Date of publication:
01/08/2026
Ethiopia
Do domestic laws and policies provide for humane and dignified conditions of detention for forcibly displaced and stateless persons?
Assessment by population
Analysis
The Ethiopian Constitution and the Immigration Proclamation provide persons who are detained with robust procedural safeguards. These safeguards are designed to ensure the protection of their fundamental rights during detention, aligning with international human rights standards. One of these key safeguards is for detainees to be informed promptly and in a language, they understand of the reasons for their arrest and any charges against them. This is crucial for ensuring that the detained individual understands the nature of the allegations against them and can prepare an appropriate defense. In addition, article 61 of the Criminal Procedure Code explicitly states that a person detained on arrest or remand shall be allowed to contact and consult with an advocate immediately. Also, individuals arrested have the right to remain silent and must be informed promptly that any statement they make could be used against them in court. This protects against self-incrimination. The requirement to bring a detained person before a court within 48 hours (excluding the time needed for travel to the court) is a critical safeguard against unlawful or prolonged detention without judicial oversight.
The Constitution affirms the right of arrested persons to be released on bail, providing a mechanism for temporary release while awaiting trial or further legal proceedings. The law explicitly prohibits compelling a person to confess or make admissions that could be used against them in court, and evidence obtained under coercion is not admissible. Detained individuals have the inalienable right to petition a court for their physical release if they are not brought before a court within the prescribed time frame, ensuring accountability and recourse against unlawful detention.
Courts have the authority to determine whether to keep an individual in custody or remand them for further investigation, with a stipulation that this period should be strictly necessary for the investigation. This is balanced with the right to a speedy trial and the investigation must respect the rights of the detained individual.
These provisions collectively ensure that persons, including refugees, detained in Ethiopia are afforded minimum procedural safeguards that are essential for the protection of their rights. These safeguards reflect a commitment to the rule of law and human rights, providing a framework for the humane and lawful treatment of detainees.
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 19 - The Right of Persons Arrested
1. Persons arrested have the right to be informed promptly, in a language they understand, of the reasons for their arrest and of any charge against them. 2. Persons arrested have the right to remain silent. Upon arrest, they have the right to be informed promptly, in a language they understand, that any statement they make may be used as evidence against them in court. 3. Persons arrested have the right to be brought before a court within 48 hours of their arrest. Such time shall not include the time reasonably required for the journey from the place of arrest to the court. On appearing before a court, they have the right to be given prompt and specific explanation of the reasons for their arrest due to the alleged crime committed. 4. All persons have an inalienable right to petition the court to order their physical release where the arresting police officer or the law enforcer fails to bring" them before a court within the prescribed time and to provide reasons for their arrest. Where the interest of justice requires, the court may order the arrested person to remain in custody or, when requested, remand him for a time strictly required to carry out the necessary investigation. In determining the additional time necessary for investigations, the court shall ensure that the responsible law enforcement authorities carry out the investigation respecting the arrested person's right to a speedy trial. 5. Persons arrested shall not be compelled to make confessions or admissions which could be used in evidence or against them. Any evidence obtained under coercion shall not be admissible. 6. Persons arrested have the right to be released on bail. In exceptional circumstances prescribed by law, the court may deny bail or demand adequate guarantee for the conditional release of the arrested person.
Immigration Proclamation No. 354/2003
- Year: 2003
- Type: Domestic law
- Rights Category: Freedom of movement
- Link to external source: https://www.refworld.org/docid/44e04ed14.html
Legal provision
Article 16 (3) Immigration Officers
Any person detained by an Immigration Officer pursuant to the provisions of Sub-Article (2) (c) of this Article shall be brought to the competent court without delay in accordance with the law.
Criminal Procedure Code of Ethiopia
- Year: 1961
- Type: Domestic law
- Rights Category: Freedom of movement
- Link to external source: https://www.refworld.org/docid/492163ac2.html
Legal provision
Article 61 - Detained persons right to consul advocate
Any person detained on arrest or on remand shall be permitted forthwith to call and interview his advocate and shall, if he so requests, be provided with the means to write.