Examining the Duty of the Police in the Enforcement of Human Rights during Pre-trial Stages of Criminal Proceedings: The Case of Konso Zone, SNNPR of Ethiopia

Abstract

It is well known that human rights impose on states and their agent‟s general duties such as: the duty to respect, the duty to protect and the duty to ensure and fulfill. However, they are not limited to the general duties alone rather they also lay specific duties which require daily observation of State (government). Thus, law enforcement officials as state gents are primarily under responsibility to enforce the specific duties of the human rights. Therefore, this study is aimed at to examining the practical implementation of the police duties of human rights (rights of suspects) during pre-trial stages of criminal proceedings. Hence, the study is carried out in four police station detention centers found in Konso Zone. the study employed qualitative research method. Therefore, data for the study were collected both from primary and secondary sources. Interviews, Focus group discussion and participant observation used as tools to collect data from primary source. And different literatures, government documents and legal documents are reviewed to acquire secondary data. Interview and focus group discussion were made with key informants; suspects, investigating police officers (including heads), attorneys, judges and advocates. In interview and FGD a total of 52 respondents are participated. To draw a sample representation from the existing population I have used both simple random sampling and purposive sampling. The study find out that there is serious problem in the enforcement of the police duty in the all the selected police stations of the area of the study. The major challenges for the improper implementation of the duty of police among others are; gap of knowledge which emanates from the lack of awareness about the law and human rights standards, lack of motivation, lack of adequate budget and work interference (from both internal and external). As a result, police is not effectively enforcing his duty of human rights both during arrest and detention as required by the law. For instance; criminal suspects are not brought before court in the specified period sought by the law, suspects are not notified their fundamental rights (the right to remain silent and the right to legal counsel) and high practice of prolong pre-trial detentions are thre over the area. Treatment in the detention centers is also full of problem due to the above mentioned challenges. Finally, up on the findings the researcher recommended amongst: government should prepare trainings on human rights of suspects to enhance the police knowledge of substantive and procedural laws of human rights, government must allocate adequate budget to minimize the problem of separation of treatment of detainees and other related problems vi and unnecessary interference should be avoided to enable police to work freely as per the procedures under the law.