| Although the 1995 Ethiopian Constitution has declared the establishment of "independent judiciary" and the country has ratified International Convention on Civil and Political Rights,which require fair trial by an independent judiciary,the independence of the judiciary,especially on criminal cases considered sensitive,has turn out to be the dominant issue among the public.Judges’ independence to control pretrial detention&protect from arbitrary arrest;and observing fair trial standards has remained major problems despite formally promised independence.The purpose of the study is to investigate the major reasons why the Ethiopian judiciary remains unable to realize the independence constitutionally guaranteed;through analyzing normative rules in a comparative approach&a careful interpretation of cases.The Thesis addressed questions including,would the institutional design of Judicial Administration Council enable it operate as independent institution free from executive control;is the system of appointment of judges based on pre-defined clear criteria&open,transparent procedure,free from executive influence;Whether removal of judges is based on clearly defined grounds,and other related issues.The Research has revealed that the institutional design of Judicial Administration Council,which is left to be determined by ordinary legislation,has not enabled it operate independently and autonomously free from executive control;rather it enabled the executive control or direct the judiciary on key aspects of the judicial operations,judicial appointment and dismissal.Frustration of court orders,unlimited power of the government to withdraw criminal charges massively after years of arrest,stripping the jurisdiction of courts and vesting on ad hoc tribunals has rendered the judiciary remain weak.Such political interference has resulted in a compliant judiciary,unable to stand as independent&autonomous institution.If the judiciary is to function independently as a third branch of the government,it requires a political commitment to a genuine reform. |
