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Complete Book PDF (4.12MB) - World Bank eLibrary

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216 Diagnosing Corruption in Ethiopia<br />

Table 5.4<br />

Trial and appeal<br />

(continued)<br />

Potential forms of corruption<br />

• Lawyers or clients purchase false testimony from civilian or<br />

expert witnesses.<br />

• Parties offer or accede to bribes to influence how cases are<br />

assigned.<br />

• Lawyers or clients offer or accede to bribes or other<br />

considerations to affect decisions on pretrial detention<br />

and bail.<br />

• Lawyers asks clients for money to “pay off” the judge<br />

or prosecutor but instead pocket the funds.<br />

• Public defenders solicit fees from defendants; “pro bono”<br />

defenders solicit fees from clients.<br />

• Lawyers or clients offer or accede to bribes or other considerations<br />

about scheduling of events to either rush or slow<br />

down cases.<br />

• Lawyers or clients offer or accede to bribes or other<br />

considerations to affect responses to motions to<br />

eliminate evidence, exclude witnesses, or dismiss parts<br />

of complaints.<br />

• Political or higher judicial authorities direct judges as<br />

to how to rule.<br />

• Political authorities instruct public defense lawyers (or private<br />

attorneys) to mishandle cases.<br />

• Political authorities or higher-level officials direct judges to<br />

accept or not accept appeals or direct rulings.<br />

• Political authorities or parties engage in jury tampering (if<br />

juries are used).<br />

• Judges “sell” judgments or other preferential<br />

treatment to parties.<br />

• Public officials or political authorities pressure or bribe<br />

witnesses.<br />

• Police or bailiffs take bribes to not bring witnesses (or<br />

defendants) to trial.<br />

• Lawyers or clients offer or agree to pay court staff to “lose”<br />

files.<br />

• Lawyers or clients offer (or agree) to pay to delay or<br />

accelerate issuance of written opinions (which may be<br />

delayed for a long time).<br />

• Private defense attorneys accept bribes from interested<br />

nongovernmental parties to mishandle cases.<br />

• Court staff accept or request bribes to show judgments<br />

to parties (or offer to sell an outcome already<br />

determined by judge).<br />

(continued next page)

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