THE LEGAL AND PRACTICAL ASSESMENT ON THE PROTECTION OF THE RIGHTS OF DETAINED PERSONS IN ETHIOPIA: THE CASE OF GONDAR PRISON CENTER.

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.