Definition and causes of wronful conviction

Wrongful conviction happens when individuals are convicted of crime but later found
to be innocent beyond reasonable doubt due to a confession by the actual offender. 1
Ramsey and Frank had defined wrongful conviction as a process in which individuals
are wrongfully convicted of a crime but are in fact innocent.2
wrongful convictions are cases where innocent persons are wrongly convicted and
serve sentence due to procedural irregularities in the process and later proved to be
innocent. The convicted persons suffer from irreparable damages in the course of
imprisonment and socio-economic consequences of loved ones and family members.3
For every wrongful conviction there are respective causes that warrant the court to
pronounce judgments. There may be one or more causes that contribute to produce the
result. Wrongful conviction of individuals can be discovered under various situations.
In most of the time these cases were established after the true offender admits to the
crime, when the deceased are turns up alive, lying witness confesses to the crime and
renounces his testimony, DNA or other exculpatory evidence becomes acknowledged.
Once wrongful conviction is identified, the case can be examined from arrest to
conviction in order to determine what went wrong in the process.

International Standards on the Right to Compensation for

Wrongful Convictions
International human rights guarantee the right to compensation for persons unlawfully
deprived of their liberty by unlawful arrest or detention as a redress for the harm they
suffered by the act of state officials.4 The ICCPR provides remedy for unlawful arrest
and detention of individuals in the process of criminal investigation under article 9
1
C. Ronald Huff, A Rattner & E. Sagarin. Guilty Until Proven Innocent: Wrongful Conviction and
Public Policy, Crime and Delinquency, 1986, 510-15

2
Ramsay RJ, Frank J. Wrongful conviction: Perception of criminal justice professionals regarding the
frequency of wrongful conviction and the extent of system errors. Crime & Delinquency 2007, p, 436-
70

3
Daniel Ehighalua, Nigerian Issues in Wrongful Convictions, 80 U. Cincinnati Law Review (2012)
Available at: [Link] ( Accessed on January 23,2015)

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and 14. In the same way the right to compensation for innocent persons wrongly
convicted is also protected. The reason to provide compensation as redress for persons
both wrongly convicted as well as unlawfully arrested or detained is the recognition
that they suffered from deprivation of their liberty and the states failed to fulfill their
human right obligation to respect the right to innocents. These rights are separately
governed under article 9(5) and 14(6) of the ICCPR. 5 The right to compensation for
wrongful conviction in criminal proceedings is clearly recognized. 6 Among these
instruments the main source for guaranteeing the right to compensation for wrongful
conviction is the ICCPR.7 Hence International standards require states to compensate
victims of miscarriages of justice.

The Right to Compensation for Wrongful Convictions in

Ethiopia
The first wrongful conviction case was Shume’s one. After he was finally sentenced
to ten years imprisonment he had applied for pardon indicating that he is innocent of
the crime convicted for. In addition to his application for pardon, Federal Public
Prosecutor also wrote a letter to Pardon Board declaring that Shume Regessa was
wrongly convicted for the crime of homicide he did not commit. The prosecutor had
claimed the board to reconsider his case so that he will be proved innocent that might
be a means to release him from prison. The prosecutor had also explained in this
application that they were unsuccessful in proving the innocence of the person as their
claim for retrial was rejected by the federal Supreme Court and sought for the solution
to the case so that they proceed to charge the real offender of the crime. After
considering both applications requested by the victim and the prosecutor, the pardon
board had forwarded that Shume shall be pardoned based up on article 18 of
proclamation No 395/1996. As per the recommendation of the board, the then head of
state had declared Shume that he had pardoned for the crime convicted for
4
Article 9 (5) of the ICCPR states that anyone who has been the victim of unlawful arrest or detention
shall have an enforceable right to compensation
5
Ibid
6
Universal Declaration of Human Rights, Adopted and proclaimed by General Assembly Resolution
21 7 A (111) of 10 December 1948( Herein after UDHR)
7
Article 9 and 14 0f the International Covenant on Civil and Political Rights, Adopted and opened for
signature, ratification and accession by General Assembly resolution 2200 A (XXZ) of 16 December
1966, Entry into force: 23 March 1976.(Herein after the ICCPR)

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considering that the sentence he had already served is sufficient. The certificate of
pardon given to him provides that he was granted pardon basing his application to be
released by pardon.
Three of other cases used to reveal the existence of wrongful conviction in Ethiopia
were resolved by the mechanism of pardon. It seems that Pardon proclamation is
taken as a solution to provide a remedy for persons wrongly convicted. 8 Why pardon
is used as a method to release persons wrongly convicted? Is that appropriate to
subject innocents to claim pardon from the government? One of the powers of the
Ethiopian Head of State is to grant pardon. 9 The main objective of granting pardon to
person convicted by final decision is to ensure the interest of the public and the
offenders after it is ascertained that they have repented for their actions. 10 Once an
application for seeking pardon is lodged at the board, there are conditions that shall be
taken into consideration to grant pardon.11 The petitioner's confession and repentance,
his effort to reconcile with the victim or his family and compensate them, or his
ability and willingness to settle the compensation with the victim is among the basic
requirement that shall be fulfilled to consider the application for pardon. 12 Pardon
shall be granted only for persons who admit that they had committed the crime
convicted for and repented for their action. 13 Unless applicants seeking pardon admit
for the crime convicted for, they cannot be qualified for the pardon and they will be
automatically excluded from the process. Hence a pardon shall not be granted for a
person who is wrongly convicted and innocent of the crime convicted for according to
the pardon proclamation.

Wrongfully convicted individuals have suffered severe harm as a consequence of their

imprisonment. They lose their jobs and their good reputations and unable to earn
income while [Link] were deprived of liberty, sometimes for years, and
have suffered detrimental psychological consequences. Under existing law, if not all
most of the individuals who are freed after being found innocent of the crimes for
8
Proclamation No 395/96 which currently is repealed by proclamation No 840/2014,Federal Negarit
Gazette 20th year No 68,AddisAbaba, 21st August 2014
9
FDRE Const, Supra Note 323, Article 71(7)
10
Pardon proclamation, Article 3
11
Id, article 20
12
Id, article 20(5)
13
Id, article 3

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which they were convicted are unable to obtain any compensation or other sources for
the losses they sustained from the state. The institutions that are responsible for the
payment of such compensation are not clear under the Ethiopian context. This is
mainly due to the inadequacy of legal framework which specifically governs
compensation for the victims of wrongful conviction in the Ethiopian criminal justice.

The ICCPR provides the right to claim compensation for unlawful arrest and unlawful
detentions.14 Likewise the covenant guarantee for the right to compensations for
persons wrongly convicted.15 The FDRE constitution is silent on cases of unlawful
arrest, unlawful detention and on the right to compensation for the victims of
wrongful conviction. However it is protected in many instruments and constitutions of
different states.
Though the constitution does not provide for the right to compensation for wrongful
convictions, it has already in built a golden provision which enable us to interpret the
rights and gaps in the constitution.16 In addition the constitution also provides that
international treaties are part and parcel of the law of the land and Ethiopia had
ratified the ICCPR which will form part of the law of the country. 17 Since the ICCPR
clearly govern the right to compensation as a result of wrongful conviction it
establishes the same right for the Ethiopian citizens to claim for compensation for
erroneous convictions.18
Therefore Ethiopian courts can only fill the remedies for the rights gap by directly
applying the above provisions of the Covenant as grounds for the enforceability of the
right it is possible to claim for compensation for wrongful conviction before the
courts. The ICCPR19 which provides for the right to compensations for wrongful
convictions is ratified by Ethiopia and such law is also part of the Ethiopian law since
the FDRE constitution dictates that all international treaties ratified by Ethiopia will
form part of the law of the land. 20 Courts are also duty bound to enforce rights
protected in international treaties and in the constitution.
14
Article 9(5) of the ICCPR
15
Id, Article 14(6)
16
FDRE Constitution, Article 13(2)
17
FDRE Constitution Article 9(4)
18
Article 14(6) of the ICCPR
19
Article 14(6) of the ICCPR
20
FDRE Constitution, Supra Note, Article 9(4)

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Conclusion

Wrongful convictions represent a profound failure within the criminal justice system,
affecting not only the individuals wrongfully accused but also their families,
communities, and public trust in the judicial process. Defined as instances where
innocent individuals are convicted of crimes they did not commit, wrongful
convictions can stem from various factors, including procedural irregularities,
misleading evidence, and systemic failures. The consequences faced by victims of
wrongful conviction are multifaceted, encompassing not only the loss of liberty but
also severe socio-economic repercussions and psychological harm.

International standards, particularly outlined in instruments like the International

Covenant on Civil and Political Rights (ICCPR), mandate compensation for those
unlawfully deprived of their liberty. However, in Ethiopia, the existing legal
framework presents significant barriers to such remedies, often reducing wrongfully
convicted individuals to seeking pardon rather than rightful compensation. This
reliance on pardons poses ethical concerns about the justice process and the
acknowledgment of wrongful convictions.

Given Ethiopia's ratification of the ICCPR, there is a potential pathway for

vindicating the rights of the wrongfully convicted through the courts. The
constitutional provision recognizing international treaties as part of domestic law
affirms the obligation to provide these individuals with redress. Thus, advancing a
coherent legal framework for compensation in Ethiopia is crucial for restoring justice,
addressing the harms of wrongful conviction, and fostering public confidence in the
integrity of the criminal justice system. A commitment to reform is essential to ensure
that the fundamental rights of all individuals are upheld, particularly the most
vulnerable who suffer devastating consequences from miscarriages of justice.

Reference

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1. FDRE constitution
2. Pardon Proclamation
3. UDHR
4. ICCPR
5. WRONGFUL CONVICTIONS AND THE QUEST FOR REMEDIES UNDER
THE ETHIOPIAN CRIMINAL JUSTICE SYSTEM By: Tesfaye Boresa Senbeta