The Ethiopian Ministry of Justice has provided a detailed clarification regarding the legal protections and immunity granted to candidates participating in the upcoming 2017 (E.C.) national elections. According to the Ethiopian Electoral, Political Parties Registration, and Election Ethics Proclamation, candidates are generally protected from arrest, detention, and prosecution throughout the duration of the electoral process.
Speaking to Tikvah Ethiopia, Mr. Tegene Trife, the Legal Drafting Coordinator at the Ministry of Justice's Legal Study and Drafting Directorate, explained that these protections are designed to allow candidates to promote their policies and engage with the electorate without fear of intimidation or legal harassment. However, he noted a critical exception to this rule: candidates can still be prosecuted if they are caught 'red-handed' (in flagrante delicto) committing a serious crime.
"The proclamation grants candidates the right to introduce their ideas and policies to the voting public without fear," Mr. Tegene stated. "Cases involving crimes not caught in the act can only be prosecuted after the election results are officially announced."
The legal framework also addresses the status of candidates who successfully win their seats. Once a candidate is confirmed as a member of a council (parliament), they transition from candidate immunity to parliamentary immunity. Under this status, they cannot be arrested or prosecuted unless their immunity is formally lifted by the respective council, except in cases where they are caught in the act of committing a grave offense.
Furthermore, the Ministry of Justice emphasized the importance of institutional neutrality during the election cycle. Mr. Tegene highlighted that the Ministry is responsible for monitoring and enforcing the restrictions laid out in the proclamation. A key component of this is the neutrality of legal professionals; prosecutors and legal experts are strictly prohibited from being members of any political party or running as candidates themselves. This restriction is intended to ensure that they perform their duties free from political influence.
While acknowledging that the leadership of the Ministry of Justice consists of executive officials who may have political affiliations, Mr. Tegene reassured the public that the professional staff and prosecutors act as public servants. He maintained that they conduct investigations and file charges based on professional knowledge and evidence, in collaboration with the police, without external interference. The Ministry's primary role remains ensuring that the immunity rights of candidates are respected by all law enforcement agencies, including the police and the prosecution service.
Source: Telegram / tikvahethiopia