All Federal and State legislative, executive and judicial organs at all
levels shall have the responsibility and duty to respect and enforce the
provisions of this Chapter.
The fundamental rights and freedoms specified in this Chapter shall be
interpreted in a manner conforming to the principles of the Universal Declaration
of Human Rights, International Covenants on Human Rights and International
instruments adopted by Ethiopia.
PART ONE
HUMAN RIGHTS
Article 14
Rights to life, the Security of Person and Liberty
Every person has the inviolable and inalienable right to life the security
of person and liberty.
Article 15
Right to Life
Every person has the right to life. No person may be deprived of his
life except as a punishment for a serious criminal offence determined by
law.
Article 16
The Right of the Security of Person
Every one has the right to protection against bodily harm.
Article 17
Right to Liberty
No one shall be deprived of his or her liberty except on such grounds and
in accordance with such procedure as are established by law.
No person may be subjected to arbitrary arrest, and no person may be detained
without a charge or conviction against him.
Article 18
Prohibition against Inhuman Treatment
Everyone has the right to protection against cruel, inhuman or degrading
treatment or punishment.
No one shall be held in slavery or servitude. Trafficking in human beings
for whatever purpose is prohibited.
No one shall be required to perform forced or compulsory labour.
For the purpose of sub-Article 3 of this Article the phrase "forced or
compulsory labour" shall not include:
(a) Any work or service normally required of a person who is under
detention in consequence of a lawful order, or of a person during conditional
release from such detention;
(b) In the case of conscientious objectors, any service exacted in
lieu of compulsory military service;
(c) Any service exacted in cases of emergency or calamity threatening
the life or well-being of the community;
(d) Any economic and social development activity voluntarily performed
by a community within its locality.
Article 19
Right of Persons Arrested
Persons arrested have the right to be informed promptly, in a language
they understand, of the reasons for their arrest and of any charge against
them.
Persons arrested have the right to remain silent. Upon arrest, they have
the right to be informed promptly, in a language they understand, that
any statement they make may be used as evidence against them in court.
Persons arrested have the right to be brought before a court within 48
hours of their arrest. Such time shall not include the time reasonably
required for the journey from the place of arrest to the court. On appearing
before a court, they have the right to be given prompt and specific explanation
of the reasons for their arrest due to the alleged crime committed.
All persons have an inalienable right to petition the court to order their
physical release where the arresting police officer or the law enforcer
fails to bring them before a court within the prescribed time and to provide
reasons for their arrest. Where the interest of justice requires, the court
may order the arrested person to remain in custody or, when requested remand
him for a time strictly required to carry out the necessary investigation.
In determining the additional time necessary for investigation, the court
shall ensure that the responsible law enforcement authorities carry out
the investigation respecting the arrested person’s right to a speedy trial.
Persons arrested shall not be compelled to make confessions or admissions
which could be used in evidence against them. Any evidence obtained under
coercion shall not be admissible.
Persons arrested have the right to be released on bail. In exceptional
circumstances prescribed by law, the court may deny bail or demand adequate
guarantee for the conditional release of the arrested person.
Article 20
Rights of Persons Accused
Accused persons have the right to a public trial by an ordinary court of
law within a reasonable time after having been charged. The court may hear
cases in a closed session only with a view to protecting the right to privacy
of the parties concerned, public morals and national security.
Accused persons have the right to be informed with sufficient particulars
of the charge brought against them and to be given the charge in writing.
During proceedings accused persons have the right to be presumed innocent
until proved guilty according to law and not to be compelled to testify
against themselves.
Accused persons have the right to full access to any evidence presented
against them, to examine witnesses testifying against them, to adduce or
to have evidence produced in their own defence, and to obtain the attendance
of and examination of witnesses on their behalf before the court.
Accused persons have the right to be represented by legal counsel of their
choice, and, if they do not have sufficient means to pay for it and miscarriage
of justice would result, to be provided with legal representation at state
expense.
All persons have the right of appeal to the competent court against an
order or a judgment of the court which first heard the case.
They have the right to request for the assistance of an interpreter at
state expense where the court proceedings are conducted in a language they
do not understand.
Article 21
The Rights of Persons Held in Custody and Convicted Prisoners
All persons held in custody and persons imprisoned upon conviction and
sentencing have the right to treatments respecting their human dignity.
All persons shall have the opportunity to communicate with, and to be visited
by, their spouses or partners, close relatives, friends, religious councilors,
medical doctors and their legal counsel.
Article 22
Non-retroactivity of Criminal Law
No one shall be held guilty of any criminal offence on account of any act
or omission which did not constitute a criminal offence at the time when
it was committed. Nor shall a heavier penalty be imposed on any person
than the one that was applicable at the time when the criminal offence
was committed.
Notwithstanding the provisions of sub-Article 1 of this Article, a law
promulgated subsequent to the commission of the offence shall apply if
it is advantageous to the accused or convicted person.
Article 23
Prohibition of Double Jeopardy
No person shall be liable to be tried or punished again for an
offense for which he has already been finally convicted or acquitted in
accordance with the criminal law and procedure.
Article 24
Right to Honour and Reputation
Everyone has the right to respect for his human dignity, reputation and
honour.
Everyone has the right to the free development of his personality in a
manner compatible with the rights of other citizens.
Everyone has the right to recognition every where as a person.
Article 25
Right to Equality
All persons are equal before the law and are entitled without any discrimination
to the equal protection of the law. In this respect, the law shall guarantee
to all persons equal and effective protection without discrimination on
grounds of race, nation, nationality, or other social origin, colour, sex,
language, religion, political or other opinion, property, birth or other
status.
Article 26
Right to Privacy
Everyone has the right to privacy. This right shall include the right not
to be subjected to searches of his home, person or property, or the seizure
of any property under his personal possession.
Everyone has the right to the inviolability of his notes and correspondence
including postal letters, and communications made by means of telephone,
telecommunications and electronic devices.
Public officials shall respect and protect these rights. No restrictions
may be placed on the enjoyment of such rights except in compelling circumstances
and in accordance with specific laws whose purposes shall be the safeguarding
of national security or public peace, the prevention of crimes or the protection
of health, public morality or the rights and freedoms of others.
Article 27
Freedom of Religion, Belief and Opinion
Everyone has the right to freedom of thought, conscience and religion.
This right shall include the freedom to hold or to adopt a religion or
belief of his choice, and the freedom, either individually or in community
with others, and in public or private, to manifest his religion or belief
in worship, observance, practice and teaching.
Without prejudice to the provisions of sub-Article 2 of Article 90, believers
may establish institutions of religious education and administration in
order to propagate and organize their religion.
No one shall be subject to coercion or other means which would restrict
or prevent his freedom to hold a belief of his choice.
Parents and legal guardians have the right to bring up their children ensuring
their religious and moral education in conformity with their own convictions.
Freedom to express or manifest one’s religion or belief may be subject
only to such limitations as are prescribed by law and are necessary to
protect public safety, peace, health, education, public morality or the
fundamental rights and freedoms of others, and to ensure the independence
of the state from religion.
Article 28
Crimes Against Humanity
Criminal liability of persons who commit crimes against humanity, so defined
by international agreements ratified by Ethiopia and by other laws of Ethiopia,
such as genocide, summary executions, forcible disappearances or torture
shall not be barred by statute of limitation. Such offences may not be
commuted by amnesty or pardon of the legislature or any other state organ.
In the case of persons convicted of any crime stated in sub-Article 1 of
this Article and sentenced with the death penalty, the Head of State may,
without prejudice to the provisions here in above, commute the punishment
to life imprisonment.