The Development of Modern Criminal Justice Processes and Institutions in Ethiopia (1907-1974): An Overview

Abstract

This note briefly discusses the institutional and process developments in Ethiopia’s modern criminal justice. There is a close relationship between political administration and justice administration considering the issue of judicial independence in a historical context. The year 1907 is taken as a starting point in the development of criminal norms and institutions because the Ministry of Justice was established and Afe Negus Nesibu was appointed Minster of Justice. The institutional and normative developments in this period were merely reactive to problems. Twelve judges were appointed to help the Minster of Justice who was entrusted to see all the cases by himself. Procedural rules were introduced as schedules in order to manage the inflow of cases. The enactment of the 1930 Penal Code helped judges determine sentences rather than sending convicts to the governor for sentencing. Regulation of appeal and preliminary processes such as providing a copy of judgement were introduced. The second phase in Ethiopia’s modern criminal justice system started from 1941 onward because this year is a landmark for the establishment of modern legislation and modern criminal justice institutions. The police were established as an investigation institution that executes orders given by the court. Prison was established signaling imprisonment as a mode of punishment. The prosecution institution was established under the Ministry of Justice. Thereafter, several substantive and procedural rules have been adopted governing the initiation of cases, summons, evidence, judgement and appeal. The last institution established during this period was the judicial organ.