ADDRESSING JUDGES ON JUSTICE AND THE LAW
….
Since in the scale of creation all men are born equal, it is imperative that
all laws should be equitable in their application. For, what is the foundation
of freedom and what are the reasons that men cherish it if they are not equal
before the law?
It is an accepted criterion all over the
world to elect judges on the basis of their merit and not on any other considerations.
In Ethiopia, the Kings received their mission from God and the allegiance of
the people because they have faith in the justice of their actions.
What Our Minister of Justice in his speech
has said on your behalf as well as the four-day conference that you have
attended will undoubtedly contribute to your enlightenment.
Our history shows that the Emperors and
Kings decided cases and handed down judgment based on precedents and the
prevailing custom. They were assisted by the “Fetha Negest,” a legal code
compiled by learned ecclesiastics. It was even a custom to bury a copy of this
code with the Rulers – an act symbolizing the fact that while dispensing
justice in their life-time they had not deviated from the provisions of the
“Fetha Negest.”
Since in the scale of creation all men are
born equal, it is imperative that all laws should be equitable in their application.
For, what is the foundation of freedom and what are the reasons that men
cherish it if they are not equal before the law? The
answer is clear to all of you.
With the assistance of Our elders We have
striven to improve the judicial system of our country from the time that We
accepted the high responsibility of leading the destiny of our nation,
realizing that this is part of our trust. As Saint Paul said: “Where specific
law exists, try according to the law, where there exists no code of law, try
according to your conscience.”
As you have mentioned in your speech We
have been continuously exercised with the task of dispensing justice with
equity. And you must be aware of the enormous effort that we have devoted to
the promulgation of the Civil and Criminal Codes and to secure the service of
foreign legal experts to assist in the execution of these tough tasks both
before and after the promulgation of the Constitution.
This is not the first time that We have
addressed an assembly of this nature. While some of you had actually attended
the meeting that was held earlier at the same place, those of you who were not
present must have read about it.
Those who are selected as judges must
realize their great responsibilities, for a judge must endeavour to discover
the truth so that his judgment will always be impartial and unbiased. He must,
moreover, strive to overcome fear and to resist temptations such as those of
pecuniary gains and favouritism and any other practices that might prevent him
from the proper execution of his duties. He should, in addition, seek guidance
from the Almighty God, be true to his conscience and examine objectively cases
brought before him to aid him in avoiding malpractices.
Ignorance No Excuse
No
judge could claim ignorance or poverty as an excuse for shortcomings in the
administration of justice because he can neither shirk the responsibility
entrusted to him by the Crown nor perjure his God-given conscience. It will be
found that physical and material handicaps which are often short-lived and
transitory are not so harmful as finding one’s self faced with a guilty
conscience. Whenever conflict arises between material and spiritual values the
conscience plays an important role, and anyone who suffers from a guilty conscience
is never free from this problem until he makes peace with his conscience. As
you all are cognizant of those things which displeased God and brings forth
shame, temptations should be rigorously resisted.
Justice is the fundamental axiom for the
survival of freedom and government.
We have always been endeavouring to see
that what is benefiting people elsewhere in the world is made available to Our
own people. For this reason We ourselves have been receiving appeals in Our
Court. Ordinary small cases which naturally cannot be handled by Us because of
shortage of time have been entrusted to our Ministry of Justice and other
judicial authorities in the faith that justice will be dispensed with equity in
accordance with the responsibility bestowed upon Us by the Almighty God.
The problem of administering justice is
not a thing which exists only in Ethiopia; it exists all over the world. As
judges do demand justice for themselves, you should endeavour to administer
justice with equity, remembering the words of Jesus Christ that man cannot live
on bread alone; he has a spirit to care for.
Our people have always been demanding
justice. He who seeks justice knows the value of justice too. This testifies to
the maturity of Our people. This has been said time and again in history and is
not something new. For this reason We are proud of Our people. We say this to
you so that there will be improvement in the future in the administration of
justice. Although there might have been failures in the past there is no doubt
you have endeavoured to administer justice squarely. In order to satisfy all
the demands of all the people, time is required. As We have already pointed
out, that which does not give time is the feeling of a guilty conscience. We
should try to avoid it with all our efforts.
Expansion
An endeavour shall be made to arrive at
prompt decision on the draft regulations defining the responsibilities of the
courts and their administration. It is a well known fact that the budget of the
Ministry of Justice has been increased. It should also be noted that as the
work of the administration of justice expands, studies will be made for the
procurement of still additional funds. There are various means by which the
Ministry of Justice can closely co-operate with other departments of the
government which have their own part to play in carrying out this task. We
shall be passing orders to the Council of Ministers through our Prime Minister
to study the possibility of establishing schools for juvenile delinquents on
the lines of the one functioning in Addis Ababa so that teenage law offenders
who get involved in crimes as a result of their mental instability can be
punished for what they have done in the past and at the same time be protected
against indulging in crimes in the future.
We have time and again said with regard to
the Moslem Community, that the integrity and religious right of everyone should
be protected and respected. As laws are being enacted at all times, We have
long ago permitted the drafting of laws suited to their religious practices.
However, since religion and work go hand in hand, it should be understood that
the laws should be practised in a method not detrimental to the unity of a
nation. Our Minister of Justice will submit for study the details of the
process for the administration of the laws whereupon decision shall be taken.
In general you – judges – should
understand that you have been entrusted with the great responsibility of
protecting the rights of the people and must therefore endeavour to serve with
a spirit of selflessness and integrity so as to free yourselves from guilty
consciousness. We urge you to serve with integrity today so as to set a good
precedent for posterity. Endeavour to serve with integrity, always bearing in
mind what We have told you in the past and what We are now telling you. Since
man has been endowed by the Almighty with the special quality of judging his
own self, let alone passing a judgment on others, at the hour of pronouncing
judgment he must imagine... finding himself to be in the position of the man in
the dock. If one passes a judgment after search of his conscience and careful
reflection picturing his own self in the position of he who stands before him
for trial, and if he does it with good conscience in the interest of the
efficiency of administration of justice, there is no doubt that he will pass
the right judgment.
He who stands before you or Us for trial
is equally our brother. To think that we may tomorrow find ourselves in his
place, that posterity will also find itself in the same difficult situation, in
a fundamental applicable to all professions.
As unfairness and loss of faith in justice
torments both the body and the soul, we urge you to keep yourselves away from befalling
such a calamity. Let the Almighty God engrave these words in the heart of
everyone of us.
Aug. 24, 1961.
Selected
Speeches of His Imperial Majesty Haile Selassie – page 417 –
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