Justice in south wollo zone law and practice i suth wollo zone | Page 6

SECTION THREE; observing different court practice
3.1 Justice delay
The FDRE constitution and the criminal procedure code obliged the police
officer or the law enforcer to bring the suspect before a court within prescribed
time. Where the police investigation is not completed the investigating police
officer may apply for remand for sufficient time to enable the investigation to be
completed. 1 The Ethiopian criminal procedure code provides that no investigation
time shall be granted for more than 14 days on each occasion. But the code does
not restrict number of occasions. In the case between Hassen Mekonnen Bahiru
and the public prosecutor the suspects notified to the court that he has been kept
in Dessie rehabilitation center for one year and four months without any
prosecution or judgment.
In another case between the public prosecutor and Mohammed Adem, I
observed that he has been kept in custody for seven months without being
prosecuted by the prosecutor. From those two aforementioned cases I understand
that south wollo zone justice department is not carried out the investigation by
respecting the arrested person’s right to speedy trial. South wollo zone high court
is not ensuring the arrested persons right to speedy trial.
According to w/ro Messeret Alleme 2
“within 15 days of receiving the police report or receiving the record of
preliminary inquiry , the public prosecutor frame the charge and file it in
south wollo zone high court” 3 .
1
2
Art.59 of the criminal procedure code
Public prosecutor in south wollo zone justice department