Date of publication:

11/13/2024

Ethiopia

Do domestic laws and policies prohibit the unlawful and arbitrary deprivation of liberty?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

The Federal Democratic Republic of Ethiopia (FDRE) Constitution guarantees the right to liberty and security of the person. It states, under Article 17 (2), that no one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law. Also, it prohibits, under article 17 (2), arbitrary arrest and detention without a charge or conviction.

The Criminal Procedure Code of Ethiopia has further expounded on the right to liberty and security of the person. Article 49 of the Code states that no one shall be arrested or detained except on the grounds and in accordance with the procedures established by law. The Code also prohibits arbitrary arrest and detention. In addition, article 177 (1) of the Civil procedure provides for the right to habeas corpus, which is a legal remedy that allows a person who has been arrested or detained to challenge the legality of their detention. The Criminal Code of FDRE Proclamation No. 414/2004, as per article 423, prohibits the arbitrary deprivation of liberty in general. Therefore, domestic laws and policies prohibit the unlawful and arbitrary deprivation of liberty of any person including refugees and asylum seekers.

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of Federal Democratic Republic of Ethiopia (FDRE)
    • Year: 1995
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1995/en/18206

    Legal provision

    Article 17 - Right to Liberty

    1. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law. 2. No person may be subjected to arbitrary arrest, and no person may be detained without a charge or conviction against him.

    Criminal Code of the Federal Democratic Republic of Ethiopia 2004, Proclamation No. 414/2004

    Legal provision

    Article 602 - Violation of the Right of Freedom of Movement

    (1) Whoever, not being authorized by law so to do, prevents another from moving freely within the territory of Ethiopia, is punishable with simple imprisonment or fine. (2) Where the criminal is a public servant, he shall be punishable under the relevant prolusion of this Code (Art. 407).

    The Civil Procedure Code Decree, 1965

    Legal provision

    Article 177(1) Application for habeas corpus

    An application for habeas corpus may be made to the High Court by any person restrained otherwise than in pursuance of an order duly made under this Code or the Criminal Procedure Code.

    Criminal Procedure Code of Ethiopia

    Legal provision

    Article 49 Arrest without warrant Principle

    Save as is otherwise expressly provided, no person may be arrested unless a warrant is issued, and no person may be detained in custody except on an order by the court. An arrest without warrant may only be made on the conditions laid down in this Section.