Protection of accused persons with hearing and speech disabilities under the Ethiopian criminal justice system

Abstract

Human rights are protected by all human beings by birth without any discrimination on any grounds. Despite this, equal application of the national, regional, and international human rights and fundamental freedoms standards have been hardly observed to persons with disabilities in general and accused persons with hearing and speech disabilities (PHSDs) in particular. Since the criminal justice system operates by the vehicle of oral communication, suspects or accused PHSDs require special attention to ensure equal enjoyment of their due process rights. The purpose of this study is therefore to examine the normative and practical mechanisms the Ethiopian criminal justice system put in place to meet the appealing interests of PHSDs. The findings of the study indicate criminally suspected and accused PHSDs hardly exercise their due process rights in the criminal justice system of Ethiopia. The attributing factors for this emanate from failure of the legal frameworks to outline effective enforcement schemes, poor commitment of law enforcing bodies to carry out their mandate in line with the ascription of laws, and personal factors such as illiteracy. With the aggregate effects of these circumstances, arrested PHSDs do not effectively enjoy the rights incorporated in the Miranda Warnings. Accused PHSDs cannot also exercise the rights safeguarded to accused persons on an equal basis with others. This empirical study, inter alia, examines the rights of suspected PHSDs from investigation to conviction by assessing the normative protections and practices by employing a qualitative research methodology.