NAME ABREHAM ENKANHONE ID 05956/09

HUMAN RIGHT PROTECTION OF ARRESTED PERSONS IN THE CASE OF GONDAR

POLICE STATIONS

INTRODUCTION

1.1 Background of the study

adequate protection of human right and fundamental freedoms required all government
institutions to discharge the obligations of human right protection. state has obligation under
international human right law to protect and respect human right. human right is inherent right
means we cannot give or take away. so every individual has the right to entitled to enjoy his or
her human right without discrimination as race, color, sex religion, political and socio-
economic status. the aspiration to protect human right dignity of all human beings are the core
concept of human beings. human rights are legally granted by human right law protecting
individuals against actions which interfere with fundamental freedoms and human dignity.
However, all human rights are not absolute in their nature as a result of this enjoyment of
certain right might be restricted in specific circumstance in order to protect the right of others.
as a result, this police arrested when person reasonably suspected to have committed crime. for
the purpose of obtain evidence from him. The most common mean of obtaining evidence from the
suspect is interrogation. custodial interrogation is the most practice in the world. police
interrogation is primarily directed at obtaining an admission of guilt from a suspect who the
police believed commit an offence that is attribute to him. after the apprehension of the suspect,
the police interrogation is mostly direct at the extraction of confession. however, police officers
while conducting investigation process they compelled arrested person improperly in order to
make confession.as the result of this many suspects make incriminated statements during
interrogations. actually suspect admission of guilt during police interrogation play a major role
in criminal justice process if it is voluntary. so as result this Miranda ruling is the basis for the
term Miranda rights[ which refers to the right of an individual who is in a police custody and
who is being interrogated] ruling did not prohibited custodial interrogation, rather it requires
investigators inform their right to remain silent and allow him avail himself of this right, as well
as to make clear that his statement are liable to be used as evidence against him.in the absence
of those safe guards ,it deemed to be that confession was coerced and involutarly.so once
arrested has been taken in to custody there must be provided protection against physical and
mental compulsion,threat,and inducements to make incriminating statements. Even arrested
person detained in police station centers they have substantive and procedural rights to be
protected of law.therefor,person in police custody has the right to be treated with humanity and
with respect to human dignity.so no person in police station subject to treated torture any
cruel ,inhuman, and degrading treatment.so arrested person has the right to not treated
inhumanity, tortured,cruel,thrated and have the right to remain silent and informed this right to
do so by police officer beside to this arrested will be bring within reasonable time limit to court.
UNIVERSAL DECLARATION OF HUMAN RIGHT [UDHR] and INTERNATIONAL
CONVENANT ON CIVIL AND POLITICAL RIGHT [ICCPR] which ratifies both of UDHR and
ICCPR. Which provided a person in a custody shall be treated with humanity and respect
human dignity and no person shall be subject to cruel inhuman or degrading treatment. Beside
the FDRE constitution of Ethiopia art 18[1] prohibited torture and any inhuman treatment. And
also art 19[2] of FDRE constitution and art 27[2] of criminal procedure code of the Emperor
[ CPC ]recognized the right of arrested person to remain silent and to be informed of their right
to do so. Therefore, police must give Mirada warning or the right to remain silent anything they
said could be used as an evidence in court of law. Miranda warning is important at the time of
interrogation. beside to this, arrested person has the right brought before the court within 48
hours by police officer. They have the right entitled to minimum standard

1.2 STATEMENT OF PROBLEM

Custodial interrogation is an essential tool for effective getting information for enforcement, by
violation of due process of law. Questioning suspect may elicit confession and even when it does
not may result in uncovering lead and other information that can avoid the west of valuable time
and resource by pointing towards fruitful avenges fir further interrogation. So, once police
officer arrested the suspect person, he begins the task of investigation process in order to obtain
evidence from the arrested. Despite, international and national instruments which prohibited
inhuman treatment and torture, Police officer while conducting interrogation process. 1, they
beat arrested, torture, compelled arrested person to confess involuntarily even use as a
punishment when arrested failed to give their confession. Criminal procedure code of Ethiopia
art 27[2] state that arrested person not be compelled to answer question [the right remain
silent].2, investigators use force or threated or made promise to arrested person if they admitted
the crime. or to made involuntary confession, in doing so, they violate the due process of law of
the country and particularly arrested person.3, arrested person had not brought to the court
within 48 hours by police officer. art 19[3] of FDRE constitution granted arrested person
brought to court within 48 hours io order to ensured there is no violation of such right.
However, police stay for long period of time in order to boring and to tell the truth. 4, in
interrogation process discriminate arrested persons in different factors such as race, color,
language, nationality and other factors.5, in addition to above problems suspect challenged by
shortage of accommodation like food and medical care and even, not available at pre-trial
detention center.

1.3 OBJECTIVE OF THE STUDY

1.3.1 THE GENERAL OBJECTIVE

The general objective of the study is in order to examine the extent of human right protection of
arrested person in Gondar police station and in order to protection of the right arrested person.

1.3.2 SPECIFIC OBJECTIVES

A. Examining whether or not arrested person compelled by police officer during
investigation or interrogation.

B. In order to pay attentions of human right activists to involved in human right

issues particularly in police station center
C. In order To inform the duties of police officer during interrogation and the rights
of the arrested person..
D. To suggest recommendations for possible problems.
 E. To examine the conditions of police detention whether in line with the minimum
standard or not.
F. To reflect problems that are occurs in police station detention centers. to
concerning organ.
G. To pay attention of human right activist to involved in human right issues
particularly in police station detention center.

1.4 RESEARCH QUESTION

1.4.1Main research question

1. Examining the law and practice relating to the rights of arrested person in police
detention is the main question?

1.4.2 Specific research questions

1. what are the rights of arrested person?

2. does investigative police understand those rights?

3. how arrested person treated in Gondar police station?

4. who are responsible for the violation of rights of arrested person?

5.What measures taken whenever violation of those rights occurs?

1.5 LITERATURE REVIEW

 Investigators made threat and promise deliberately, violate
Miranda rights of arrested persons. In order to protect arrested
constitutional rights against self- incrimination. Police officer must
inform their Miranda right [the right to remain silent and that
anything said will be used against her/him in court of law].
However, most of the time arrested deny, their statements that give
to police during interrogation and claim that they give their
statement under duress in court of court of law. In Brown v,
missippi US supreme court held that to use involuntary confession
through physical torture and any other inhuman treatment are
violation of due process of law. The reason behind the court the use
of such coerced confession at trial offend some principal of justice.
Beside to this the court in Lisenba v, California justified the due
process of prohibition of coerced confession based on two needs
the need to prevent the use of preemptively false evidence in court
and the need to prevent unfairness in the use of evidence whether
true or false. Coercive interrogation tactic violation of
constitutional right of arrested person so officers use coercion
constitutes violation of suspects.

1.6 Significant of the study

As the study focus mainly on human right protection of arrested person during interrogation as
result of this it raises the knowledge of police officer investigator about the right of arrested
person and they realized arrested right. It ensured the duties of police officer and to do care
while conduct interrogation process. If the investigator failed to treat properly arrested person it
will face civil and criminal liability. It protected person from improper methods of interrogation
and in human treatment. Besides, it may give recognition for identified problems so it helps to
any concerned body to take measure and realized the protection of human right during
interrogation. It will serve literature review for further researchers and it provided good insight
and acquires sufficient knowledge in this area of s

1.7 Methodology of the study

The study is qualitative and non-doctrinal because to collect information by interview arrested
persons in Gondar police stations. I prefer qualitative approach of the study because to save
time by create time table and use the time table efficiently and address research questions of the
study. It is non doctrinal the reason is it examined the implementation of law and the practice
[the gaps of the law]. Both primary and secondary source of data are utilized.

First pertinent laws International Convention like ICCPR, UDHR, Convention against torture
and like have use and regional conventions like, African Charter on Human and Peoples Right I
used. Beside domestic law like FDRE constitution, criminal procedure code and other relevant
law had been consulted.

Secondly any relevant fact will collect from Gondar police station heads, investigators will have
interviewed, questioned and observed and secondary sources may collect from text books,
commentaries and internet s

1.8 The scope of the study

The study focuses on human right protection of arrested person in pre-trial police detention in
general and interrogation in particular and tried to examine improper methods of interrogation
in case of Gondar city police station sources and others Study researcher address this issue in
detainments.

1.9 LIMITATION OF THE STUDY

The researcher may face financial constraint and also in sufficient time. It may avoid by create
time table and use time efficiently. May lack internet access and other problems. Whatever those
problems may not hard to accomplish my research.