The Roles of Public Prosecutors in the Enforcement of the Right to Speedy Trial in Ethiopia: The Case of Kambatatembaro Zone, Southern Nations Nationalities and Peoples Region

Abstract

As stated under the FDRE and SNNPRS constitutions, accused persons have the right to a public trial by an ordinary court of law within a reasonable time after having been charged. Right to speedy trial is also a guarantee for arrested or detained persons and they have right to be brought before a court within 48 hours of arrest and the additional time given for investigation has to be conducted respecting arrested person's right to a speedy trial. Many international and regional human rights instruments guarantee the right to speedy trial. At national level, the FDRE and SNNPR give guarantee to the protection of the right to speedy trial. To avoid the problem of delay and prolonged pre-trial detentions, prosecutors have given with broad roles and mandates in the administration of criminal justice starting from involving in pre-trial crime investigation to post trial proceedings including appeal and execution of sentences. Various international and regional laws and standards such as Guideline on the roles of prosecutors, adopted by United Nations congress on prevention of crime and treatment of offenders require prosecutors to perform all the power and mandates given to them fairly, consistently and expeditiously. The Federal and SNNPR attorney general establishment proclamations also requires prosecution office to involve actively in crime investigation stages to avoid unlawful arrest and prolonged detentions in pre-trial crime investigation stage. The objective of this study is to assess the roles of public prosecutors in enforcement of the right to speedy trial in Kambata Tembaro Zone. The study examines whether prosecutors in study area exercises their roles and mandates effectively and efficiently to ensure the enforcement of the right to speedy trial. To analysis this, researcher has collected data from different stake holders. Accordingly, the findings of the study shows that, prosecutors in study area faces many challenges in their endeavor to enforce the right to speedy trial .They fails to perform broad mandates given to them in the administration of criminal justice effectively and efficiently. Due to this, in study area, arrested or accused persons face unnecessary delay, prolonged detention and unlawful arrest