OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 90 ADDIS ABABA - 9h September , 2003 CONTENTS Proclamation No. 365/2003 Federal Prisons Commission Proclamation Establishment Page 2370 A PROCLAMAION TO PROVIDE FOR THE ESTABLISHMENT OF FEDERAL PRISONS COMMISSION WHEREAS , it is necessary to set up an organ of Federal Democratic Republic of Ethiopia and that is committed to the laws enacted on the basis of the Constitution ; WHEREAS , in due course of implementing judical reformation and rehabilitation of prisoners in order to duly contribute their part in crime prevention ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) Ethiopia , it is hereby proclaimed as follows : PART ONE GENERAL 1 ) Short Title This proclamation may be cited as the “ Federal Prisons Commission Establishment Proclamation No. 365 / Definition In this Proclamation , unless the context requires otherwise : Unit Price The African Law Archive 1 ) “ Commission ” means the Federal Prisons Commis sion established under this Proclamation . 2 ) “ Joint Council ” means Joint Council of the Com mission of Federal Prisons and Regional Prison heads . 3 ) “ Ministry ” and “ Minister ” means , respectively , Ministry of Federal Affairs and Minister of Federal Affairs . 4 ) “ Prison ” means a federal correctional institution where prisoners sentenced by court serve their sentences , are reformed and rehabilitated ; and where remand prisoners are held in custody until verdict . 5 ) “ Prisoner ” means a convicted prisoner serving a sentence passed by a court authorized by law ; and shall also refer to a person detai ' ed upon judicial remand . 6 ) “ Prison Warden ” shall mean members of the Federal Prisons Commission employed after having obtained basic prison warden - ship training . PART TWO ESTABILISHMENT OF FEDERAL PRISONS COMMISSION 3. Establishment 1 ) The Federal Prisons Commission , hereinafter referred to as “ Commission , " is hereby established and granted its own juridical personality as an organ of the Federal Government . 2 ) Without prejudice to its legal and professional independence , the Commission shall be accountable to the Ministry . Head Office 1 ) The Head Office of the Commission shall be in 2 ) Prisons that were administered under Federal Prison Administration shall be incorporated into the Com mission . 3 ) The Commission may establish , in any place , organs that undertake the powers and duties entrusted to the Commission . 5. Objectives The objectives of the Commission shall be to admit and ward prisoners , and provide them with reformative and rehabilitative service in order to enable them make attitudinal and behavioral changes , and become law abiding , peaceful and productive citizens . 6. Powers and Duties of the Commission The Commission shall have the following powers and duties . 1 ) ward and reform the prisoners it admits upon judical sentences or warrants ; and shall also enforce other judical decisions ; 2 ) take prisoners to court ; 3 ) maintain prisoners ' health care ; and provide prisoners with free medical treatment , food and shelter in accordance with the Regulations to be issued on the basis of this Proclamation ; undertake and encourage tasks , services and activities neces sary for the physical and mental well - being of prisoners ; particulars shall be determined by the Directives to be issued by the commission ; 4 ) provide prisoners with academic education , vocational training , and social work services and counseling services to facilitate their post - release rehabilitation and respect for the law ; particulars shall be determined by regulations and directives ; The African Law Archive 5 ) up on court order , transfer prisoners with warden escort from a Federal Prison to a Regional Prison , or from any prison to another . 6 ) determine and implement disciplinary measures , in accordance with the Regulations or Directives to be issued under this Proclamation , against prisoners who infringe prison rules while in custody ; 7 ) gather and organize country - wide data and statistics about prisoners ; 8 ) submit to the competent organ recommendations of : ( a ) parole , or so that prisoners be released in accordance with the law , on the basis of their behavioral reform ; 9 ) recruit , employ , train and administer the necessary prison wardens and other necessary staff ; 10 ) facilitate opportunities for training in Ethiopia or abroad in order to upgrade the professional com petence of the Commission's employees ; 11 ) undertake studies that can help improve the custody and treatment of prisoners , and that facilitate country - wide similarity and standardization in the professional competence and service of prison wardens ; 12 ) provide professional , technical and advisory assis tance to Regional Prisons ; 13 ) enter into contracts ; sue in its own name ; or , be sued . 7. Structure of the Commission 1 ) The Commission shall have : ( a ) a commissioner and a deputy commissioner appointed by the Federal Government ; ( b ) management council of the commission is composed of commissioner , deputy commis sioner and the head of departments : and ( c ) prison warden and civil service staff necessary for its functions . 2 ) The particulars of organizational set - up of the Commission shall be determined pursuant to Article 9 ( 6 ) of this Proclamation . 8. Powers and Duties of the Management Council of the Commission The Management Council Shall : 1 ) examine studies on countrywide policy , strategy , and standardization towards the improvement of the custody and treatment of prisoners , and towards improving prison administration ; and thereupon submit the studies with recommendations , to the Joint Council of Federal Prison Commissioners and Regional Prison heads ; 2 ) examine studies on the organization , structure and operation of the Commission and submit recommen dations of necessary measures to the Minister ; 3 ) prepare training plans of the Commission , 4 ) prepare the draft budget of the Commission ; and submit same to the Minister through the commis sioner , for approval by the Federal Government 5 ) evaluate the Commission's annual plan , audit report and performance ; and submit same ; with proposals , to the Minister ; 6 ) make efforts towards good relations between the Commission and Regional Prison Commissions . The African Law Archive Powers and Duties of the Minister The Minister shall have the following powers and duties , 1 ) follow - up the overall activities of the Commission ; 2 ) submit to the Prime Minister the nomination of the Commissioner and Deputy Commissioner of the Commission for appointment ; 3 ) approve the appointment of head department of the Commission ; 4 ) submit the annual work plan , draft budget , report and performance of the Commission to the Federal Government with recommendations ; 5 ) follow up that the rights of prisoners are respected and their custody secured , and that prisoners are enable to be reformed and productive citizens upon their release ; 6 ) examine and approve studies submitted by the Commission on organizational and capacity buil ding programs ; take appropriate steps to enhance the competence and effectiveness of the Commission ; and undertake tasks of supervision ; 8 ) take the steps necessary for the implementation of this Proclamation . 10. Powers and Duties of the Commissioner 1 ) The Commissioner shall be accountable to the Minister , and shall direct and coordinate the tasks of the Commission . Without prejudice to Sub - Article ( 1 ) of this Article the Commissioner shall : ( a ) submit the nomination of department head to the Minister for approval ; ( b ) direct the implementation of the Administrative Regulations of the Commission ; ( c ) recruit , employ and train the necessary prison warden , employ and administer other necessary staff ; ( d ) render decisions on appeals lodged against decisions made by the Federal Prisons Com plaints Hearing Organ and Discipline Commit ( e ) prepare and submit the work plan and the draft budget of the Commission , submit same to the Minister , and implement them upon approval by the Federal Government ; ( f ) effect expenditures on the basis of the budget allocated to the Commission , and cause audit and inspection to be conducted ; cause studies to be conducted with regard to the Commission's organization , and capacity buil ding ; as regards improvement of the custody and treatment of prisoners ; and towards facilitating the operational similarity and stan dardization of prison warden service ; ( h ) make efforts towards good relations between the Commission and Regional Prison ( i ) preside over the meetings of the Management Council of the Commission ; ( j ) undertake external relation in matters pertinent to the Commission , 11. Powers and Duties of the Deputy Commissioner 1 ) The Deputy Commissioner shall : ( a ) assist the Commissioner in planning , or ganizing , directing and coordinating the func tions of the Commission ; ( b ) follow up the performance of a part of Commis sion's departments pursuant to the division of labour made as per the structure of the Commis sion ; The African Law Archive ( c ) act in place of the Commissioner in the absence of the latter ; ( d ) perform other duties that may be expressly assigned to him by the Commissioner . 2 ) The Deputy Commissioner shall be accountable to the Commissioner . 12. Budget The budget of the Commission shall be allocated by the Federal Government . 13. Books of Accounts and Audit 1 ) The Commissioner shall keep complete and accurate books of accounts . 2 ) Books of Accounts and financial documents of the Commission shall be audited annually by the Auditor General , or by an auditor designated by the Auditor General . PART THREE ADMINISTRATION OF THE FEDERAL PRISONS WARDEN 14. Requirements for prison warden recruitment 1 ) Any Ethiopian who volunteers to be recruited as a member of the Federal Prisons Commission shall cumulatively fulfill the following : ( a ) Adherence to the Constitution of the Federal Democratic Republic of Ethiopia ; ( b ) The educational standard , physical fitness and good health required upon recruitment for prison warden ; ( c ) Good conduct ; ( d ) No record of criminal conviction by a court of ( e ) Attainment of eighteen years of age or above ; ( f ) Completion of prison wardens ' training . 2 ) The recruitment to be made under Sub - Article ( 1 ) of this Article shall also consider the equitable representation of gender , nations nationalites and peoples . 3 ) Any citizen recruited in accordance with Sub - Article I of this Article shall , if he is a member of a political party , withdraw from his political party membership upon his employment as a prison warden member . 15. Oath Every recruit employed as a prison warden shall take oath of loyalty to the Constitution in carrying out the public confidence and the professional responsibility entrusted to him . The content of the oath shall be determined by regualtions . 16. Term of service 1 ) The term of obligatory service of every prison warden shall be seven years . The particulars of implementation shall be determined by regulations . 2 ) The employment of any prison warden shall ter minate on any one of the following grounds : ( a ) Upon death ; ( b ) When a request for release , submitted in accor dance with the Regulations is accepted ; ( c ) Due to unfitness for his job on account of illness or physical injury verified by a medical board ; ( d ) Due to judical conviction in a criminal offence , which , in accordance with the Regulations , renders him ineligible for his job ; particulars shall be determined by regulations ; ( e ) Owing either to inefficiency reports or dis criplinary fault ; The African Law Archive ( f ) Upon retirement . 17. Rights 1 ) Every prison warden shall be entitled to : ( a ) Salary according to the scale approved by the Federal Government ; ( b ) rations , various allowances , uniforms , and medical service in accordance with the Ad ministrative Regulations of the Commission ; ( c ) retirement pension rights in accordance with pension laws ; ( d ) the services of an attorney at law , at the Commission's expense , for liabilities incurred while carrying out his task within the scope his duties ; particulars of implementation shall be determined by regulations ; ( e ) the benefits stipulated under the relevant pen sion laws , where he , in relation to his duties , sustains injuries that permanently cause his total or partial disability to work . 2 ) Every prison warden ( a ) shall , upon incidence , have the right to forward appropriate questions to his superiors , indicate wrongs and , resolve problems through discus sion ; ( b ) may lodge complaints through the appropriate hierarchy . 18. Duties Every prison warden shall : 1 ) perform his duties by fully respecting the human rights and democratic rights enshrined in the Cons titution and the international instruments adopted by Ethiopia , and in accordance with other relevant laws ; 2 ) show an identity card that verifies his identity while carrying out his duties . 19. Age of Retirement The age of pension retirement for any prison warden shall be same as that of civil servants as determined by the relevant pension lwas . 20. Copmplaints Hearing Organ of Federal Prisons Complaints Hea , ing Organ of Federal Prisons Commis sion shall be established ; the particulars shall be deter mined by the Directives to be issued by the Commission . 21. Administrative Regulations Federal Prisons ' Wardens ' regulations shall be issued by the Council of Ministers . PART FOUR TREATMENT OF PRISONERS 22. Principle 1 ) Prisoners shall have the right to be treated conditions of respect for human dignity . 2 ) The treatment of sentenced prisoners shall facilitate their post - release respect for law and their rehabilitation towards self - supporting reintegration into society . 3 ) Remand and civil prisoners shall not be persumed as offenders , and shall be entitled to treatment different from convicted prisoners . No person shall be admitted into custody by the Commission without court warrant . The African Law Archive 24. Prohibition of Discrimination No adverse distinction shall be made among prisoners on grounds of gender , religior . , political opinion , nation , nationality , of social origin . 25. Separate Accommodation 1 ) Female prisoners shall have prison premises entirely separate from male prisoners . 2 ) To the extent that circumstances allow , prisoners shall have separte accommodation on the basis of age , offences and similar factors . 26. Accommodation Standards 1 ) Prison premises and compounds shall not be hazar dous to health ; and they shall have fresh air and sufficient lights . 2 ) without prejudice to Sub - Article 1 of this Article , prison premises shall have the due variation to accommodate prisoners with manifest behavioral reform and repentance , thereby motivating a positive spirit towards reform and rehabilitation . 27. Food and Health Care Prisoners shall , free of charge , be provided with suf ficient food and the necessary medical care and treatment that , as much as possible , enable the maintenance of their health . 28. Female Prisoners Having Dependent Infants 1 ) Where his interest so requires , a dependant infant not beyond eighteen months and that needs close mater nal care may stay with his mother who is in custody . 2 ) The Commission shall provide what is necessary to the health and care of the infant . 3 ) Where the imprisonment of the mother is found to have an adverse physical or psychological impact on the infant , the commission shall facilitate the pos sibilities of finding a guardian or tutor to the infant . 29. Access to visitors Prisoners shall have the right to communicate with their spouses , close relatives , friends , medical doctors , legal counselors and religious leaders . Particulars shall be determined by the Directives to be issued by the Commission . 30. The right to impart information about imprisonment and transfer Every Prisoner shall have the right to promptly inform his family or any person of his imprisonment , or of his transfer on any ground from his current prison to another . 1 ) Every prisoner serving his sentence shall be assigned to work that suits his ability and vocation , and that does not affect his health ; and shall receive remuneration for his work in accordannce with the Directives to be issued by the Commission . 2 ) The conditions of permission to enable prisoners settle various social problems with warden's escort shall be determined by directives . The African Law Archive 32. Obligations of prisoners Prisoners shall observe the desciplinary requirements stipulated by regulations or directives pertaining to custody , discipline , sanitation , health care , social life , and other issues . 33. Criminal offence Any prisoner who commits a criminal offence while in custody shall be liable under criminal law . PART FIVE Miscellaneous Provisions 34. Functional relations of the Commission with Regional Prison Authorities 1 ) The Commission shall , have relations with Regional Prison Authorities in order to improve and enhance the administration modus operandi of prisons , the custody and treatment of prisoners , and also facilitate training opportunities to prison warden and other staff . 2 ) The Commission and Regional Prison Authorities may at any time hold the meeting of the Joint Council . 3 ) The Joint Council shall be presided by the Federal 4 ) The Joint Council shall : ( a ) issue Internal Regulations on mutual perfor mance modalities ; ( b ) share experience by reviewing the activities of prisons ; cause the development and standar dization of performance rules and directives with regard to their content ; ( c ) jointly devise the direction , content and stan dard of prison wardens ' training . ( d ) deliberate on the studies presented by the Commission in accordance with Article 8 Sub Article ( 1 ) of this Proclamation ; submit ine studies to the competent organ for a decision on courses of action , or render decisions within the scope of its functions ; and ensure their im plementation . 5 ) The Commission and Regional Prison Authorities shall supervise the practical implementation of the decisions of the Joint Council in their respective organs . 6 ) Regional Prisons shall forward to the Commission priodic reports and statistics as regards the general condition of prisoners . 1 ) No prison warden member of any hierarchy shall have a military rank . However , he shall have ranks and badge of the Prison warden . The particulars shall be determined by regulations . 2 ) Every prison warden shall have a uniform and a badge or sign that indicates his identity including his name , serial number , department and position . 36. Performance modalities 1 ) Teamwork shall be the principal pattern of perfor mance by officials and employees at all levels of the Commission's structure . Teamwork shall entail joint and several responsibilities . 2 ) Officials of the Commission at all levels shall discharge their duties of decision - making in accor dance with the powers entrusted to them . The African Law Archive 3 ) The activities of the Commission shall pursue the principles of accountability and trans parancy ; and shall be based on popular par ticipation . 37. Forbidden acts Any treatment or act , that is inhuman or that violates human dignity is forbidden . 38. Repealed and inapplicable laws 1 ) The Prisons Administration Establishment Proclamation No. 45/1944 has been repealed by this Proclamation . 2 ) Any law which is inconsistent Proclamation shall not apply to matters provided for in this Proclamtion . 39. Powers to issue regulations and directives 1 ) The Council of Ministers may issue regulations for the implementation of this Proclamation . 2 ) The Commission shall have the power to issue directives the implementation of Proclamation and the Regulations issued there under . 40. Effective Date This Proclamation shall come into force as of the 9th day of September , 2003 . Done at Addis Ababa , this 9ch day of September , 2003 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive