EthioLawInfo

Abstract  Although Ethiopia’s public prosecution is a recent development, continuous changes have been made since the first public prosecution department was established. While the prosecution service has been wavering between centralized prosecution department at times and specialized prosecution institutions in another, a new comprehensive prosecution department – the Federal Attorney General has been recently established in the federal government taking almost all prosecution powers to it. This article briefly reviews the historical development of the prosecution department, the ups and downs between centralized and specialized prosecution institutions and the new developments related to the establishment of the Federal Attorney General as a comprehensive prosecution institution. Key Words Public Prosecution, Specialized Prosecution Institutions, Centralized Prosecution, Ethiopia

1.መግቢያ           መንግስታት ስራቸውን ለማከናወን የሚያስፈልጋቸውን ገንዘብ ለማመንጨት ግብር ይጥላሉ፣ ይሰበስባሉ፡፡ ግብር የሚጣለውም ህግ የማውጣት ስልጣን ባለው የመንግስት ኣካል በተደነገገ ህግ መሰረት ነው፡፡ መንግስታት ግብር በሚጥሉበትና በሚሰበስቡበት ጊዜ ታድያ በመንግስትና በግብር ከፋዩ ህብረተሰብ መካከል ግጭት/ኣለመስማማት እንዳይከሰት በኣንድ በኩል የግብር ሰብሳቢው የመንግስት ኣካል ስልጣንና ተግባራት እንዲሁም ግዴታዎች ምንድን ናቸው? በሌላም በኩል የግብር ከፋዮች መብቶችና ግዴታዎችስ ምንድን ናቸው? የሚለው ተለይቶ መታወቁ ጠቃሚ ነው፡፡

የፌዴራል ፍ/ቤቶች ችሎቶች አንድን የፍትሐብሔር ቀጥታ ክስ ሲመለከቱ የሥነ ሥርዓት ሕጉን በመንተራስ የሚተገብሯቸው ዋና ዋና ተግባራት 1.ፍ/ቤቱ የቀረበለትን ጉዳይ ለመዳኘት ሥልጣን ያለው መሆኑን መመርመር፣ 2.ጉዳዩ የክስ ምክንያት ያለው መሆኑን መመርመር፣ 3.መዝገቡን መርምሮ ተከሣሽ መልስ ሊያቀረብ የሚገባ መሆንና አለመሆኑን መመርመር ፣ 4.የክስ መቃወሚያ ካለ መስማት፣ 5.በመቃወሚያ ላይ ብይን መስጠት፣ 6.በፍሬ ጉዳይ ላይ ክስ መስማት፣ 7.ምስክር መስማት፣ 8.ውሣኔ/ ፍርድ መስጠት፣ ከላይ የተጠቀሱት ሂደቶች በቀላል፣ መካከለኛና ውስብስብ የፍትሐብሔር ጉዳዮች የሚተገበሩ ሊሆኑ ይችላሉ፡፡ / ምንጭ ፡-ለውይይት የቀረበ የዳኝነት አገልግሎት አሰጣጥ ስታንዳርድ 2ዐዐ7/

Nowadays,documents submitted to employers as evidence of education and work experience,driving licenses,ID cards,certificates of ownership,business licenses,etc are prepared in a forged way.Such forged documents are often submitted to courts and administrative tribunals as evidence resulting in miscarriage of justice.So,all of us have to fight against this threat to our justice system.The Federal Police forensic directorate documents investigation department is making a great contribution in fighting forgery. Each and every one of us should also contribute our share in fighting forgery.Otherwise,injustice will triumph over justice.What is your opinion on the issue?

በሐምሌ/2008 እንዳዲስ በወጣው በአዋጅ ቁጥር 979/2008 መሰረት ከመቀጠር ከሚገኝ ገቢ ግብር ስሌት የሚሰላው እንደሚከተለው ነው፡፡ (As per income tax proclamation no 979/2016,the tax rate for income gained from employment looks like this.)

Day in and day out,a lot of text messages pop into our mobile phones. These are not from family or friends. Some of the text messages are sent from the telecom operator ,Ethiotelecom;Others are sent from government offices to convey a certain message and others are sent from organizations that run ads.,etc...Whoever is the sender,there is no a request given by us to get these messages. We are rarely asked whether or not we are interested to receive such messages.Nor anyone of us has given permission to the senders to send messages to our phones. In my opinion,our phones are ours;your phone is yours.So sending unsolicited text messages may amount to infringement of our privacy rights something like somebody entering our house without permission.The problem related to this issue is that there is no a clear law which directly regulates such privacy issues. I think it needs regulation.What is your opinion on the issue?

It is a common complaint in Ethiopia that some police officers violate human rights of suspects and/or sentenced persons. Our FDRE constitution has clear provisions concerning the human rights of suspects and even of convicted and sentenced persons.For example,use of force to get evidence is prohibited because torture is a crime against humanity. Even evidence found by use of force has no acceptance.Ethiopia has accepted all basic international human rights treaties and incorporated them to be part and parcel of the constitution. Even though the law is clear,some police members violate it and violate human rights.Some do so out of lack of awareness;some do this out of lack of the proper criminal investigation skills and some do so just to abuse their power.Law enforcement should be done respecting constitutionally guaranteed human rights and following the legal procedures in the criminal procedure code.Otherwise,it is unconstitutional.It must be corrected in the new year!What is your…

As it is well known,lawyering is not a solid for profit business.It is rather a profession by which the lawyer gives legal advice representing clients at courts of law or administrative tribunals and in return,gets remuneration or payment for the services delivered.Even though payment of money is involved in the contract of service,it doesn't mean a lawyer needs payment in every case.Since lawyering is a profession one pursues to stand for justice,lawyers must give free legal service to those who can't afford to pay.Actually,it is being done in Ethiopia too.In Ethiopia,every federal lawyer must give 50 hours of free service to those who can't pay.But the problem is not on the time or hours spent but the problem of not giving equal weight to paid and free services.If it is free service,some lawyers prepare poor statements of claim and/or defense,miss court sessions and and even if they appear,they come unprepared.This is unethical. It needs correction.What is your opinion …