Abstract:
The right to a speedy trial of accused persons is recognized under Art. 20 (1) of the FDRE
constitution and Art. 21 (1) of the constitution of National Regional State of Tigray. The
right is also recognized under international and regional human rights instruments, in
particular, Art. 14(3)(c) of ICCPR and Art. 7(1)(d) of the African charter. The right to a
speedy trial plays a significant role by balancing two competing interests that infuse the
criminal justice system; the search for the truth and the need to protect procedural rights
of the accused throughout the process. The right to a speedy trial merges these interests by
protecting the presumptively innocent accused persons from prolonged, oppressive
incarceration that might result from delayed proceedings and by providing fresher
evidence that will help the search for the truth.
The right activates with an institution of criminal charge against a person. But, if the person
is arrested before he is charged, the right starts to operate upon detention. Compared to
other rights of criminal defendants, the right to speedy trial is vague concept because speed
of criminal proceedings cannot be defined objectively. What constitutes a ‘reasonable’ time
of proceedings differs according to the nature and circumstances of the case in dispute,
such as the complexity of the case, the conduct of the parties, what is at stake for the
applicant and the handling by the authorities.
When we see the scope and implementation of the right to a speedy trial in Tigray region,
it is being attacked through delays that occur at different stages of the criminal process.
Various defective practices during investigation, prosecution and litigation have caused
extended period of trials. Absence of legally prescribed time framework to finalize each
stage of the criminal process and lack of consistently used criteria to determine
reasonableness of time of proceedings have made justice actors reluctant in conducting
speedy trials. Courts of the region are far from applying international human rights law.
This has resulted in violation of not only the right to speedy trial, but also the right to a fair
trial of accused persons.
Key words/phrases: right to speedy trial, reasonable time, arrested/accused persons,
criminal proceedings, FDRE constitutio