Liberty & security of person

The Federal Democratic Republic of Ethiopia (FDRE) Constitution guarantees the right to liberty and security, prohibiting arbitrary arrest and detention without charge or conviction. This is supported by the Criminal Procedure Code, which outlines that arrests and detentions must follow legal procedures and prohibits arbitrary detention. The right to challenge detention through habeas corpus is also provided. The constitution and related laws ensure humane and dignified conditions of detention, protecting individuals against cruel, inhuman, or degrading treatment. Specific rights for detainees include communication with family, friends, legal counsel, and access to medical care. The Criminal Code mandates segregation of prisoners by status and age to maintain safety and order within detention facilities.

Although the Immigration Proclamation and related regulations are silent on alternatives to detention for immigration-related offenses, the Criminal Code offers an alternative to detention through fines for certain violations. For asylum seekers, criminal charges or penalties for illegal entry or presence are prohibited, emphasizing a humane approach to managing their status.

While Ethiopian laws recognize the special circumstances of individuals, such as victims of trafficking, in detention assessments, the implementation of these considerations is limited. Detainees have the right to seek administrative or judicial remedies if their detention is unlawful or their rights are violated. They can challenge their detention through the judicial system and petition for release if not promptly brought before a court.

Domestic laws provide robust protections for children, including those in refugee communities, against violence, abuse, exploitation, and trafficking. The Criminal Code and specific proclamations impose severe penalties for crimes against children and ensure their protection and support. Ethiopia’s legal framework also addresses gender-based violence (GBV) and trafficking. The Refugee Proclamation mandates protection for refugee women and children from GBV, and the Criminal Code criminalizes various forms of GBV and trafficking. 

The legal system also ensures the right to recourse for individuals, including refugees, to report harassment, crimes, and threats. Refugees and asylum seekers have the same rights as nationals to seek judicial remedies and bring justiciable matters to court. This access to justice is a critical component of ensuring their rights and security are upheld within Ethiopia.