Abstract:
It is almost more than 27 years since freedom of expression and the right to fair trial of the
accused has been proclaimed as one of the fundamental rights and freedoms recognized in the
FDRE Constitution. Both freedom of the press and the right to fair trial of the accused are
imperative to democracy in that the former maintains an informed public and the latter protects
the rights of the accused. Therefore, when Courts enforce fair trial right of the accused, it is
expected to enforce this right in the way that does not endanger the enjoyment of freedom of
expression. Although numerous cases (that clearly gave rise to issues implicating freedom of
expression and fair trial right of the accused) have been entertained in our courts, we have yet to
develop a body of standards, tests and doctrines pertaining to balancing of freedom of expression
and the right to fair trial. This void of constitutional jurisprudence of enforcing of fair trial right
of the accused can indeed undermine freedom of expression.
Criminal trials of high profile accused persons such as Juwar Mohammad Siraj and Getacho
Asefa easily show Courts void approach in enforcing or balancing of freedom of expression and
fair trial right of the accused. Courts have shown a tendency to protect the right to “fair trial of
the accused” despite the negative effect of such decision on freedom of expression.
