Abstract:
Detained persons are confined in a specific place determined by the state as a result of violation
of laws, they are considered as vulnarable and needs special attention in the protection of their
rights other than rights limited on the nature of their imprisonment. To this end, the purpose of
this research is to assess the legal frameworks on the right of detained persons and the condition
of its practical implementation in Gondar prison. As to the legal frame works, the paper has
tried to assess briefly the international, regional and domestic human right instruments relevant
for the treatment of detained persons. In this regard, human rights instruments such as UDHR,
ICCPR, ICSCER, CAT, ECHR, ACHPR, ACHR and a series of standards and rules are adopted
both at international and regional system and they were discussed in relation to rights of
detained persons. Likewise, the Ethiopian legal system has equivalent set of legislations for the
treatment of detained persons. The 1995 Constitution, the New Criminal Code, Federal Prisons
Commission Establishment Proclamation and Regulations on the Treatment of Federal
Prisoners are relevant legislations. As a regional state, the Amhara national regional state have
also legislations including the Revised Constitution and The Prisoners' Handling and Care
Determination Regulation which both are significant value to detainees right. The paper
presents a brief assessment on the practical treatment of detainees in Gondar Prison.
Questionnaires, interviews, and personal observation were used as data gathering tools. The
sources of data were prisoners who were sentenced for more than 4 years of rigorous
imprisonment. A total of 79 respondents were selected using random sampling techniques. Two
high court judges, two zone public prosecutors and three prison officials were participants of the
research through interview; they were selected using purposive sampling techniques. The
responses of questioners were interpreted and analyzed using percentage while the interviewee
ones were transcribed and analyzed. The study found that treatment of detained persons in
Gondar Prison failed short of compliance to the laws as it found challenges such as violation of
physical and moral integrity, insufficient food and water, poor bedding service, high levels of
overcrowding, poor system of health care, lack of separate treatment based on age and health,
lack of organized and continuing education and training, absence of full-fledged recreational
materials, absence of direct compliant hearing mechanism and problem in case of prison
transfer.