Addis Ababa, Ethiopia

• Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
• It is not a good idea to touch the officers. Keep your hands where the police can see them.
• It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully.

a. Can the police arrest you for refusing to answer questions?

No, the police cannot arrest you solely for refusing to answer questions. You have the right to remain silent and cannot be forced to testify against yourself. You cannot be punished for refusing to answer a question. (Article 19 of the FDRE Constitution: Ethiopia_Constitution.pdf)

b. What if the officers do not identify themselves?

Ethiopia does not have any specific guidance on whether police must identify themselves, or what happens if they do not identify themselves.

c. What if an officer just begins speaking to me but does not order me to do anything?

You do not need to respond. You have the right to remain silent and cannot be forced to testify against yourself. (Article 19 of the Ethiopian Constitution.) If the police officer has a warrant to make an arrest, he/she must read the warrant out loud to the person being arrested. (Article 56 of Ethiopian Criminal Procedure Code).

d. What if the officer is not in uniform or identified as an officers but I think it is one?

Ethiopia law has no guidance on whether law enforcement officers must identify themselves. Even if you suspect that someone is an officer, you have the right to remain silent and cannot be forced to answer their questions. (Article 19 of the Ethiopian Constitution.)

e. Can I tell police I do not want to speak without a lawyer?

Yes. 

According to Article 19 of the Ethiopia Constitution, the person arrested has the right to remain silent since the moment of the arrest because anything they say can be used in court. Article 20 of the Ethiopian Constitution states the person accused has the right to a lawyer of their choice or if they cannot afford one the state will provide one. Additionally, according to Article 21 of the Ethiopian Constitution, a person who has been arrested and is being held in custody has the right to communicate with, and be visited by, their spouses or partners, close relatives, friends, religious councilors, medical doctors, and their legal counsel.

Citations: Ethiopia_1994.pdf (constituteproject.org)

f. If I sit down, am I resisting?

Likely no. The Ethiopian Constitution does not specifically prohibit sitting down during an arrest. Sitting down likely wouldn't be resisting because to resist implies that in an arrest you're opposing the officer's duties. However, if sitting down is a way to directly disobey officers duties or is an attempt to avoid arrest, then sitting down may be considered resisting. Article 433 of the Penal Code of Ethiopia.

If someone "forcibly resists" an arrest, or attempts to "evade" arrest, the police may use appropriate methods to carry out that arrest. Article 56 of Ethiopia Code of Criminal Procedure.

Citations: Criminal_Procedure_Code_(English).pdf (policinglaw.info) ; 49216a0a2.pdf (refworld.org)

g. If I am stopped in a group, and some kids run, can I run?

No, you should not run from police if you are stopped.

To the extent someone "forcibly resists" an arrest, or attempts to "evade" arrest, the police may use appropriate methods to carry out that arrest. Article 56 of Ethiopia Code of Criminal Procedure. Police are also permitted to arrest persons without a warrant based on reasonable suspicion. Article 51 of Ethiopia Code of Criminal Procedure. Running from police may be considered "reasonable suspicion" of wrongdoing which would allow them to arrest you. Article 32 of Ethiopia Code of Criminal Procedure.

Police have the right to detain you under a belief that you committed a crime. Article 32 of Ethiopia Code of Criminal Procedure. When it is clear that you did or did not commit a crime, you will either be let free or be arrested. We recommend you do not run because this might seem suspicious or be considered resisting.

Citations: Criminal_Procedure_Code_(English).pdf (policinglaw.info).

h. Can I tell others (siblings, for example) to run?

No, you should not tell others to run from police. 

Police are permitted to arrest persons without a warrant in certain circumstances, including any person "who obstructs a member of the police while in the execution of his duties or who has escaped or attempted to escape from lawful custody." Article 51 of Ethiopia Code of Criminal Procedure.  Although nothing in the Ethiopia Constitution specifically prohibits telling others to run, it is not a good idea to encourage others to run because this might seem suspicious or would be considered obstructing the police from doing their job.

i. If the officer's language is not my first language, can I tell them without waiving my rights?

Yes.

The Ethiopian Constitution guarantees a person the right to be informed promptly "in a language they can understand" why they are being arrested and of any charge against the person. Art. 19 of the Ethiopian Constitution. The Constitution further guarantees a right to free use of an interpreter. Art. 20 of the Ethiopian Constitution.

j. If I did not do anything, can they stop me?

Likely, no.

The police can only search you, your home, or your property if they have reasonable suspicion that any of your belongings may be material evidence of a crime. Article 32 of the Ethiopian Criminal Procedure Code. Police can also search you if they have a warrant to do so. Article 33 of the Ethiopian Criminal Procedure Code.

a. What if a police officer wants to search my phone?

The police cannot search your phone without good reason. Police must either have a warrant or must have reasonable suspicion to believe that your phone contains evidence of the crime you are suspected of committing in order to search it. If an officer does not have reasonable suspicion or a warrant to search your phone, they are not able to search your phone. Article 26 of the Ethiopian Constitution; Article 32 of Ethiopian Criminal Procedure Code.

Sources

Constitution: Constitution of the Federal Democratic Republic of Ethiopia (wipo.int)

CPC: Criminal_Procedure_Code_(English).pdf (policinglaw.info)

b. What if a police officer asks me for my password to my phone?

You don't need to give the police access to your phone unless they have a warrant or are able to search it because they have reasonable suspicion to believe that your phone contains evidence of a crime you are suspected of committing. Article 26 of the Ethiopian Constitution; Article 32 of Ethiopian Criminal Procedure Code.

You also have the right to remain silent, even if you are placed under arrest. Article 19 of the Ethiopian Constitution.

Sources

Constitution: Ethiopia_1994.pdf (constituteproject.org)

CPC: Criminal_Procedure_Code_(English).pdf (policinglaw.info)

c. What if they tell me to give them my password or other access to my phone?

You don't need to give the police access to your phone unless they have a warrant or are able to search it because they have reasonable suspicion to believe that your phone contains evidence of a crime you are suspected of committing. Article 26 of the Ethiopian Constitution; Article 32 of Ethiopian Criminal Procedure Code.

You also have the right to remain silent, even if you are placed under arrest. Article 19 of the Ethiopian Constitution.

Sources

Constitution: Ethiopia_1994.pdf (constituteproject.org)

CPC: Criminal_Procedure_Code_(English).pdf (policinglaw.info)

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

Whether or not you are under arrest, you do not have to give the police your device password unless the police have a warrant to search your device or are able to search it are able to search it because they have reasonable suspicion to believe that your phone contains evidence of a crime you are suspected of committing. Article 26 of the Ethiopian Constitution; Article 32 of Ethiopian Criminal Procedure Code.

Sources

Constitution: Ethiopia_1994.pdf (constituteproject.org)

CPC: Criminal_Procedure_Code_(English).pdf (policinglaw.info)

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

There is nothing that addresses these specific questions in the Ethiopian Constitution, the Ethiopian Criminal Procedure Code, or the Criminal Code.

Fingerprints are required for employment/immigration background checks, but facial recognition technology is not currently in use. It is unclear whether police could use these technologies to search someone. (PDF) Ethiopian Police Clearance Certification System Using Face Biometrics (researchgate.net)

Sources

Constitution: Ethiopia_1994.pdf (constituteproject.org)

CPC: Criminal_Procedure_Code_(English).pdf (policinglaw.info)

CC: The Criminal Code of the Federal Democratic Republic of Ethiopia 2004 (wipo.int)

f. Can they search my backpack or other item I am carrying?

Police must either have a warrant or must have reasonable suspicion to believe that your backpack or other items contain evidence of the crime you are suspected of committing in order to search it. If an officer does not have reasonable suspicion or a warrant to search your belongings, they are not able to search them. Article 26 of the Ethiopian Constitution; Article 32 of Ethiopian Criminal Procedure Code.

Sources

Constitution: Ethiopia_1994.pdf (constituteproject.org)

CPC: Criminal_Procedure_Code_(English).pdf (policinglaw.info)

g. Can they take my picture or record me?

Ethiopia law is not clear on whether law enforcement is allowed to take pictures or record you. However, where it is necessary, evidence gathered through video cameras sound records, and similar electronic devices may considered evidence.

 Constitutional Protection of Privacy during Search and Seizure.pdf (smuc.edu.et)

h. Can they ask me where I am going and why?

• The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime. Article 32 of the Ethiopian Criminal Procedure Code.
• Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
• It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
• If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
• If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

No, you are not required to speak to the police or answer their questions.

Persons arrested have the right to remain silent and need not answer questions. Further, persons arrested have the right to be informed that anything they say can be used as evidence against them. Article 19 of the Ethiopian Constitution.

b. What if they tell me something they are investigating that is wrong? Must I correct them?

No, you don't have to correct them. You have the right to remain silent. Article 19 of the Ethiopian Constitution.

It is also illegal for police to coerce evidence out of arrested people. Persons arrested shall not be compelled to make confessions or admissions which could be used as evidence against them. Any evidence obtained under coercion shall not be admissible. Article 19 of the Ethiopian Constitution.

c. What if an officer just begins speaking to me but does not order me to do anything?

You have the right to remain silent. Article 19 of the Ethiopian Constitution. An officer must promptly inform a person they are under arrest, in a language they understand. Article 19 of the Ethiopian Constitution. If an officer is speaking to you and has not formally told you that you are being arrested, then you are not under arrest.

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

The legal difference is that police must inform you that you are under arrest. If the police do not inform you that you are under arrest, the reasons for your arrest, and any charge against you (in a language that you understand), and they continue to arrest you, they have violated your rights. Article 19 of the Ethiopian Constitution.

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

You have the right to privacy. This means you have the right to not be searched (or have your belongings searched) unless the police have a warrant or have the right to search you because they have reasonable suspicion to believe that you or your other items contain evidence of the crime you are suspected of committing. If an officer does not have reasonable suspicion or a warrant to search your belongings, they are not able to search them. Article 26 of the Ethiopian Constitution; Article 32 of Ethiopian Criminal Procedure Code.

However, if you voluntarily agree to allow the police to search you or your belongings, you have given them you consent. In this case, it is not a violation of your rights if the police search you.

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

No. The police can arrest you without a warrant if:

• they reasonably suspect you have committed or are about to commit a crime that would have a penalty of at least one year in jail,
• you are in the act of breaching of the peace
• you obstruct a member of the police while they are in the execution of their duties, or you have escaped or tried to escape from police custody,
• who have evaded the police, or are reasonably suspected of having evaded the police,
• you are suspected of having betrayed the armed forces or the police forces,
• you have in your possession instruments or weapons that could be used for breaking into a house,
• you are suspected of being a dangerous person who has no permanent home or job.

 Article 51 of the Ethiopian Criminal Procedure Code.

a. If I did not do anything, can they stop me?

No, unless the police have reasonable suspicion that you have committed a crime. This means that the police have some valid reason to suspect that you have committed a crime in order to stop you. If they stop you without having a valid reason to suspect that you did something wrong or without a warrant, they have violated your rights. Article 32 of Ethiopian Criminal Procedure Code.

b. Can I ask for the reason they stopped me?

Yes. A child should immediately be informed and explained the reason for the arrest and the charges against them as well as their right to:

• Remain silent;
• Contact a relative or close friend;
• Have a legal representative appointed;
• Be brought before a judge immediately or within 48 hours upon arrest;
• Be questioned in the presence of a legal representative; Contact a diplomatic or consular official of his/her country if the child is a foreigner.

Section 1.3.1 (page 304-05) of the Police Training Manual on Children Protection.

A child must also be informed of the reason for arrest and the charges against them in a language they understand. Article 19 of the Ethiopian Constitution.

c. Can I advocate for another young person stopped by police if we are stopped together?

Ethiopia law is not clear on whether one young person can advocate for another young person stopped by the police if they are stopped together.

However, if a young person who is stopped is brought to court, another young person will not be able to advocate for them in court. If a young person who is stopped is brought before a court, the court proceedings will be closed to everyone but lawyers for the young person and the government, witnesses, experts, parents/guardians, and representatives of welfare organizations. Ethiopian Criminal Procedure Code Art. 176. 

d. If I think the stop is unjustified, what can I do?

The Ethiopia law is not clear on any procedures that expressly allow someone who is stopped by the police to challenge the stop. However, if the stop leads to an arrest, the arrested person must be shown and read the arrest warrant, and asked to answer the accusation or complaint against him or her.  Ethiopian Criminal Procedure Code Art. 56(2); Ethiopian Criminal Procedure Code Art. 27. Young persons who are arrested must be immediately brought before a court. Ethiopian Criminal Procedure Code Art. 172(1). If these procedures are not followed when a young person is stopped, the young person should share that information with his or her lawyer.

e. Can I get the officer's identifying information for a future complaint?

You will know you are under arrest when the officer tells you, in a language that you understand, that you are under arrest, the reason for your arrest, and of any charge against you.

Police offers have a duty to promptly inform arrested persons, in a language they understand, that they are under arrest, the reasons for the arrest, and of any charge against them. Article 19 of Ethiopian Constitution.

a. What if I do not know if I am under arrest?

Do not evade the police, but know that you have the right to remain silent (whether or not you are under arrest). The police also must promptly inform arrested persons, in a language they understand, that they are under arrest, the reasons for the arrest, and of any charge against them. Article 19 of Ethiopian Constitution.

Police are required to bring a youth to a Woreda court immediately or at the earliest possible moment after arrest. If you are placed under arrest, you should ask to be taken to Woreda court or released. Section 1.3.2 (305-06) of the Police Training Manual on Child Protection. ; Article 172 of Ethiopia Criminal Procedure Code.

b. What is the difference between detention and arrest?

Ethiopia law is not clear on the difference between detention and arrest.

c. If I am handcuffed, am I arrested?

The Ethiopia law is not clear on whether being handcuffed means you are definitely under arrest. You will know you are under arrest when the officer tells you, in a language that you understand, that you are under arrest, the reason for your arrest, and of any charge against you. Article 19 of Ethiopian Constitution. If you are placed under arrest, but the officer fails to promptly tell you any of those things, they have violated your rights.

d. If my liberty is restricted, am I under arrest?

Not always, the police may be allowed to perform a search and seizure without making an arrest if they have a warrant to do so or where they reasonable suspect that a person or their belongings may be evidence of a crime that the person is expected to have committed. Article 32 of Ethiopian Criminal Procedure Code.

You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right. Article 19 of Ethiopia Constitution.

You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.

a. How do things change if I am read my rights by police?

The Ethiopia law does not require that individuals who are stopped or arrested have their rights read to them by the police. Ethiopia law does require the police officer who makes the arrest to read the warrant to the arrested person, if the arrest was made with a valid warrant. Article 56 of the Ethiopian Criminal Procedure Code. Once arrested, a young person must immediately be taken before the nearest Woreda Court. Ethiopian Criminal Procedure Code Art. 172(1). When the young person is in court, they have rights including assistance of counsel and to have their parent/guardian present. Ethiopian Criminal Procedure Code Art. 174, and to have his or her parent/guardian present, Ethiopian Criminal Procedure Code Art. 173, 176. 

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you. Article 19 of the Ethiopian Constitution.

a. Am I required to make a statement?

No. You don't have to say anything that would get you into trouble. But if you saw something bad happen, and you did nothing wrong, you must tell the truth about what you saw. Article 19 of the Ethiopian Constitution

But, if you are a witness, you must answer police questions truthfully unless the answer would expose you to a criminal charge. Article 30 of the Ethiopian Criminal Procedure Code.

b. Must police notify my guardian?

The police do not need to notify your guardian at the time of arrest or questioning. However, a young person who is arrested must be brought to the nearest Woreda Court immediately. Ethiopian Criminal Procedure Code Art. 172(1). At that time, the judge must contact the young person's parent/guardian and require them to come to court, if the parent is not already present in court. Ethiopian Criminal Procedure Code Art. 173.

c. Must I confess?

No. You don't have to say anything that would get you into trouble. And the police can't force you to say anything against your will. You will also be presumed innocent until proved guilty according to law and cannot be required to say something that would get you in trouble or expose you to a criminal charge. Article 19 and 20 of the Ethiopia Constitution. If you are forced to confess to something, your confession cannot be used against you in court. Article 19 of the Ethiopia Constitution, Abebe Esubalew vs. Public Prosecutor.

d. What adults can I ask to be with me?

A minor may ask parents, legal guardians, or any persons appropriate for legal assistance, to help them be properly informed of the charges against them in a language they understand. Article 40 of the U.N. Convention on the Rights of the Child. ; Article 17 of the African Charter on the Rights and Welfare of the Child.

Further, when a police officer is interviewing a child, the officer must receive consent from both the child and the child's parent/guardian in order to conduct the interview. Section 3.4.1 (page 327) of the Police Training Manual on Child Protection.

e. Who do police have to contact if I am a legal minor?

You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.

This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.

While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present. Article 19 of the Ethiopian Constitution.

 a. What if I am just a witness?

Ethiopia law is not clear on whether the police are required to tell the truth.

a. Can the police lie to me?

Ethiopia law is not clear on whether the police are required to tell the truth.

b. Do I have to tell the police the truth?

You don't have to say anything that would get you into trouble. But if you saw something bad happen, and you did nothing wrong, you must tell the truth about what you saw. Article 19 of the Ethiopian Constitution