Admissibility of Evidence: A Comprehensive Overview with Reference to Ethiopian Law

Details: Category: Evidence Law; By Liku Worku; 14.Oct; Hits: 373

The admissibility of evidence is a cornerstone of any legal system, defining what information can be presented during a trial. Evidence must meet specific legal criteria to be deemed admissible, ensuring that trials are fair and just. This article delves into the concept of admissibility of evidence, focusing on its general principles and particularities within Ethiopian law.

Liku Worku

Founder, AbyssiniaLaw

Liku Worku, founder of AbyssiniaLaw.com, has 16+ years of experience.

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Liku Worku brings over 16 years of legal experience. He started his career at the Ministry of Justice, handling various legal matters. In 2012, he founded Liku Worku Legal Services, focusing on providing practical and customized legal solutions for local and international clients. His expertise spans investment, trade, tax, employment, and commercial law, with specialized experience in corporate, labor, immigration, construction law, and litigation. He has also led initiatives on contract preparation and shareholder agreements. Throughout his career, Liku has actively contributed to legal reforms, including serving on:

The Executive Committee of the Commercial Code Amendment Team

The Legal and Justice Affairs Advisory Council

The Executive Committee of the Federal Lawyers Association

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Relevance: For evidence to be admissible, it must be relevant to the case at hand. Relevance means that the evidence has a direct bearing on the issues being contested and can make a fact more or less probable than it would be without the evidence.
Reliability: Courts are concerned not only with the relevance of evidence but also its reliability. Evidence that is speculative, unverified, or derived from dubious sources may not be deemed reliable. The court must be confident that the evidence accurately reflects what it purports to demonstrate.
Legality: Evidence must be obtained legally. Evidence gathered in violation of a party's rights, for example, through unlawful searches or by coercion, is typically inadmissible. This principle protects individuals' constitutional rights from being undermined in the pursuit of a conviction.
Probative vs. Prejudicial Value: Courts must balance the probative value of evidence (its usefulness in proving something important in the case) against any potential for undue prejudice. If the evidence is likely to unfairly sway the judge or jury, its admissibility may be challenged even if it is relevant and reliable.
Best Evidence Rule: This rule mandates that the original source of evidence, such as documents or recordings, be presented in court rather than copies or secondary descriptions. The purpose of this rule is to ensure that courts consider the most accurate form of evidence available.

Admissibility of Evidence in Ethiopian Law

Ethiopia's legal framework is primarily based on civil law traditions, and its laws on evidence are codified in various legislative acts, including the Ethiopian Civil Procedure Code and the Ethiopian Criminal Procedure Code. The Ethiopian Evidence Law governs the general rules for evidence in both civil and criminal cases.

Relevance and Materiality (Article 135 of the Ethiopian Civil Procedure Code): Under Ethiopian law, evidence must be relevant to the issue being decided by the court. Article 135 of the Civil Procedure Code stipulates that courts shall admit evidence that has a direct or indirect bearing on the matter in dispute. This reflects the principle of relevance, similar to other jurisdictions.
Competence of Witnesses (Article 206 of the Ethiopian Civil Procedure Code): In Ethiopian law, a witness is deemed competent if they are able to understand the duty to speak the truth and have the capacity to perceive and communicate relevant facts. However, there are certain exclusions for witnesses, such as those with close relationships to the parties or conflicts of interest, where their testimony may not be admissible due to potential bias.
Illegally Obtained Evidence: Ethiopian law, like many jurisdictions, takes a strict view on illegally obtained evidence. Under the Ethiopian Constitution (Article 19), evidence obtained through torture, coercion, or any form of unlawful search and seizure is inadmissible in court. This aligns with international human rights standards and emphasizes the protection of individuals’ rights against unlawful state actions.
Documentary Evidence and Best Evidence Rule (Article 138 of the Ethiopian Civil Procedure Code): The Ethiopian Civil Procedure Code contains provisions that mirror the Best Evidence Rule. Courts in Ethiopia require the submission of original documents when available. Article 138 of the Civil Procedure Code stipulates that copies or reproductions of documents may only be admitted under specific circumstances, such as when the original is lost or destroyed.
Hearsay Evidence: Hearsay evidence is generally inadmissible under Ethiopian law. Hearsay refers to statements made outside of the courtroom, which are then offered as evidence to prove the truth of the matter asserted. However, there are exceptions to this rule, such as when the person who made the statement is unavailable to testify due to death, incapacity, or other valid reasons.
Expert Testimony (Article 160 of the Ethiopian Civil Procedure Code): The Ethiopian legal system recognizes the importance of expert testimony in complex cases. Article 160 of the Civil Procedure Code permits the use of expert witnesses to provide opinions on matters requiring specialized knowledge. However, the court will only admit expert testimony that is deemed relevant, credible, and based on sound methodology.
Confession and Self-Incrimination (Ethiopian Constitution, Article 19): In criminal cases, the Ethiopian Constitution provides protections against self-incrimination. Confessions obtained through torture, coercion, or duress are inadmissible. This principle ensures that evidence must be obtained through lawful and fair means, protecting individuals from being forced to incriminate themselves under duress.

Challenges and Issues in the Ethiopian Context

While Ethiopia's legal framework provides a robust structure for the admissibility of evidence, practical challenges arise in its implementation. One such challenge is the availability of resources, particularly in rural courts where judges may lack access to modern forensic tools and expert witnesses. This can lead to delays in trials and difficulties in obtaining reliable evidence.

Another issue relates to the lack of transparency in certain legal proceedings, which can undermine the fair application of evidence rules. Despite these challenges, efforts have been made to modernize Ethiopia's judicial system, including training programs for judges and legal professionals to better handle evidence-related matters.

Conclusion

The admissibility of evidence is a crucial aspect of ensuring fairness and justice in legal proceedings. Ethiopia's legal framework provides comprehensive rules governing the relevance, reliability, and legality of evidence. However, challenges remain in its practical application, particularly in resource-limited areas. With continued reforms and modernization efforts, the Ethiopian legal system aims to strengthen the integrity of evidence procedures, ensuring that justice is both accessible and fair for all citizens.