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Evidence Law Group Assignment
Evidence Law Group Assignment
SCHOOL OF LAW
GROUP ASSIGNMENT FOR THE COURSE EVIDENCE LAW
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Q.Is the blood tastes taken by the police officer without the consent of the accused person
admissible evidence before a court of a law?
Admissibility of Blood Test Taken by police office Without Consent of the accused:
In Ethiopia, the admissibility of evidence, such as a blood sample taken by a police officer
without the consent of the accused person, is governed by legal provisions aimed at protecting
the rights of individuals during criminal proceedings. Here is an analysis supported by relevant
Ethiopian laws:
- Article 19 (5) of the Ethiopian Constitution guarantees the right to not be subjected to
arbitrary search, seizure, or the invasion of personal privacy. Any evidence obtained in violation
of this right may be considered inadmissible.
(1) Notwithstanding the provisions of Art. 20 Civil Code where an investigating police officer
considers it necessary, having regard to the offence with which the accused is charged, that a
physical examination of the accused should be made, he may require a registered medical
practitioner to make such examination and require him to record in writing the results of such
examination. Examination under this Article shall include the taking of a blood test.
However, the above stated articles in principle prohibit taken the confession and other evidences
in the interrogation process rather than prohibition of taking blood sample.
So our argument is the admissibility of a blood test taken by a police officer without the consent
of the accused person is not clearly prohibited laws based on constitutional rights, criminal
procedure regulations, and provisions of the Criminal Code. If the collection of the blood sample
was conducted unlawfully or in violation of the accused person's rights to privacy and integrity,
so that the evidence is admissible before a court of law but the accused may raise the objection.