Determination and Enforcent of Penalties And Measures On Young Offenders in Kafa Zone, South Nations, Nationalities and Peoples Regional State of Ethiopia

Abstract

For the purpose of this research Young offenders are persons under the age of eighteen but above nine who are involved in criminal offences. Unlike adult offenders, they are required to be treated in special and separate procedures owing to their immaturity to take criminal responsibility and for being vulnerable social groups to defend themselves. Both national laws such as FDRE constitution, FDRE criminal code, CPC, SNNPR constitution, etc and international laws like CRC, ICCPR and other international standards have incorporated the same notion where persons under the same classes are required to be treated in special way. The purpose of juvenile justice is to hold young people accountable by imposing measures that have meaningful consequences for them and that promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public. Therefore, persons who involve in the notion of juvenile cases should have the knowhow about the purpose of juvenile justice system. When young offenders are involved in criminal acts they shall be taken immediately to the nearest court who shall direct the issue of commencement of investigation and framing of charge on them. Having considered the immature mind set up of juveniles alternative measures are advisable and imposition of penalty should be taken as the last resort if the alternative measures are not effective and it shall be enforced in strict segregation from adult offenders. The researcher assessed the determination and enforcement of measures and penalties in kafa zone through questionnaires, interviews, field observation and document analysis. Judges, public prosecutors, investigating police officers, administrators of Bonga correction center and young offenders in the correction center are participated as respondents in data collection. Data collected from the study area shows that there is clear violation of laws dealing with juvenile justice by persons involved in the cases of young offenders. While the law requires the authorization of court to begin investigation and to frame charge on young offenders, most cases are conducted without this authorization. The requirement of law to try cases of young offenders in separate trial and separate accommodation is not strictly obeyed. Both in police stations and in correction center, young offenders are imprisoned with adult offenders due to the absence of separate accommodation. Alternative measures are also not taken as a primary option. Therefore, the researcher has suggested the corrective measures to be taken to tackle the problems through awareness creation programs for justice actors and effective implementation of laws and standards to make rehabilitation of young offenders sound and achieving its goal.