SCHOOL OF LAW
Law of Criminal procedure individual ASSIGNMENT 2
NAME: BETELHEM G/TENSAE
ID:-UGR/0008/15
SECTION:-1
Submitted to; Dr. Demelash S.
date; April 14 ,2025
The right to challenge the legality of detention and remedies
Habeas corpus is a remedy available to a person who is unlawfully arrested or detained or who is
not brought before a court of law within the prescribed period, according to the FDRE
Constitution. Art 177-179 of the Ethiopian Civil Procedure Code lays down the procedures for
filing a writ of habeas corpus. Habeas corpus is available for the purpose of checking the validity
of any arrest, either on the grounds of a criminal offense commission charge or for any other
reason. Habeas corpus is a legal recourse available to those who have been detained by the
government but have not been brought to court. It's a civil proceeding. Despite being arrested on
criminal charges; the person is claiming civil rights. As a result, the Civil Procedure Code
contains provisions that govern it. Thus, habeas corpus is one of the remedies available in
exceptional circumstances of denial of the rights of persons.1
Compensation under Ethiopian Legal system
Ethiopian law, as with other international human rights treaties like the ICCPR, is entitled to the
right of compensation for being unlawfully detained or arrested. The Constitution is codified as
law by its inclusion of ratified human rights instruments into domestic legislation.2
Ethiopian law provides opportunities for holding persons accountable for unlawful deprivation of
liberty. Criminal responsibility, under Article 423 of the Criminal Code, punishes public officials,
such as police officers, for doing this. As much as civil responsibility (law of torts) is concerned,
several principles apply. Offence-based liability (Art. 2027(1)) holds persons accountable for
harm caused by their offences. Activity/object-based liability (Art. 2027(2)) is widely interpreted
to encompass the causing of injury without legal justification, which allows victims to recover
damages under Article 2040 from faulted police officers. Finally, vicarious liability (Art.
2027(3)) holds one liable for the actions of individuals for whom one is legally accountable.
Ethiopian law handles damages in the form of various types of compensation. For material
damage (Art. 2090), the rule is to provide a monetary equivalent, with its amount determined
equitably by the courts where exact calculation is difficult (Art. 2102). The standard for moral
injury (Art. 2105) is non-monetary compensation, with monetary damages being allowed only in
cases specially contemplated by law, e.g., physical assault (Art. 2107) and unlawful restraint
(Art. 2108). In addition, other types of compensation (Arts. 2118-2123) like restitution,
restoration, retraction, and injunctions can be granted instead of or together with monetary
compensation.3
Limitations and Challenges:
1
Tayech Gashaw Ayele. (2021). Compensation for wrongful arrest in international law and Ethiopian legal system
(Master's thesis). Addis Ababa University,p.25
2
Ibid, p.33.
3
Ibid, p. 35.
There are pitfalls in the Ethiopian system of compensation. The absence of clear guidelines to fix
material and moral damages can lead to inconsistency of court awards. Moreover, the Federal
Supreme Court has interpreted the moral damage limitation under Article 2116(3) as applying
collectively rather than individually to multiple claimants. There is a comparatively short two-
year limitation period (Art. 2142) for actions, although it can be extended if the underlying act is
also a crime with a longer limitation period (Art. 2143(2)). Finally, beneficiaries claiming
compensation for illegal arrest resulting in death (Art. 2095) face the risk of having their actions
time-barred by delays in determining their legal status, as interpreted in Federal Supreme Court
Cassation Decisions.4
4
Ibid, p.36.
