The Constitutionality Of Non Disclosure Of Witnesss Identity For The Criminal Defendant In Ethiopia

The objective of this thesis is to investigate and analyze the constitutionality of non-disclosure ofrnwitness’ identity and its impact on the right of the accused to a fair trial, cross-examination, andrnconfrontation in Ethiopia. For the purpose of this research qualitativemethodology is used. Bothrnsecondary and primary data were collected. As far as secondary sources areconcerned; books,rnjournal articles, and government enactments are analyzed.. Laws and cases were taken as arnprimary source. In addition to these key informants, interviews were done with thirteenpersonsrnas primary sources. For this purpose the research analyzed to answer thequestion does the lawsrnand the practices which affirm for the non-disclosure of witness’s identity are compatible withrnthe constitutional and human rights principles of accused persons in Ethiopia.As the analysis ofrndata shows, there are proclamations that allow for non-disclosure of witness’s identity inrnEthiopia. Among them, the Revised Proclamation to Provide for Special Procedure and Rules ofrnEvidence on Anti-corruption, the Prevention and Suppression of Terrorism CrimesrnProclamation, and the Protection of Witnesses and Whistleblowers of Criminal OffencesrnProclamation are some of them. They violate the constitutional rights to confrontation, cross-rnexamination, and fair trial of accused persons. In addition to those laws, the practice done by thernFederal Attorney General, Courts, and Council of Constitutional Inquiry concerning the non-rndisclosure of witnesses identity to accused person also show that the government is givingrndecisions incompatible with the Federal Democratic Republic of Ethiopia Constitution.rnTherefore the thesis paper recommends for the amendment of those proclamations in relation tornthe provisions which allow for non-disclosure of witness identity for accused persons or if thosernlaws are not amended the constitutionality of those provisions should be submitted to the Housernof Federation for constitutional interpretation and make void pursuant to article 9/1 of thernFDRE constitution.

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