Human Rights and Justice Studies

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.