SAMARA UNIVERSITY

SCHOOL OF LAW
EXTERNSHIP FINAL REPORT
PREPARED BY; ASHEBIR BINIYAM

ID NO SU 1002549

Presiding judge; ALI HAFA

Title: Externship program in afar regional state samara logia city court

August, 2022G.C

Samara, Ethiopia
Acknowledgement
Above all I would like to thank you Allah who gave me this precious time to undertake my
externship tasks. Several individuals have contributed a lot for completion of my externship
programme. First, I would like to say thank you for all public prosecutor of Samara logia town
justice office for every support they gave to me during my stay in the institution especially, by
encouraging me to prepare, statements of claim, defense, intervention, and draft suit, even by
inviting me to go to municipal court room to observe trial process

Although I would like to thank all of my classmate, who shares my happiness and
sadness when I felt happy and also when I felt sad. Finally, I would like to say thank you to my
families for their uncountable support, through idea, financial and whatever they did to me.
Although, I would like to Say thank you to the members the workers in the institution I was been
during my externship program (Samara logia town justice office public prosecutor).
Contents
Acknowledgement........................................................................................................................................i
Introduction.................................................................................................................................................1
Part One......................................................................................................................................................1
1. Background of the Institution..............................................................................................................1
1.1 Structure of the Institution....................................................................................................................1
A. The Head office................................................................................................................................1
B. Preparation of plane, follow up and Revision Directorate...............................................................1
C. The Civil matters Directorate...........................................................................................................1
D. The Criminal Matters Directorate....................................................................................................2
E. Authentication and Registration of Documents (Notary)................................................................2
1.2 Vision of the Institution.........................................................................................................................3
1.3 Objectives of the Institution..................................................................................................................3
Part Two......................................................................................................................................................3
2. Strong and Weak Sides of the Institution................................................................................................3
2.1 The Strong Sides................................................................................................................................3
I. Panel.....................................................................................................................................................3
II. Team Spirit...........................................................................................................................................4
III. Commitment.......................................................................................................................................4
Iv. Visit of prisoners.................................................................................................................................4
V. cooperation with police.......................................................................................................................4
VI. Creating awareness to the public.......................................................................................................4
2.2 The Weak Sides of the Institution..........................................................................................................4
2.2.1 There is no responsible person to separately handle the matters of vulnerable group.................4
2.2.2 The working Environment...............................................................................................................4
2.2.3 Backwardness of the system..........................................................................................................5
2.2.4 Handling of the Customers.............................................................................................................5
2.2.5 Limitations on running justice system............................................................................................5
Part Three....................................................................................................................................................5
3. Challenges Encountered during the Time of Externship Program...........................................................5
3.1 Shortage of Relevant Laws in the Institution.....................................................................................5
3.2 Lack of Enough Space or Room..............................................................................................................6
Part Four......................................................................................................................................................6
4. Summary of Experience gained from Externship Program......................................................................6
Part Five.......................................................................................................................................................6
5. The gaps between the Law and Practice.................................................................................................6
5.1 Accelerated Proceeding.....................................................................................................................6
5.2 The Charge is not given to the Accused in Advance...........................................................................7
5.3 Failure to give reasonable decision within reasonable time for suspected who are in jail................7
Part Six.........................................................................................................................................................8
6. Conclusion and Recommendation...........................................................................................................8
6.1 Conclusion.........................................................................................................................................8
6.2 Recommendation..............................................................................................................................8
Introduction
Externship programme is the most important and strategic curriculum in law school that helps
law graduate students to apply their legal knowledge in practice before they join the formal
employment forces. Thus as I am law graduate student I have been conducted my extern Afar
Samara logia town justice office public prosecutor. I have been working in the institution for 90
days but I have been working various tasks in my stay over there. In the following parts some
strong and weak side of the institution, some challenges I have been encountered during my
externship program, and summary of experience I have gained and gap between the law and
practices will be tried to be discussed, Finally, I am going to end up my report by conclusion and
with recommendation on the gap I have seen (observed) in the Institution (Samara logia town
justice office public prosecutor) in particular and in externship programme in general.
 Part One
1. Background of the Institution
1.1 Structure of the Institution
The samara logia town justice office public prosecutor is located In Afar, Samara zone Logia
town. Doing so the Office has five divisions within the institution: - Those are, head office,
preparation of Plane, follow up and revision directorate, the civil matters directorate, the criminal
matters directorate, Documents registration and authentication (notary).

A. The Head office

 Will support and control over all of the four divisions,
 Check out whether the human resource, budget and accessories are fulfilled,
 Check out whether work time, work discipline are all respected,
 Check out whether the clients are properly served and get satisfied by the service
rendered to them
 Pursuing services rendered in the prosecutor office are rendered without bias and does
not rely on religious, sex, race status and whatever relationship,

B. Preparation of plane, follow up and Revision Directorate

This division should prepare annul plane of the institution, in addition to this tasks the division
may performing:-

o It also prepares a weekly, monthly, quarter year, half year and annual report.
o It execute budget plan which is prepared by economy and finance office.

C. The Civil matters Directorate

This division is the division that empowered with the mandate to conduct tasks related to civil
matters. The division is empowered to handle the civil matters which may affects the interest of
the regional government and its people. In addition to above mentioned power, this division has
responsibility to:-

 To investigate the legality of draft Administrative Contract.

 Preparing draft Administrative contracts.
  Preparation of contractual documents.
 Providing various legal advice to various government institution.
 Preparation of manual and giving awareness to the communities about the law
 Taking legal proceeding by representing various government institution.
 Defending government institutions when an action brought against them.
 Intervening in pending cases which may affect the government interest.
 Representing government in dispute resolution process.

In addition to the above mentioned tasks, the division also represents person of vulnerable
groups such as children, women, elders, and person with disabilities in court proceedings. It also
has the responsibility to assign the lawyers to those vulnerable group of persons.

D. The Criminal Matters Directorate

This division is another division in the institution that has mandate to handle the cases related
criminal in nature (Criminal matters) for instance, preparing or framing charges, prosecuting,
appeal and the like. In addition to the above mentioned tasks, this division has providing the
following services:-

 Receive accusation and bring the accused before court within reasonable time.
 Receive police investigation files and give appropriate decision including resolution
through negotiation.
 If appropriate it takes legal proceedings by framing charge and litigating on trial.
 Filing appeal
 Visiting persons depriving of their liberty at Police station and jail and ensuring
protection of their human rights.
 Working with police officer when cooperation is so required.
 Passing relevant decision on bail rights when it is claimed by the court.

E. Authentication and Registration of Documents (Notary)

This division authenticates and registers various kinds of juridical acts for instance:-

 Leas of immovable
 Leas of movable
 Contract of agency
 Contract of employment
  Administrative contract

1.2 Vision of the Institution

 To be the best among all justice office which is existing within AFAR regional State, by
work.

1.3 Objectives of the Institution

 To ensure the, daily social and political activities of the society through maintaining
peace
 To develop legal relationship among the society and to ensure respecting of human rights
and fundamental rights which is enshrined under the constitution.
 To ensure the speedy and productive justice at the kebele level.
 To ensure the legal transfer of right which is allowed by the law to transfer right from one
person to another.
 To maintain the interest of society and government in relation with civil and criminal
matters.

Part Two
2. Strong and Weak Sides of the Institution
2.1 The Strong Sides
I. Panel
The prosecutors discuss up on various legal issues, where the faced difficulties during thy
handling the case. I appreciate this conduct, since it is such wonderful and encouraging
procedure. No one public prosecutor make a decision on such matters alone. To avoid or
minimize possible mistake discussing on difficult legal issue is very important.
II. Team Spirit
The other very interesting strong side of the institution is team spirit and cooperation among the
prosecutors. The prosecutors carrying their tasks discussing on difficult issues and support with
each other.

III. Commitment

The commitment of the workers in the institution with regard to the performance of their
respective tasks is very thankful. In addition to this the way they treat or serve their customers or
service seekers is interesting.

Iv. Visit of prisoners

public prosecutors of the institutions visit prisoners twice a month and follow how prsioners right
are protected and take necessary measurement in case of occurrence violation of rights of
prisoners in the prison.

V. cooperation with police

One member of public prosecutor of the institution went to police station and stay there for 15 days and
work with police in the investigation process. Public prosecutors stay in police station for every n15 days.

VI. Creating awareness to the public

In case of special crime Samara FM station are called to record the trial process and release it to
public. In this way awareness is created to the public the institution.

2.2 The Weak Sides of the Institution

2.2.1 There is no responsible person to separately handle the matters of vulnerable group.
Giving aid to the vulnerable groups are the one among the responsibilities of the institution. This
groups hold the most significant portion of our society. Despite to this in the institution there is
no sufficient man power to handle their cases and I have not sufficient seen any one of such
groups being supported by the institution during my stay in externship program.

2.2.2 The working Environment

The environment is hosting and this may affect the overall workers in the institution. The offices
are also very narrow. And, also cannot serve all the community coming to the office.
2.2.3 Backwardness of the system
Overall words of the accused and the witness are written down by hand writing of both judge and
public prosecutor. This would take a lot of time and so burdensome.

2.2.4 Handling of the Customers

Most of the public prosecutor treats their clients politely and try to clarify understandably.
However, the working environment requires reconstruction of buildings. The office are very
narrow and not continent for the clients to freely disclose their cases as they wish’s. Sometimes
there were no chair to seat and discus with prosecutor but sometimes the try to use the chair of
prosecutor when they are not in the office at that time other ways the use to stand and discussing
with prosecutor their cases.

2.2.5 Limitations on running justice system

 Because there is no security for public prosecutors, for if the convicted persons or
persons belongs to them might try to attack the prosecutor.
 The work is complicated by itself. This is because of it requires the coordination of public
prosecutors, police and court also.
 Witness might not willing to give their testimony due to fear of attack since there is no
security at all and they might be berbeary.
 Police may transgress the regulations through helping the convicted persons to gate what
is prohibited in the prison. This means alcohol, cigarate, chat, and the like. The sanction
stipulated on the regulation is so significant. So it cannot give a lesson to transgressor.

Part Three
3. Challenges Encountered during the Time of Externship Program
3.1 Shortage of Relevant Laws in the Institution
The institution has shortages of relevant law which is necessary to the work. In some case I spent
a lot of time looking for the article in the relevant law unfortunately that code does not have full
page or the article which I need at that time.
 3.2 Lack of Enough Space or Room
The institution has many service seekers whereas have no enough space or room for the service
seekers to wait for their tern. Due to this reason many of service seekers sometimes have
received their service just on their standing without getting chair to seat. In addition due to the
above mentioned lack of enough space some service seeker turn back to their home without
gating satisfied service.

Part Four
4. Summary of Experience gained from Externship Program
During my stay in samara logia first instance court, I have tried to observe judicial proceeding
process in both civil and criminal division. However, working in the institution has created to me
a golden opportunity to develop various legal skills. It gives me a big opportunity which I have
not ever gained during my academic studies. For me externship program was an ideal
opportunity to obtain practical legal knowledge and skills. Accordingly, I have gained some
important experience in criminal division I have gained some important experience, in framing
draft charge, defense, draft suit and memorandum of appeal. I have also saw trial process which
gave me great chance to know about the overall trial process.

Part Five
5. The gaps between the Law and Practice
5.1 Accelerated Proceeding
During the time of externship program what I have observed is the frequent practice of
accelerated proceedings. As it clearly stipulated in both international human rights instrument
which are adopted by Ethiopia and national laws, the accused person has the right to have
reasonable time to prepare his defense, however, in the institution where I have been working,
most of the cases which were brought to court of law by prosecutors was tried by accelerated
proceedings. Although, accelerated proceeding is one of the special proceedings which is
recognized both by civil and criminal procedures of Ethiopia, the frequent practice of this type of
proceeding truly limit the defendant’s opportunity to prepare his defense which may substantially
help him to defend himself in the court of law. According to Art. 14(3) of the ICCPR accused
persons shall be entitled to adequate time for the preparation of their defense. Hence, this
provision requires, giving the accused enough time to prepare his defense. Contrary to this
provision, the prosecution use accelerated provision to dispose the case within short period of
time if its own evidence is fulfilled. This seems against fundamental rights of the accused
persons.

5.2 The Charge is not given to the Accused in Advance

The charge is not given to the accused in advance. In order to enable the accused person to
prepare himself and his defense the charge should be given to the accused before trial. However
the prosecutor give the charge to the accused on the day of the trial. This substantially affects the
rights of the accused and made him incapable to defend himself. There are pertinent legal
provision which addressed or recognized such rights of the accused person for instance Art.
94(2) (g) of criminal code recognized that the failure to serve accused with a copy of charge
constitutes a ground to adjourn a trial, implies that the accused must be provided a copy of the
charge before trial begins. However in practice the accused is served with charge on trial. This
may affects the rights of the accused person.

5.3 Failure to give reasonable decision within reasonable time for suspected who are in
jail
The suspected person who are seized by the police officers, have the right to personal liberty,
have the right to presumed innocent until their guilty is proved and speedy trial. In fact there are
well known rights of suspected person which are mandatorily needs to be protected and
respected by any person, especially by justice institutions, for instance the right to be presumed
innocent until guilty is proved, and the right to personal liberty of the suspected person are some
of the rights of the suspected persons which are highly required to be respected and protected by
the justice institutions. So, one of the mechanisms to protect such rights of the suspected persons
is bringing them before the court of law within reasonable time in order to make a proper destiny
for their cases as much as possible. However, the public prosecutor fails to visit them daily they
will remain in jail (police station) for a long time period even without their guilty is being
proved, only because of their mere suspicion. And the investigation of crime towards them may
not be started by police officers if they did not direct to do so by the public prosecutor. This
likely that infringing legally granted rights of suspected person. However I have observed some
gaps in this regard, which may need immediate response and which my strongly harm our justice
system. The main gap I have tried to mention above is sometimes the suspected prisoners are
remain in jail for the period of more than a week despite the direction of public prosecutor to
release them, by the reason of nothing. In my view the responsible organ to this unwanted and
illegal action against the suspected individuals are not only the police officers who are directed
by public prosecutors to release them (person in jail) and failed to do so by their own cause, but
also the institution by itself have the responsibility to protects the rights of such individuals and
supervise those police officers to respect and protect the right of them. This is the main obstacle
of justice system and it is totally incompatible with that of human rights of the persons and those
constitutionally granted rights of individuals, in addition to this it is totally inconsistence with the
main objectives of justice system.

Because the suspected persons are innocent until their criminal act is proved so that they must
not stay in the jail or prison for long time, rather the public prosecutor should direct the police
officer to release them or the prosecutor must bring them before the court of law within
reasonable time.

Part Six
6. Conclusion and Recommendation
6.1 Conclusion
Externship program is the most important curriculum which help law graduate students to carry
out in practice their academic/ legal knowledge acquired in education. It helps to know the
practical problem in the justice system. The gap between the law and practices and the technical
qualification to be an effective judge, an advocate, and prosecutor, thus in my stay in externship
program in samara logia Town Justice office I am familiar with that we call it the “justice in
motions’’ in both civil and criminal division. Specially, I was able to know the procedural aspect
in both justice office and court room too. In my stay in civil division I have been obtained the
skills of how civil proceeding would be conducted from the opening of the cases up to closing.
6.2 Recommendation
 I would like to recommend the institution that as it is justice office it has to promote the
protection of the rights of persons sufficient enough. In such instance the institution has
duty to safe guard the human rights and other rights of individuals.
 The suspected person who are in jail must be brought before the court of law within
reasonable time and have been given the right to bail.
 The prosecutors who work in the institution that they do not have to use the accelerated
proceedings frequently and they have to give charge to the accused person as soon as
possible before the day of trial this because obviously affects the rights of the accused
persons.
 In addition to this prosecutors in the institution must cooperate with police officers in
better manner in the fields of their work.
 The institution also must select separate prosecutor who handle the cases which involving
vulnerable groups.