The Legal Regime Governing Criminal Trials in Absentia under Ethiopian Law: A Threat to the Right to a Fair Trial

Abstract

Despite countervailing arguments as to trial in absentia, nations recognize it on exceptional grounds. The ICCPR under Article 14(5) unequivocally recognizes the right to presence of an accused before a trial. In civil law legal systems, trial in absentia takes place as an ordinary procedure, so long as the accused is informed and fails to appear. Whereas, the common law countries outlawed trial in absentia as a principle due to the fear that it endangers the right to fair trial. Overall, trial in absentia may be held exceptionally upon the fulfillment of justified grounds. This study explores the regulation of trial in absentia under the Ethiopian criminal law and controversies therein. To this end, the study employed a doctrinal legal research methodology. The study argues that although the criminal procedure code recognizes trial in absentia under article 160 and the following, the requirements are controversial in its practical application. Furthermore, the procedures to deliver summon for the accused are also vague. Moreover, in contrast to international jurisprudence, the Ethiopian law kept silent as to disruptive behavior of an accused and the effect of partial presence. Finally, the study explores that though the accused has the right to lodge an application to set aside a default judgment, the decision on the application is final and non-appealable. This may potentially undermine the accused's right to a retrial. In sum, the criminal procedure code controversially governs trial in absentia, and consequently may jeopardize the right to fair trial.