Ethiopia: A New Criminal Policy in Place to Combat the Scourge of Wrongful Convictions

Ethiopia has taken a giant step in reworking its criminal policy. Until now, no articulate policy document or guidance existed, that provided a clear cut approach to criminal procedure and process, indeed, to criminal law reform. In connection with the wrongfully convicted, the new policy document states inter alia: ‘ If a person who is convicted of a crime and subjected to a death sentence imprisonment, or a fine, is later found actually innocent by a court through post conviction proceedings, the person, their heirs, or their spouse is entitled to a commensurate compensation of moral and material damage suffered due to the decision which subjected the person to the sentence’

Amongst other novel scheme, the policy makes provision for plea bargaining. Attempts were also made to push for the retrial of persons initially wrongfully acquitted, but evidence later emerges which implicates and conclusively prove their guilt. It failed. If someone is wrongfully acquitted and later evidence proving his apparent guilt is discovered, the prosecutor under the usual practice, is not given the right to demand a revision of the first verdict acquitting such defendant. Prosecutors are still trying to come to terms with the policy. Read further commentary herehttp://allafrica.com/stories/201203270611.html

It will be sometime yet for the full impact of this policy to percolate down the system of administration of justice in Ethiopia, given the very ‘conservative’ nature of the society, and a constrained political environment.  Still, it is a good start.