Law of Evidence at Ethiopia
The Law of Evidence in Ethiopia is primarily governed by the Ethiopian Civil Procedure Code, Criminal Procedure Code, and various proclamations and regulations. Here’s a brief overview of how evidence is treated under Ethiopian law:
🔹 1. Sources of Evidence Law in Ethiopia
Civil Procedure Code (1965) – Deals with evidence in civil matters.
Criminal Procedure Code (1961) – Governs evidence in criminal proceedings.
FDRE Constitution (1995) – Provides basic legal principles including fair trial rights.
Specific Proclamations – e.g., Anti-Corruption laws, Commercial laws, etc.
Judicial Decisions – Especially from the Cassation Bench of the Federal Supreme Court.
🔹 2. Types of Evidence Recognized
Oral Evidence
Documentary Evidence
Real (Material) Evidence
Presumptions (Legal and Judicial)
Electronic Evidence (increasingly recognized under newer laws)
Expert Testimony
🔹 3. Key Principles
Relevance and Admissibility: Only relevant evidence is admissible.
Burden of Proof:
In civil cases, generally lies on the plaintiff.
In criminal cases, the burden lies on the prosecution beyond reasonable doubt.
Standard of Proof:
Civil: Balance of probabilities.
Criminal: Beyond reasonable doubt.
🔹 4. Admissibility Rules
Hearsay Evidence: Generally inadmissible unless exceptions apply.
Illegally Obtained Evidence: There’s debate, but courts increasingly recognize constitutional rights, including exclusion of evidence obtained by torture or illegal means.
Document Authentication: Original documents are preferred; certified copies may be allowed.
🔹 5. Recent Developments
Introduction of electronic evidence provisions in commercial and criminal proceedings.
Anti-corruption legislation often includes reverse burden of proof for unexplained wealth.
🔹 6. Role of Judges
Ethiopian judges play an active role in evidence collection and evaluation, especially in civil law-influenced settings.
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