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This study scrutinizes whether or not the mass arrests of 2022 conducted in the Amhara region was
carried out in line with the lawfulness and non-arbitrariness preconditions for depriving liberty right.
Qualitative research design was employed. Although the right to liberty guarantees freedom from
unlawful and arbitrary deprivation of liberty, mass arrests were conducted in an arbitrary fashion.
Neither regular enforcement procedures nor an emergency decree was in place to support the measure.
The road to arbitrary deprivation of liberty is not long, rocky, or full of detours, and more often than not
blocked. Procedural safeguards were more often breached than observed. It was a sobering illustration
of how laws on paper can remain empty promises. Under the guise of maintaining peace and security, the
measure depicted the whim of a few officials that were aimed at obstructing dissenting views. The study
reveals that Ethiopia’s legal system is ill equipped to protect the right to liberty as no effective remedies
are provided for victims who are unlawfully and arbitrarily deprived of their liberty. Despite the right to
liberty presumes in favor of release, automatic and excessive bail conditions are incorporated into
numerous laws that jeopardize the essence of the right. Despite the immense importance of the Optional
Protocol of ICCP, Ethiopia has not ratified it, which would allow an individual to make a claim to the
Human Rights Committee. The study recommends that law enforcement bodies should deprive the right to
liberty in accordance with grounds and procedures established by law. The legislature should minimize
bail conditions and repeal automatic bail denial provisions. Compensation and an effective procedure
should be available for victims |
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