Victims’ Right To Participation In Criminal Proceedings In Ethiopia: Lessons From Germany And The United States Of America

Abstract

The participation of victims in criminal proceedings can lead to a criminal justice system that is more just, increases the overall effectiveness of the system, helps to avoid secondary victimization, assists victims in obtaining therapeutic benefits, and increases victim satisfaction with the system. The main objective of this study is to comparatively analyze the participatory roles of victims of crimes in criminal proceedings in Ethiopia, Germany, and the United States of America to draw some best lessons and examines whether extending victims right to participation in the various stages of the criminal proceeding adhere to the present Ethiopian criminal justice system and is not prejudicial to the due process rights of the accused. To achieve the research objectives, the researcher critically analyzed the normative framework of victim participation. Based upon the research findings, though victims play a decisive role in the initiation of criminal proceedings particularly regarding crimes punishable upon compliant in Ethiopia, crime victims are placed at the margin of the present Ethiopian criminal justice system as their role is confined to merely be a witness in their case upon the discretion of the public prosecutor. Also, the new draft code of criminal procedure is yet to properly incorporate well extended and enforceable victim participation rights into the Ethiopian criminal justice system. Furthermore, the major challenges that may negatively hinder the expansion of victims' right to participate in various stages of the criminal process are: First, the fair trial rights of the accused, specifically, the presumption of innocence, equality of arms, the right to a speedy trial, and an impartial court. Second, currently in Ethiopia criminal justice seems to be generally regarded as a state-based conflict excluding victims. This indicates that allowing victims to participate in various stages of the criminal proceeding and particularly at trial as such is not seen as an underlying aim/principle of criminal justice. As a result of these findings and based on lessons drawn from the laws of selected foreign jurisdictions, the thesis recommends different measures to be taken into account by the government to widen crime victims’ rights to participation in the Ethiopian criminal justice system.