Pretrial publicity vis-à-vis fair trial right of Accused in criminal justice system of Ethiopia: case Oriented study

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.