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Complete Book PDF (4.12MB) - World Bank eLibrary

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214 Diagnosing Corruption in Ethiopia<br />

The Criminal Justice Chain<br />

In table 5.4 (extracted from table 5.1), the areas of most concern are<br />

bolded. Lack of bolding indicates that a problem was not mentioned and<br />

thus is either nonexistent or not significant. It should be stressed that<br />

even the bolded items were not deemed as highly common but simply as<br />

areas where corruption sometimes occurs.<br />

Again, the bolded items suggest that what corruption occurs in the<br />

criminal justice system is relatively limited regarding where and how it<br />

operates. Current wisdom holds that the sense of insecurity among sector<br />

personnel gives rise to two forms of corruption in criminal cases:<br />

• Willingness to make decisions in politically sensitive cases in accord<br />

with the perceived wishes or actual instructions of political actors<br />

• Greater vulnerability to bribes because one never knows how long one<br />

will hold his or her current position.<br />

Police. Except for the traffic police, whose tendency to shake down drivers<br />

for imagined faults or offer to ignore real ones is pervasive (if still not at the<br />

levels seen in much of the region), neither type of action is seen as frequent,<br />

but they do occur. The ethics and anticorruption commissions receive<br />

numerous complaints about police in this regard and, as opposed to complaints<br />

against judges and prosecutors, seem to have some success in investigating<br />

them, either directly or by delegation to the respective police<br />

forces. Among the most common complaints involving police are these:<br />

• Bribe taking by traffic police<br />

• Abuse of power or excessive use of force—not always corruption,<br />

although in some cases it may involve threats of false arrest or falsification<br />

of evidence<br />

• Taking of bribes to alter evidence<br />

• Taking of bribes to harass witnesses, or in the case of legal actions<br />

against police, doing it to help out a colleague<br />

• Theft of evidence when it has some value<br />

• Taking of bribes to not make or to delay an arrest—it was mentioned<br />

that some suspects ask to delay the arrest until a Monday, thus avoiding<br />

a weekend in jail and avoiding jail entirely by paying bail<br />

• Taking of bribes to (a) not find the defendant so that he or she does<br />

not appear for the charging hearing, or (b) not bring witnesses for the<br />

prosecution.

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