Ethiopia’s Criminal Justice System relating to Children in Conflict with the Law: Interrogating the Legal Framework on Measures and Penalties

Abstract

This article critically examines the provisions of the Criminal Code governing measures and penalties relating to children in conflict with the law in light of the principles of ‘detention or imprisonment as a measure of last resort’ and ‘for the shortest period’. The assessment shows that the Ethiopian criminal justice system does not adhere to the principle of ‘detention as a measure of last resort’ since corrective detention and home arrest are measures of first resort. Imprisonment on the other hand is a measure of last resort as it applies after the failure of the measures for the most serious crimes and if the child is incorrigible. The system is not designed to ensure full compliance with the principle of ‘detention or imprisonment for the shortest appropriate period’. The article also identifies lack of clarity in the provisions of the Code which can exacerbate the preceding problems. Therefore, the Criminal Code provisions need revision to adhere to the principles and must clarify the existing provisions.