Compensatory Remedies For Breach Of The Right To Physical Liberty In Ethiopia An Appraisal Of The Legal And Institutional Framework

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The FDRE Constitution and the Constitutions of National Regional States in Ethiopia guaranteernthe fundamental rights and freedoms of individuals including the right to physical liberty.rnBesides, Ethiopia has so far ratified a number of international human rights treaties thatrnenshrine a similar guarantee. These primary constitutional or treaty-based rights mostly serve asrna check on the government in the exercise of power. In so doing, they foster protection againstrnviolations by the state agents. But human beings and the institutions run by them are not errorproof.rnAs a result, it is inevitable for breach of the right to physical liberty, particularly ofrnarbitrary arrest or detention, and wrongful conviction to occur in connection with the criminalrnjustice system. This makes it necessary to have an avenue for a legal remedy by suit or action atrnlaw whenever that right is infringed. It is equally necessary have strong institutions capable ofrnawarding remedy (compensation) when demanded by victims. However, the situation in therncurrent Ethiopian legal system does not offer much prospect. This study thus assesses thernexisting right-remedy gap in the domestic law of Ethiopia as well as the domestic application ofrnthe relevant provisions of the ICCPR with respect to particular breaches of the right to liberty,rni.e., arbitrary arrest or detention, and wrongful conviction. Accordingly, the study demonstratesrnthat the absence and/or inadequacy of remedies provision in the domestic laws of Ethiopia, thernjurisdictional dilemma between the regular courts and the HoF coupled with the requirement ofrnpublication in the Negarit Gazeta of ratified human rights treaties overshadow the prospect ofrnsuccess in pursuing a compensatory remedy for breach of the right to physical liberty by thernvictim, and thus leaves a lot to be desired.rnKey words: Remedy, compensation, physical liberty, arbitrary, detention, arrest, wrongfulrnconviction, human rights, constitution.

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Compensatory Remedies For Breach Of The Right To Physical Liberty In Ethiopia An Appraisal Of The Legal And Institutional Framework

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