The Rights of Individuals’ Freedom from Arbitrary Arrest and Detention Appraisal of the Law and Practices in North Gondar Zone Dabat Woreda

Abstract

The idea of freedom from arbitrary arrest and detention as a concept has a long history in the human rights law. Especially after world war second the world community has change its attention for the protection of human rights. Under International, Regional and Domestic human rights systems individuals have freedom from arbitrary arrest and detention. The main purpose of this thesis is appraising and explore the rights of individuals freedom from arbitrary arrest and detention the law and the practice in North Gondar Zone Dabat Woreda. To accomplish this study the researcher has been employed mixed type of research that were both qualitative and quantitative for the qualitative type in-depth interview and for the quantitative method it has been employed survey research with questioner. Purposive sampling has been employed in the selection of police offices and participants of the study for both the interview and questioner. In this study 65 arrested and detained persons, 1 judge, 2 public prosecutors and 2 investigative police officers were participated. The findings shows that in the study area individuals are arrested and detained by unauthorized bodies, local militias,kebelechairmems and by the police officers without any arrest court warrant for those crimes that need a written court warrant,After the arrest they remaind in custody for a prolonged time without any legal reason even without remand. The justice sectors in the study area are not working properly in the protection of human rights of the suspected, arrested and detained persons as provided by law. Courts have failed to give due care when remand is questioned by the investigative police officers and simply give a prolonged remand without any consideration of the degree of crime and the investigation process. The public prosecutor office is not go with its authority as a leader of the crime investigation process of the police department and the other findings is the absence of legal remedies in the practice. Finally possible recommendations are mentioned.