THE APPLICATION OF FINE AND COMPULSORY LABOUR AS ALTERNATIVES TO IMPRISONMENT IN GAMO AND GOFA ZONES

Abstract

The significance of alternatives to imprisonment has greatly enlarged and acquired substantial support in the modern criminal justice system. The Ethiopian criminal code explicitly incorporates both fine and compulsory labor as a principal punishment mainly for minor crimes. The criminal code makes fine one of the principal punishments and it is imposed either as a stand-alone punishment or in combination with imprisonment. Compulsory labor is also incorporated as a direct punishment for crimes which is punishable by less than six months imprisonment as well as an indirect punishment in case of fine default. In this paper the author examines the application of alternatives to imprisonment in Gamo and Gofa zones, paying particular attention to fines and compulsory labour. Hence, this study seeks to locate fine and community service as a penal sanction in its current context in Gamo and Gofa zones, to identify influencing factors, and determine the way forward. To achieve the objectives the study employed a qualitative research approach and both primary and secondary data sources were used. Informants were chosen purposively up to the criterion of saturation. Interviews, FGD, and case analysis are used as data collection tools. This study unveils that compared to compulsory labor, judges in the study area imposed fine frequently as a stand- alone punishment. Despite its utilization, fine is encumbered with many problems. The court's high reliance on fines as a sanction, lack of consistency in the amount of the fine imposed, and the lenient statutory maxima under the code are some of the challenges. Data generated by the qualitative research suggests that, though community service is available as a principal punishment under the FDRE criminal code, it is under-utilization. The reasons for the rare application of the scheme in the study area are, normative, institutional as well as practical. Normatively, lack of a mechanism to ascertain suitable work, absence of explicit provisions regarding working days, a minimum and maximum hour of work, duration of compulsory labor in case of fine default, and, a constituent of CSO breach and its consequence can be raised. Practically, the perception of judges regarding CSO as a soft punishment as well as cumbersome to execute, the knowledge gap among judges regarding its imposition and execution, lack of awareness on the side of the host institution as well as the prejudicial perceptions of the public about CSO are some of the challenges that negatively affect the application of the scheme. Among these problems, the most pressing challenge in the application of compulsory labor is the absence of institutional arrangements to enforce the scheme. To this end and to improve the application of those schemes’ consideration should be given to revising the range of offenses that carry minimum sentences as well the statutory maxima under the criminal code should be revised and a Cso law should be enacted that establishes a national enforcement organ and regional states should also establish an institution that implements CSO.