Challenges and Prospects of the Criminal Justice System in Handling Child Victims and Alleged Offenders in Ethiopia

• Author: Sisay Haile,Nahom Eyasu,Yosef Tesfaye
• Date: 01 February 2021
• DOI: 10.1177/0306624X20944669
• Published date: 01 February 2021
• Subject Matter: Articles

https://doi.org/10.1177/0306624X20944669

International Journal of

Offender Therapy and

Comparative Criminology

2021, Vol. 65(2-3) 221 –243

© The Author(s) 2020

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DOI: 10.1177/0306624X20944669

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Article

Challenges and Prospects of

the Criminal Justice System

in Handling Child Victims and

Alleged Offenders in Ethiopia

Nahom Eyasu1, Sisay Haile1, and Yosef Tesfaye2

Abstract

The current study aims to explore the challenges and prospects of the criminal justice

system in handling child victims and alleged offenders in Bahir Dar metropolitan city,

North West Ethiopia. A qualitative research design was adopted to achieve this

goal. Primary data was collected through semi-structured interviews conducted with

victimized children (n = 25) and in-depth interviews conducted with key informants

(n = 15). Data were analyzed using inductive thematic analysis. The general emergent

theme–– encumbrance and motivation reflected the challenges and opportunities of

the criminal justice system in handling child victims and alleged offenders, respectively.

The results from the study revealed that the absence of child-friendly police stations,

limited overall assessments and psychosocial supports for child victims, slow, tardy

and insensitive justice process, and legal system gaps were critical issues at the initial

police contact, investigation, and trial stages of the criminal justice system. It appears

from this study that the wellbeing and support needs of victims and witnesses are

not yet being adequately addressed. In this study, a major challenge identified was

the deficit of law enforcement in the criminal justice system as to the detection and

investigation of a crime involving child victims. On the other hand, the initiatives

to introduce child protection units and child-friendly police stations, provision of

support and assistance, and awareness-raising about child-friendly practices among

the criminal justice system are the major prospects that have been taken place within

the criminal justice system.

1University of Gondar, Gondar, Ethiopia

2ESSWA, Addis Ababa, Ethiopia

Corresponding Author:

Nahom Eyasu, Department of Sociology, University of Gondar, Maraki Campus, Gondar, Ethiopia, P.O.B.

196, Ethiopia.

Email: tenseye@gmail.com

944669IJOXXX10.1177/0306624X20944669International Journal of Offender Therapy and Comparative CriminologyEyasu et al.

research-article2020

222 International Journal of Offender Therapy and Comparative Criminology 65(2-3)

Keywords

alleged offenders, challenges, child victims, criminal justice system, police station

prospects

Introduction

Though international child rights and development frameworks have been adopted by

virtually all UN member states (Pinheiro, 2006; UNICEF, 2004) on the need for child-

friendly procedures in the criminal justice systems, the implementation of these

reforms has been limited (UNICEF, 2008). The failure of the conventional criminal

justice system to adequately respond to victims’ needs has been noted by many aca-

demics and practitioners in criminology and social science (Strang, 2002; Tibbetts &

Schicher, 2002).

In recognition of these issues, international child rights and development frame-

works have been established to victims’ reforms (UNODC, 2009). More specifically,

the adoption of the United Nations Convention on the Rights of the Child (UNCRC)

brought into being a clear statement of the rights of and special treatment for the child

(UNCRC, 1989 ). According to the UN Economic and Social Council’s Guidelines on

Justice for Child Victims and Witnesses of Crime (2004), a child victim is a child and

adolescent under the age of 18, who is a victim of crime regardless of his/her role in

the offence or in the prosecution of the alleged offender or groups of offenders. More

specific principles on the need for special treatment of child victims are contained in

various declarations and Guidelines primarily at the UN level (African Charter on the

Rights and Welfare of the Child ([ACRWC], 1990 ). The UN Guide-lines for Action

on Children in the Criminal Justice System is one of the earlier such soft law instru-

ments which require that any measure established to treat child victims should ensure

that they are treated with compassion and respect for their dignity (UN Economic and

Social Council, 2004).

Global standards for child-friendly and victim-friendly justice procedures are quite

well defined (UNODC, 2006, 2009). Most international child rights framework guide-

lines on justice in matters involving child victims and witnesses of crime, include the

rights of victims to be treated with respect and be protected from further harm (Njoki,

2008; Alemayehu, 2010; Marshet, 2013; Woldemu, 2014), the creation of making pro-

cedures and systems of child-friendly courts (Belay, 2007; Getnet, 2001; Mahider,

2008), the right to be equal before courts and tribunals (Woldemu, 2014; Birhan,

2015), the right to receive caring (Assefa, 2011; Bayenew, 2011; Braasch et al., 2008),

fair (procedurally just) and respectful treatment from criminal justice professionals

(Biejer & Liefaard, 2011; UNODC, 2006).

Studies, in general, suggest that protecting children from violence and abuse is a

key duty of the criminal justice system by applying child-friendly and victim-sensitive

handling of children (Assefa, 2011; Marshet, 2013; Munyao, 2010; Winton & Mara,

2001; Woldemu, 2014; Betelehem, 2014). The literature underlies that a supportive

and victim-centered response from the criminal justice system is important at all stages