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PROCLAMATION NO. 207/2000 DETERMINATION OF THE ORGANIZATION AND ADMINISTRATION OF THE FEDERAL POLICE


PROCLAMATION NO. 207/2000

A PROCLAMATION TO PROVIDE FOR THE

DETERMINATION OF THE ORGANIZATION AND

ADMINISTRATION OF THE FEDERAL POLICE

 

WHEREAS, it has become necessary to have a strong civil police institution which is loyal to the Constitution of the Federal Democratic Republic of Ethiopia and governed by laws enacted according to the Constitution; that has the adequate training and efficiency in the police profession, that serves and ensures peace and security of the public and honors human rights and freedoms;

NOW, THEREFORE, in accordance with Articles 51(7), 55(7) and 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE

General

  1. Short Title

This Proclamation may be cited as the “Federal Police Proclamation No. 207/2000”.

  1. Definition

In this proclamation “Minister” or “Ministry” means the Minister of Justice or the Ministry of Justice, respectively.

PART TWO

Establishment of the Federal Police Commission

3. Establishment

1/ The Federal Police Commission (hereinafter “the Commission”) is hereby established as a federal organ having its own legal personality.

2/ Without prejudice to its legal and professional independence, the Commission shall be accountable to the Ministry.

4. Head Office of the Commission

The Commission shall have its head office in Addis Ababa and, it may have branch offices in any other place, where necessary.

  • Objective of the Commission

The objective of the Commission is, by honoring the Constitution and other laws of the country and based on the participation of the public, to maintain the peaceful life and security of the people through prevention of crime.

  • Powers and Duties of the Commission

The Commission shall have the following powers and duties:

1/ to prevent any crime;

2/ to investigate crimes that fall under the jurisdiction of Federal Courts;

3/ to execute orders and decisions issued by courts that have judicial powers;

4/ to execute orders issued by the Federal Public Prosecutor concerning investigation of crimes;

5/ to safeguard the security of boarders, airports, railway lines and terminals, mining areas, and vital institutions of the Federal Government;

6/ to provide assistance in time of emergency and cooperate with concerned organs;

7/ to give protection to higher officials of the Federal Government and dignitaries of foreign countries;

8/ to render professional and technical advice and support to regional police institutions and, upon the requests of regions, to give assistance in the prevention and investigation of criminal cases;

9/ to issue certificate of no criminal record;

10/ to study causes of crimes and design the preventive methods thereto;

11/ to delegate the powers of investigation of federal offences to regional police Commissions as may be necessary;

12/ to collect, (conduct research and distribute) criminal information and statistical datai; and, create a nation-wide system for criminal data collection and processing;

13/ to delegate police powers to civil servants or other organs for the execution of certain activities as may be necessary;

14/ to carry out technical investigations and give testimony to federal and regional organs;

15/ to exchange information by establishing relationship with international police;

16/ to enter into contract; to own property, to sue and be sued in its own name.

7. Organization of the Commission

The Commission shall have:

1/ Council of Commissioners (here in after called “the Council”)

2/ a commissioner;

3/ Deputy Commissioners,

4/ Assistant Commissioners;

5/ other federal police men; and

6/ the necessary supporting staff.

8. Members of the Council

Members of the Council Consists of:

1/ The Commissioner “Chair person”

2/ Deputy Commissioners “members”

3/ Assistant commissioners “members”

9. Powers and Duties of the Council of Commissioners

The Council of Commissioners shall have the following powers and duties;

1/ to direct and coordinate the activities of the Commission;

2/ to present to the Ministry the appointment of the Deputy commissioners and Assistant Commissioners of the Commission for approval;

3/ to take the necessary measures to upgrade the capacity and efficiency of the Commission;

4/ to decide upon complaints investigated and presented before it pursuant to Article 11(3) (c) of this Proclamation;

5/ to evaluate the annual performance of the Commission and submit same to the Minister with its recommendation;

6/ to conduct inspection to ensure the effectiveness of the activities of the Federal Police;

7/ to prepare and submit to the Minister the budget of the Commission and follow-up its implementation upon approval;

8/ to prepare and submit to the Minister draft legislations necessary for the implementation of the Proclamation;

9/ to work for the establishment of a good working relations between the Commission and regional police Commissions;

10/ issue directives necessary for the implementation of this Proclamation and Regulations issued hereunder; and ensure the implementation of same.

10. Powers and Duties of the Minister

The Minister shall have the following powers and duties;

1/ to direct and supervise the Commission;

2/ to appoint Deputy Commissioners and Assistant Commissioners of the Commission;

3/ to take the necessary measures to upgrade the capacity and efficiency of the Commission;

4/ to submit to the government the annual performance of the Commission with its recommendations;

5/ to carry out inspection to upgrade and ensure the efficiency of the federal police;

6/ to submit to the government the budget of the Commission and follow-up its implementation upon approval;

7/ to submit to the government draft legislations necessary for the implementation of the Proclamation.

 

11. The Commissioner

1/ The commissioner shall be appointed by the Prime Minister upon the recommendation of the Minister.

2/ The Commissioner shall have the powers and duties to coordinate and manage the activities of the Commission.

3/ Without prejudice to the generality of sub-Article (2) of this Article, the Commissioner shall;

  • cause the implementation of the Regulations of the Federal Police;
  • employ and administer the supporting staff other than those employed as federal police men, pursuant to the federal civil service laws;
  • cause the investigation of complaints made against the federal police and submit same to the Council of Commissioners; and notify the decision of the Council to the complainant;
  • prepare the annual work programme and budget of the Commission; implement same upon approval;
  • make expenditures in accordance with the approved budget of the Commission;
  • represent the Commission in all its dealings with third parties.

4/ The commissioner may delegate part of his powers and duties to Deputy Commissioners or Assistant Commissioners or other employees to the extent necessary for the efficiency of the Commission.

12. Budget

The budget of the Commission shall be allocated by the Federal Government

13. Books of Accounts

1/ The Commission shall keep complete and accurate books of accounts.

2/ The Books of accounts and financial documents of the commission shall be audited annually by the Auditor General or by auditors designated by him.

 

 

PART THREE

ADMINISTRATION OF THE FEDERAL POLICE

 

 

14. Criteria for Recruitment of a Police

 

1/ Any Ethiopian citizen, to be recruited as a police, shall fulfill the following requirements. He/she has:

  • to be willing to serve as a policeman;

(b) to be loyal to the Constitution of the Federal Democratic Republic of Ethiopia;

(c) to have the educational standard and physical fitness required for recruitment as a federal police;

(d) to have good reputation in the community for his discipline and moral character;

  • to have no previous record for participation in a criminal

act;

  • to have not less than 18 years of age;
  • not to be a member of any political organization.

2/ The recruitment made under Sub-Article (1) of this Article shall take into account the balanced representation of nations/nationalities and peoples.

3/ The recruitment of the police shall be based on popular participation.

 

15. Taking Oath

A federal police recruit shall take oath to carry out the public and professional responsibility with loyalty and diligence.

16. Delegation of Police Powers to Civil Servants

1/ Police powers may be delegated to a civil servant for cases that require special skills.

2/ The Police power delegated pursuant to Sub-Article (1) of this Article shall be in proportion to the needs of the case.

17. Duration of Employment

1/ The duration of the service of any federal police shall be seven years. The Particulars shall be determined by Regulations.

2/ The service of any federal police shall be terminated for the following reasons:

  • upon death;
  • where the request for release is accepted according to the relevant Regulation;
  • where he is found unfit for the job due to health problem certified by a board of physicians;
  • where he is found guilty by a court of law and the commission decides that the crime shall not make him fit for the job; The particulars shall be determined by regulations to be issued;
  • due to inefficiency or incompetence in leadership or disciplinary misconduct;
  • upon retirement.

18. Rights

1/ Any member of the federal police shall:

  • receive his salary according to the salary scale approved by the government;
  • be entitled to rations, different allowances, uniform, and medical treatment in accordance with administrative regulations of the Commission;
  • enjoy his pension rights pursuant to the pension laws;
  • have the right to be represented by a lawyer of the Commission for liabilities that arise in discharging his responsibilities; Particulars shall be determined by the regulations;
  • have the right to appropriately question superiors under any circumstances, inform mistakes, resolve problems through dialogue, to institutie complaints by following the chains of command, where necessary;
  • have the right to receive compensation for death or bodily injury sustained in relation to his activities in accordance with regulations.

2/ In addition to the rights stated under Sub-Article(1) of this Article, the Commission shall prepare dwelling camps for Federal Emergency Force.

3/ Those rights which are not provided for in this Proclamation shall be governed by the civil service laws.

19. Duties

Any member of the federal police has the duty:

1/ to perform his activities, in accordance with the Criminal Procedure Code and other appropriate laws by honoring the human and democratic rights ensured by the constitution.

2/ to show his identity card while performing his police activities.

20. Age of Retirement

The age of retirement for any member of the federal police shall be 55 years.

21. Abolition of Military Rank

1/ Any federal police who is at any level of position shall have no military rank. However, there shall be a substitution of a police rank and badge; The particulars shall be determined by Regulations.

2/ A member of the federal police shall have uniforms that indicate his position as well as a badge or sign showing his name, number, department and responsibility.

22. Performance

1/ Group performance shall be the main direction of executions by officials and employees found at all levels in the structures of the federal police.

2/ The officials found at all levels of the structure of the federal police shall have the obligation to carry out their duties within their respective responsibilities.

3/ The Federal Police officials and employees shall perform their duties in a group from planning to implementation and evaluation of their activities. The group work shall entail joint and several liability.

4/ The activity of the police shall be based on the participation of the public.

23. Prohibited Activities

Any inhuman or degrading treatment or act is prohibited.

24. Federal Police Complaint Hearing Committee

1/ There shall be a Federal Police Complaint Hearing Organ within the Commission.

2/ The Federal Police Complaint Hearing Organ shall:

  • receive and investigate complaint, comment or criticism forwarded by individuals, offices or organizations or the public on the performance or service of the federal police and organs of the Commission
  • require any Concerned member of the federal police to reply to the complaints lodged;
  • submit to the Commissioner recommendations on the measures to be taken after investigating the complaint, comment or criticism;

3/ A federal police member who has been requested to reply in accordance with Sub-Article (2)(b) of this Article is obliged to do so within 15 days.

PART FOUR

Miscellaneous provisions

25. Relations of the Commission with Regional Police Cpmmissions

1/ The Commission police shall have relations with regional police commissions concerning federal cases.

2/ The regional police organs, while investigating federal Criminal Cases and preventing Crime in accordance with delegation, shall be accountable to the Commission.

3/ The Commission and regional Police Commissions shall hold a joint meeting at least once a year.

4/ The Commission shall give training and professional assistance and other supports to regional police Commissions.

5/ The regional Police Commissions shall send reports and statistical data to the Commission to be commonly used for research and general purposes concerning crimes, traffic offences and security.

6/ The following activities shall be dealt in the joint meetings of the Commission and regional police Commissions:

  • exchange of experience by evaluating the crime prevention and investigation activities;
  • devise, and decide on, joint crime prevention schemes;
  • identify jointly police related matters that require uniform standards; frame the standards; evaluate their implementation.

26. Repealed and Inapplicable laws

1/ The following are hereby repealed:

  • The Police Force Organization Proclamation No. 6/1942;
  • The Police Officers Administration Order No. 82/1973;
  • The Police Officers Promotion, Obligatory Service and Dismissal Regulations No. 430/1973; and
  • Provisions concerning the Police Forces in the Deployment of the State Defence Army of the Central Transitional Government and the Establishment of the Police Force Proclamation No. 8/1991.

2/ Any law inconsistent with this Proclamation shall not be applicable

 

27. Power to Issue Regulations

The Council of Ministers may issue Regulations for the implementation of this Proclamation.

28. Effective Date

This Proclamation shall be effective as of the 27th day of June, 2000.

Done at Addis Ababa, this 27th day June, 2000.

NEGASSO GIDADA (DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

 

 

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