Abstract:
The objective of the study is to examine and evaluate the implementation of bail right in
Gofa Zone. So as to attain such goal, the writer collected data by using interview, case analysis
and personal observation. The researcher made an interview with judges, prosecutors and
investigating police officers. The researcher also studied selected bail decisions or orders from
three first Instance or woreda courts and Gofa Zone high court. In addition, the researcher
personally observed real court cases in Sawla First Instance Court, Demba Gofa Woreda Courts
and Gofa Zone High Court in order identify and examine the implementation of the legal
grounds in granting and refusing bail, and also legal standards in setting the amount of bail rights
of criminal suspects/accused persons. Moreover, books, articles and proceedings are consulted.
Based on the collected data, the findings show that in some cases police officers failed to
implement bail right of the suspects with in prescribed statutory period of time even in minor
crimes, and also request repetitive remands without justifiable legal grounds. Regarding
implementation of bail right by the courts, improper use of legal grounds, unjustified reasoning
of the legal grounds and absence of any reasoning of legal ground specially refusing bail, and
also unjustified and insufficient employment of legal standards in setting the amount of bail.
Professional training for investigators and judges, providing guidelines for implementation of
grounds, adopting a system which provides information regarding social and economic
conditions of the suspects and an effort to amend legal provisions that confuse the professionals
believed to be solutions.
