Enforcement of Non-Custodial Sentencing Options Law in Ethiopia: the Practice of Kembata Tembaro Zone

Abstract

Punishment is a fundamental fact of human life that is exercised for different purposes. Criminal punishments are punishments imposed as a response to crime across the world. They have different forms. Such as; imprisonment, death sentence, fines, community service, suspension of penalty, etc. Traditionally, imprisonment and the death penalty are exercised mainly as common means of criminal punishment. Even though NCSOs are the existing forms of punishment and not a newly emerged concept, their application and enforcement are highly influenced by the habitual practice of dependence on imprisonment. In Tokyo rules international community agreed to promote alternative sentencing measures to avoid the dependence and devastating effects of imprisonment. These alternatives are; fine, community service, suspension of penalty, probation, admonishment… etc. These NCSOs are also incorporated in Ethiopia having different status naming; pecuniary penalties, compulsory labor, suspension of penalty, probation, cautions, reprimands, admonishment, coerced apologies, and the deprivation of civil rights. Among the alternatives fine sentences, compulsory labor, and suspension of penalty are focused on for this study. Fine is the most frequently-imposed pecuniary sanction that can be imposed as a sole, alternative to simple imprisonment or in conjunction with imprisonment. Compulsory labor is the other alternative incorporated into the criminal code for crimes punished with simple imprisonment of not more than three years. The offender can be sentenced to perform service or work in the community on a compulsory base. It can be ordered as a direct or indirect alternative to imprisonment. The third alternative is the suspension of the penalty. It has two forms. Such as; suspension of the pronouncement of the penalty and suspension of the enforcement of the penalty. Even though these NCSOs are incorporated in the FDRE Criminal Code, they are suffering different problems with application and enforcement. Therefore, the main objective of this study is to examine the enforcement of NCSOs laws in the Kembata Tembaro Zone. To achieve this objective, this researcher has employed both doctrinal and non-doctrinal research methods. In the doctrinal approach of data collection, both primary and secondary sources are analyzed thoroughly. For the non-doctrinal part, the methods of data collection used were interviews and investigation of court files. Accordingly, the researcher has found the following normative, institutional, and practical problems. Normatively, NCSOs are not sufficiently regulated in Ethiopia. The specific part of the criminal code has not provided compulsory labor and suspension of penalty as an alternative to an imprisonment-like fine, rather leaving it to the discretion of courts. The law has not set a minimum standard to order these alternatives. The law also has not provided the nature of works of compulsory labor, duration of works & breach of compulsory labor. The specific law of enforcing punishments has not been established according to Art. 210 of the Criminal Code. There is no clarity concerning the procedure of enforcing properties secured & seized to ensure payment during fine default. Institutionally, there is no responsible organization established to enforce the NCSOs law. The application & enforcement of these NCSOs has not been promoted. Compulsory labor and suspension of pronouncement of penalty are not practiced at all. There is also a big gap in enforcing fine sentences during fine default and suspension of enforcement of the penalty. Therefore, both the Criminal law and revised sentencing guidelines should be revised having sufficiently incorporated NCSOs. Specific laws of enforcement of penalties should be stipulated. Institutions authorized to enforcement of NCSOs shall be organized. Supervision and monitoring of the offender should be made through this organ. Awareness of NCSOs should be given to judges frequently