News: Judges’ association in Amhara welcomes legislation granting legal immunity, says five judges still in custody

Addis Abeba – The Amhara Region Judges’ Association welcomed the regional council’s recent endorsement of a proclamation granting judges immunity from prosecution, stating that the decision will allow adjudicators to carry out their duties “without any internal or external influences.”

In an interview with Addis Standard, Birhanu Asessa, Chairman of the Association, recalled that the bill had been presented to the Council on two previous occasions but had been rejected.

“The Association formally expressed its concerns through an official letter regarding the matter,” he stated. “The enactment of the law during this challenging period for judges has brought them joy and will allow them to work with confidence.”

Birhanu highlighted a troubling trend of judges being imprisoned at an alarming rate. “Judges have often been removed from their positions and coerced into reversing decisions due to accusations of issuing inappropriate rulings.”

Recalling instances where authorities pressured judges to carry out specific orders in cases across various districts, the chairman explained that “when judges resisted, authorities resorted to using law enforcement” to arrest them.

“This has become a widespread problem, not an isolated incident,” he revealed.

Birhanu further emphasized that judges in the region have frequently been subjected to arrest and intimidation. He noted that, of the 13 judges previously detained, eight have been released, while the remaining five are still in custody.

In an interview with Addis Standard, Supreme Court Justice Saba Abera addressed the long-awaited enactment of legislation concerning judicial immunity. She explained that the previous lack of such legal protection stemmed from a prevailing misapprehension that “judges will become unaccountable, will not perform their duties properly, and that it will create a conducive environment for crime.”

She clarified the scope of judicial immunity, emphasizing that it does not equate to complete impunity. “Rather, it aims to reduce undue pressure on them, ensuring their independence is not compromised and that they operate strictly within the framework of the law,” she stated.

Furthermore, Justice Abera highlighted the frequent instances of judges being detained without due process, even in the absence of formal charges. “Arbitrary arrests of judges have become a common issue,” she noted. “The passing of this law gives us hope that such practices will be curbed.”

Addis Standard has documented the challenges faced by judges residing in the Amhara region. This includes a report published in October 2024, which cited the Association as a source, disclosing that more than 35 judges had been “unjustly detained and later released.” The news article further noted that over the past year, the detention of judges in the Amhara region had reportedly increased, with some incidents “resulting in fatalities.”

The Association characterized this practice as “dangerous,” highlighting that it “undermines judicial independence.” Additionally, it emphasized that such actions not only disrupt judicial functions but also undermine the professional integrity of the judiciary.

Reports also indicate that judges in the region have been abandoning their duties owing to the adverse circumstances they encounter, including detention arising from the discharge of their professional responsibilities.

Recently, the Amhara Regional State Supreme Court also announced that 89 judges in the region have resigned over the past six months.

In a report submitted during a meeting of the regional council, Alemante Agedew, President of the Regional Supreme Court, stated that “security concerns, threats, and low pay” were the primary reasons for the significant number of resignations among judges during the first half of the year.

The president further noted that 28 district court division benches have ceased operations as a result.

According to Birhanu, the ratification of the law would enable judges to “work independently and without fear,” emphasizing that this would “significantly contribute to the justice system, the establishment of democracy, the assurance of the rule of law, and the protection of human rights.”

He added, “If the law is properly monitored and implemented, the change it will bring to the justice system as a whole will be significant.”

In a statement released on February 16, 2025, the Ethiopian Human Rights Commission (EHRC) welcomed the endorsement of the proclamation by the regional council, noting that “it has consistently received complaints about human rights violations targeting judges” at various levels within the region. The commission expressed the importance of establishing a strong legal framework to uphold this principle, noting that “judicial independence is fundamental to the building of a democratic system and the respect for human rights.”

“Judicial independence is fundamental to the construction of a democratic system and the promotion of human rights,” stated Birhanu Adelo, Chief Commissioner of the EHRC. “The granting of legal immunity to judges is essential for ensuring the rule of law and the protection of human rights in the region.” AS