addis Ababa who provided information to the Research Directorate all also indicated that a charge document is issued to a person who is charged with a criminal offence in Ethiopia (Criminal and Commercial Lawyer 20 Nov. 2013; Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013; Criminal and Commercial Lawyer 15 Nov. 2013). In a telephone interview with the Research Directorate, a lawyer in Addis Ababa who specializes in criminal and commercial cases indicated that a charge document is given to people who have received "official" charges, which means that charges have been presented in a court (Criminal and Commercial Lawyer 20 Nov. 2013). Also in a telephone interview with the Research Directorate, a lawyer in Addis Ababa who specializes in corporate law, privatization, and property matters indicated that the equivalent of a charge document in English is an "indictment," although this terminology is not used in Ethiopia (Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Article 111 of the Criminal Procedure Code of Ethiopia states that
[e]very charge shall be dated and signed and shall contain:
the name of the accused; and
the offence with which the accused is charged and its legal and material ingredients; and
the time and place of the offence and, where appropriate, the person against whom or the property in respect of which the offence was committed; and
the law and article of the law against which the offence is said to have been committed. (Ethiopia 1961)
The corporate, privatization and property matters lawyer indicated that the charge document indicates what the person has been charged with and the articles that they are charged under (20 Nov. 2013). In correspondence with the Research Directorate on 15 November 2013, a criminal and commercial lawyer from Addis Ababa indicated that the charge document includes "the place, the date, the law, the act, and the moral element, among others for which the accused is charged".
According to the US Country Reports on Human Rights Practices for 2012, in 2012, "[d]efendants were often unaware of the specific charges against them until the commencement of the trial" (US 19 Apr. 2013, 8). Sources report on cases of people being tried "in absentia" in 2012 (ibid., 9; Freedom House 2012).
2. Documents Issued for Bail
Two criminal and commercial lawyers that provided information to the Research Directorate indicated that courts do not automatically issue documents to a person who has been released on bail (Criminal and Commercial Lawyer 20 Nov. 2013; Criminal and Commercial Lawyer 15 Nov. 2013). However, all three lawyers that provided information to the Research Directorate stated that a person that has been released on bail can request a document of the court's order to release him or her (Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013; Criminal and Commercial Lawyer 20 Nov. 2013). The corporate, privatization and property matters lawyer indicated that this document can be obtained from the court registrar (20 Nov. 2013), and one of the criminal and commercial lawyers similarly indicated that it can be obtained from the "court clerk or registrar" (20 Nov. 2013). The criminal and commercial lawyer added that the person released on bail or his or her guarantor can request a copy of the order of the court document (20 Nov. 2013). Sources indicate that the document states that the person is on bail (Criminal and Commercial Lawyer 20 Nov. 2013; Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013), the amount of money paid for bail (ibid.; Criminal and Commercial Lawyer 20 Nov. 2013) and the conditions of bail (Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013).
3. Passport Seizures for Outstanding Criminal Charges
One of the criminal and commercial lawyers, as well as the corporate, privatization and property matters lawyer, indicated that a court order is required for someone's passport to be seized (Criminal and Commercial Lawyer 20 Nov. 2013; Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013). The corporate, privatization and property matters lawyer explained that seizing a person's passport for outstanding criminal charges is "not automatic" (ibid.). He added that "if the public prosecutor has reason to believe that a person will leave the country, they will petition the court that the passport be withheld" (ibid.). He also said that "everything a court decides is written" and a copy of the decision can be obtained from the registrar (ibid.). According to the criminal and commercial lawyer who provided information to the Research Directorate on 15 November 2013, "if bail is granted by court, and if the court decides to restrict the right of the [person on bail] to travel outside of Ethiopia, it simply gives such restriction order to the immigration authorities, with no need to seize travel documents."
4. Variance in Documentation for Criminality
When asked about possible variance in the processes of documentation for criminality, the criminal and commercial lawyer, in correspondence to the Research Directorate on 21 November 2013, indicated that the information that he provided applies across Ethiopia, "however, due to a lack of knowledge or other factors, officials might abuse this fundamental right sometimes." Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to the corporate, privatization and property matters lawyer, there are different levels of jurisdiction, and each case is brought to the appropriate court (Corporate, Privatization and Property Matters Lawyer 20 Nov. 2013). He added that, for criminal charges, the jurisdiction depends on the type of criminal charge as outlined in the criminal procedure code (ibid.). He added that any decision of the court at any level of court is in writing and can be obtained (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Corporate, Privatization and Property Matters Lawyer, Addis Ababa. 20 November 2013. Telephone interview with the Research Directorate.
Criminal and Commercial Lawyer, Addis Ababa. 21 November 2013. Correspondence with the Research Directorate.
_____. 20 November 2013. Telephone interview with the Research Directorate.
Criminal and Commercial Lawyer, Addis Ababa. 15 November 2013. Correspondence with the Research Directorate.
Ethiopia. 1994. Constitution of the Federal Democratic Republic of Ethiopia. [Accessed 20 Nov. 2013]
_____. 1961. Criminal Procedure Code of Ethiopia. Proclamation No. 185 of 1961. [Accessed 20 Nov. 2013]
Freedom House. 2012. "Ethiopia." Freedom in the World 2012. [Accessed 20 Nov. 2013]
United States (US). 19 April 2013. "Ethiopia." Country Reports on Human Rights Practices for 2012. [Accessed 20 Nov. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: Ethiopia - Consulate in Toronto, Embassy in Ottawa, Embassy in Washington, Human Rights Commission; Lawyers - eleven in Ethiopia, one in Toronto; Unity for Democracy and Justice Party (Andinet) - North America Association of Support Organizations, Unity for Human Rights Toronto.
Internet sites, including: Ecoi.net; Ethiopia - Criminal Code of the Federal Democratic Republic of Ethiopia; Ethiopian Legal Brief; Ethiopian News Agency; Factiva; International Constitutional Law Project Information; Jurist Legal Intelligence; United Nations - Refworld.
