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Complete Book PDF (4.12MB) - World Bank eLibrary

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208 Diagnosing Corruption in Ethiopia<br />

Corruption and Political Intervention in Ethiopia’s<br />

Justice Sector<br />

Overview of Research Results<br />

Three general points can be made at the outset:<br />

First, none of the 60 individuals interviewed for this study denied the<br />

presence of corruption in the Ethiopian justice system. The one who came<br />

closest eventually admitted that “there was some, but it was very<br />

rare.” 14 Other responses ranged from “a moderate amount” (limited to<br />

the bad apples) to the extreme of holding that “every civil judgment is<br />

sold.” Participants in the two formal focus groups (the first composed<br />

of six federal prosecutors and the second of eight federal First Instance<br />

judges, all picked by their agencies) were less forthcoming than those<br />

interviewed individually, but they were willing to acknowledge the<br />

potential for corruption, both in their own agencies and in others. The<br />

two “spontaneous” focus groups with police and the Federal Ethics and<br />

Anti-Corruption Commission (FEACC), organized on the spot in<br />

Bahir Dar and Addis Ababa, brought what appeared to be franker reactions:<br />

a discussion of the problems of petty corruption and the difficulty<br />

of investigating more serious offenses based on the frequently<br />

vague complaints.<br />

Second, on the topic of political intervention in agency operations and<br />

especially in personnel management, opinions were much more dichotomized.<br />

Even a judge who had been exposed to political interference<br />

(and later resigned, apparently for that reason) claimed this was rare—as<br />

did most, but not the entire, seated bench. Those who felt otherwise are<br />

largely but not exclusively now outside the system. One-on-one interviews<br />

with active members of all three agencies did elicit some negative<br />

comments. However, even the outsiders could point to few real examples<br />

(except for the recent case of a federal High Court judge, criticized<br />

for voicing complaints in a meeting with donors). Instead they referred<br />

(both in the judiciary and the prosecutorial offices) to a sense that<br />

(a) party membership and an ability to please politicians, one’s superiors,<br />

and (in the case of the judges) political members of the Judicial<br />

Administration Councils was what counted, and (b) the lack of transparent<br />

criteria left ample room for purely arbitrary decisions. Similar<br />

reactions were reported in earlier studies (<strong>World</strong> <strong>Bank</strong> 2004a; NJI 2008)<br />

and in interviews with donors and NGOs. However, in both formal<br />

focus groups, the prosecutors and judges defended the personnel system<br />

as merit-based and therefore just.

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