The Rights of Child Offenders in Ethiopia: A Case Comment on the Federal Supreme Court Cassation Decision on Admasu Ageze Vs. ANRS Prosecutor

Abstract

Children who committed a crime are entitled to special rights needed by their condition. These rights are contained in various international and regional standards including the Convention on the Rights of the Child (CRC)1 and the United Nations Standard Minimum Rules on the administration of Juvenile Justice (Beijing Rules).2 These rights pertain to the due process rights, measures and penalties that are appropriate for or prohibited against child offenders. The same is true in the Ethiopian child justice system. The Criminal Procedure and Criminal Code have separate sections that are specific to children aged nine to fifteen. Thus, the purpose of this commentary is to analyze the decision of the Federal Supreme Court in the Case between Admasu Ageze vs ANRS prosecutor in light of these standards and the provisions of the Codes. The issues involved are the circumstances under which imprisonment can be imposed on a child; the legality of suspension of imprisonment; the problem with the issue framed by the Bench; the choice of the appropriate measure that could be imposed on the child; the right to court-appointed counsel; and the right to privacy.