LEGAL AND PRACTICAL ANALYSIS OF THE RIGHT TO SPEEDY TRIAL OF ACCUSED PERSON WITH RESPECT TO CORRUPTION CRIME፡ A CASE OF CENTRAL GONDAR HIGH COURT

Abstract

The right to trial within a reasonable time has been protected without discrimination under the international and regional human rights. This rights also recognized in many countries constitution and in their domestic laws. Ethiopia is among the countries which give recognition to the right to trial within a reasonable time in its own constitution. This research investigated the legal and practical analysis of the right to speedy trial of accused person with respect to corruption crime; a case of central Gondar high court. For this purpose, qualitative research methodology was employed in collecting and analyzed data. The data was collected from interview and semi structure interview conducted with defendants of corruption crime, judges, public prosecutors and investigator police and field observation. In field observation the researcher examined the length of files and adjournment reasons, and the feelings of the accused regarding to the court treatment about them. The respondents are selected purposively. International and regional human rights instrument, national laws, journals, books, articles, other materials related to the topic also analyzed in the study. The study reveals that the causes of the delay of speedy trial right such as reasons related with the court; reasons related with the public prosecutor; reasons related with the police officer/investigator; reasons related with the accused himself and reasons related with other bodies are the main challenges that affect the right to speedy trial of accused person with respect to corruption crime; case of central Gondar high court. Based on the findings, the study more importantly recommended for the concerned government body to take positive action for the effective protection of the right to speedy trial of accused person with respect to corruption crime. Besides, it recommended the central Gondar high court and the regional Supreme Court to play their roles for the effective implementation of the right to speedy trial of accused person with respect to corruption crime. Finally, it recommended the ethics and anti corruption commission (Now The Regional Office of Attorney General), police commission, regional prison administration, and the legislative body the way how to take measures to minimize and avoid the challenges of the delay of the rights of accused persons with respect to corruption crime.