Bail Under Ethiopian Law

Bail is a Principle. The right of an accused person to be released on bail is a fundamental constitutional right (Art. 19(6)) rooted in the presumption of innocence (Art. 20(3)). Restrictions on this right must be interpreted narrowly and applied cautiously.

==================

CPC Art. 67(a) permits bail denial if the court believes the accused will likely not fulfill their obligations. However, the court must arrive at this conclusion based on sufficient reasons and evidence (በቂ ምክንያትና መረጃ ላይ ተመስርቶ) and not arbitrarily (በዘፈቀደ).

=================

Severity of Punishment is Insufficient. The fear of a heavy sentence (ቅጣትን መፍራት) is a general factor, not a specific, adequate justification to determine that the particular accused individual will fail to appear. Denying bail solely on this basis, without other specific reasons demonstrating flight risk, is improper.

=================

The right to move within the country and establish residency (Art. 32) is also guaranteed. Insufficient Basis for Denial: An individual’s status as a resident of another area (የሌላ ቦታ ነዋሪ መሆናቸው) or their occupation (driver) cannot, in isolation, serve as a sufficient reason to deny the fundamental right to bail.

===================

•