Challenges Suspects Under Police Custody are Facing During Pre-Trial Detention: A Study of Bishoftu City

Abstract

Pre-trial detention is a type of incarceration in which individuals arrested or imprisoned due to a criminal charge is detained, either in police custody or in a prison, but have not yet been tried and sentenced. The main objective of this study is to describe the challenges suspects are facing during pre-trial detention in Bishoftu City. The study employs both secondary and primary data. Books, journals, and laws are used as secondary data. The primary data is obtained using a qualitative research approach. Since the study is targeted at describing the experiences of the detainees, it employs a phenomenological study. In-depth interviews focus group discussions and observations are employed. Participants are sampled purposively, and the sample size is determined through data saturation. Accordingly, thirteen pre-trial detainees, four investigative officers, three public prosecutors, and two criminal bench judges are interviewed; and detention centers are observed. Prolonged detention without securing bail right is one of the challenges suspects are encountering. Some of the study's findings include overcrowding, a lack of food service, a lack of sanitation, a lack of medical services, and the government's failure to properly implement bail rights. The study reveals the presence of arbitrary detentions contrary to the statutes governing detention. The study also depicts a lack of coordination among actors of the criminal justice system in ensuring the rights of detainees. As can be deduced from the findings, the rights of detained people are being violated during arrest as well as incarceration. Thus, greater effort must be placed on ensuring that pretrial detention is used as a needs during detention. Actors of the criminal justice system should work jointly in ensuring the rights of citizens.