Council of Ministers Regulations No. 72/2001 Special Public Prosecutors Administration Council of Ministers Regulations | GOALGOOLE | Because you need Information for your goals !
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Council of Ministers Regulations No. 72/2001 Special Public Prosecutors Administration Council of Ministers Regulations

COUNCIL OF MINISTERS REGULATIONS NO.72/2001
COUNCIL OF MINISTERS REGULATIONS TO
PROVIDE FOR THE ADMINISTERATION OF
THE SPECIAL PUBLIC PROSECUTORS

These Regulations are issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995.
PART ONE
General

1. Short Title

These Regulations may be cited as the “Special Public Prosecutors Administration Council of Ministers Regulations No. 72/2001.”

2. Definitions

In these Regulations, unless the context requires otherwise:

1)    “Proclamation” means the Special Public Prosecutors Office Establishment No. 22/1992”;

2)    “Office” means the Special Public Prosecutor’s Office;

3)    “Commission” means the Commission of Special Public Prosecutors established pursuant to Article 47 of theseRegulations;

4)    “Special Public Prosecutors” includes Assistant Chiefs of the Special Public Prosecutors and other Special Public

Prosecutors appointed pursuant to Sub Article (2) of Article 3 of the Proclamation.

5)    “Promotion” means the promotion of a Special Public Prosecutor to the next higher grade as provided in Sub Article

(5) of Article 24 of these Regulations.

3. Scope of Application

These Regulations shall be applicable to Special Public Prosecutors.

PART TWO

Appointment and Accountability
of Special Public Prosecutors

4. Appointment

1) The qualification and appointment of Special Public Prosecutors shall be as provided under the Proclamation.

2) Special public Prosecutors shall be given a letter of appointment.

5. Accountability

1)  Special Public Prosecutors shall be accountable to the Chief of the Special Public Prosecutors.

2) Without prejudice to the provisions of Sub-Article (1) of this Article, a Special Public Prosecutor shall also be accountable to his immediate superior.

PART THREE

Rights and Obligations of Special
Public Prosecutors

6. Protection

Special Public Prosecutors and their families shall be physically protected from threats and attacks in the course of their function.

7. Professional Training and Education

Where the Office deems it necessary, Special public Prosecutors:

1)    shall be offered opportunities to enroll in related training, short term courses, seminars and higher education at home or abroad with a view to enhance their skills and ensure the efficient discharge of their function;

2)    shall be provided with special training and education to promote their knowledge of international human rights and humanitarian laws.

8. Obligation of Special Public Prosecutors

Special Public Prosecutors, in their prosecutorial and investigation function shall:

1)    as the agent of criminal justice, respect and safeguard the integrity, dignity and honour of the profession;

2)    execute their responsibility effectively and legally; respect human right, dignity and health of any person; contribute to the smooth functioning of the administration of cranial justice system;

3)    function in such a way that is impartial and free from political, social, religious, racial, cultural and sexual or any other legally unjustified discriminations;

4)    execute diligently, honestly, cautiously and speedily their work:

5)    keep matters in their possession confidential unless the performance of the their duty or justice so requires;

6)    not engage in external works inconsistent with their duty and professional ethics;

7)    execute obediently the legal order of their superior;

8)    carry out researches, provide advises and design systems to the office to enable it to discharge the responsibility conferred to it by law and implement same when approved by the office.

9)    report to the office any violations of the Proclamation and these Regulations.

PART FOUR

Conditions of Work

Section One

Attendance

9. Regular Hours of Work

1) The working days and hours of government institutions shall be applicable to working days and hours of Special Public Prosecutors.

2) In these working days and hours, Special Public Prosecutors shall devote their whole energy knowledge and talent to discharge the duties and responsibilities of the office.

3) Special Public Prosecutors shall be in their work unless they are unable to do so for reasons beyond their control.

4) Where Special Public Prosecutors are unable to come to work due to adequate and legal reasons, they shall report same to the office.

Section Two

Leave

10. Annual Leave

1) Special Public Prosecutors shall have the right to annual leave with pay.

2) The following annual leave shall be granted to prosecutors:

(a) thirty (30) working days for a Special Public Prosecutor who has served for one year.

(b)  thirty (30) working days plus one working day for every additional year of service for a Special Public Prosecutor who has served more thane one year. However, annual leave calculated in such a manner shall not exceed forty (40) working days:

11. Granting of Annual Leave

1) The annual leave year shall be the fiscal year of the government.

2) Annual leave shall be taken without interruption at one time in the fiscal year. However, in special cases it may be permitted to take annual leave by installment.

3) Annual leave which has not been taken within the fiscal year shall be waived. However, it may be transferred to the

next fiscal year where there is good cause.

12. Postponing Annual Leave

1) If the exigencies of the service unexpectedly prevent a prosecutor from taking his full annual leave or part of it within

the leave year, it shall be postponed to the next fiscal year.

2) Any leave shall be postponed in accordance with Sub-Article (1) of this Article, only for a maximum of two consecutive leave years.

3) If, for reasons other than those stated in Sub-Article 1) of this Article, annual leave is not taken fully or partially, it shall be forfeited

13. Sick Leave

Special Public Prosecutors may be granted sick leave as follows:

1)    The sick leave cannot be more than six months in a fiscal year whether the sick leave is taken successively or separately starting from the first day of the sickness;

2)    No sick leave shall be granted if the sick leave already granted in the aggregate reached eight months in a period of four years;

3)    When a Special Public Prosecutor is absent from his work for more than three consecutive days due to sickness, he shall submit a medical certificate;

4)    For a fiscal year, sick leave shall be granted in the following manner:

(a)    for the first two months with full salary pay;

(b)    for the next two months with half salary pay;

(c)    for the next two months with no salary pay;

5)    Where, the aggregate number of days during which any Special Public Prosecutor is absent from office due to sickness without a medical certificate, exceeds six (6), the number of days exceeding six (6) shall be deducted from his annual leave.

14. Maternity Leave

1) A pregnant Special Public Prosecutor shall be entitled to maternity leave with pay for diagnosis and treatment. The Special Public Prosecutor shall submit valid medical certificate.

2) A pregnant Special Public Prosecutor shall be granted a period of thirty (30) consecutive day of maternity leave with pay preceding the presumed date of her confinement and a period of sixty (60) consecutive days of maternity leave after confinement.

15. Mourning Leave

1) A Special Public Prosecutor, whose wife or husband, father, mother or guardian, brother, sister, natural or adopted child dies, shall be granted seven days mourning leave with pay.

2) Without prejudice to Sub-Article (1) of this Article, Special Public Prosecutors shall be granted mourning leave with pay for not more than ten (10) days during a fiscal year.

16. Marriage Leave

Special Public Prosecutors shall be granted seven working days of marriage leave with pay.

17. Special Leave

Special Public Prosecutors shall be granted special leave with pay when ordered to appear before a legal body for the period necessary for such appearance, on production of the summons.

18. Research and Educational Leave

1) Special Public Prosecutors may be entitled to Research and Educational leave to carry out research or follow up professional training and education related to their work.

2) Special Public Prosecutors shall be entitled to leave for the duration of exams of the courses they are enrolled in.

19. Application for Leave

All leave shall be requested in written application unless the Special Public Prosecutor is encountered with circumstances preventing him from doing so.

Section Three

Assignment of Job

20. Regular Job Assignment

The Chief of Special Public Prosecutors shall assign jobs to the Special Public Prosecutors.

21. Necessary Job Assignment

Where the Chief of Special Public Prosecutors deems it necessary, he shall make necessary job assignment to Special Public Prosecutors in addition to, or in lieu of the regular job assignment for the effective execution of the work.

22. Equitable Assignment

The Chief of Special Public Prosecutors shall assign the regular or the necessary job equitably taking into account the ability, capacity and work load of the Special Public Prosecutor.
Section Four

Salary and Allowances

23. Salary

1) The Salary of Special Public Prosecutors shall be in accordance with the salary scale of the office.

2) Special Public Prosecutors shall be paid the salary corresponding to their position.

24. Sundry Allowances
Sundry allowance payable to Special Public Prosecutors shall be determined by directives to be issued by the office with the approval of the Government.

25. Promotion

1) Promotion shall be based on qualification, ability, experience, commitment, hard work and good discipline of the Special Public Prosecutors.

2) Promotion shall be valid when decided by the commission and approved by the Chief of the Special Public Prosecutors.

3) A one year service in a prior grade is mandatory for a new grade promotion.

4) Prior service rendered at any place and time can be considered for assessment of promotion.

5) The following are Grades of Promotions:

(a) Candidate Special Public Prosecutor.

(b) Special Public Prosecutor Grade Three;

(c) Special Public Prosecutor Two;

(d) Special Public Prosecutor One;

(e) Higher Special public Prosecutor Grade Three;

(f) Higher Special Public Prosecutor Grade Two.

(g) Assistant Chief of Special Public Prosecutor.

26. Increments

1) Where a Special Public Prosecutor demonstrates good performance and discipline, he shall receive salary increment according to the salary scale of the office every two years provided his current salary does not exceed the anticipated salary.

2) The rate of increment shall be the difference between the current salary and the next step according to the salary scale of the office.

3) The date from which an increment is due shall be based on the date of the appointment of the Special public Prosecutor or the date on which the last increment was granted.

4) Where the salary of a public Prosecutor, as a result of his appointment to a higher grade, is equal to that of the next step salary for which he would have been eligible had he not been appointed, the waiting period for the next periodic increment shall continue to run from the date of the last periodic increment in the grade from which he was appointed.
Section Five
Medical Benefits

27. Medical Privileges

Any Special Public Prosecutor shall have the right, during his sickness, to be treated in a hospital as an in patient or out patient and the full medical expenses shall be covered by the office.

28. Medical Expenses for Family

The office shall pay half of the medical expenses to the wife or husband or child of the Special Public Prosecutors where they are treated in a hospital as in patients or out-patients.

29. Selection of Medical Institution

The office may designate the medical institutions where Special Public Prosecutors and their family may be treated.

30. Damages in Cases of Employment Injuries or Occupational Diseases

1) The right of a Special Public Prosecutors permanently and totally disabled due to employment injury, or occupational disease, shall be realized in accordance with the relevant pension law.

2)  Where a Special public Prosecutor has suffered permanent and/or partial disablement caused by employment injury or occupational disease, but is still fit for work, he shall continue in his work. He shall, however be entitled to compensation in accordance with the relevant pension law.
Section Six
Efficiency

31. Efficiency Reports

1) Efficiency report of Special Public Prosecutors shall be prepared in conformity with the specialty of the duties of the office.

2) Efficiency reports of Special Public Prosecutors shall be prepared based on objective factors of the special public prosecutors.

32. Efficiency Reports Preparation

1) Efficiency report of Special Public Prosecutors shall be carefully prepared once a year by their respective superiors.

2) Without prejudice to sub Article (1) of this Article, the Chief of Special Public Prosecutors may request efficiency report of any Special Public Prosecutor at any level of appointment.

33. Complaint on Efficiency Report

1) Special Public Prosecutors have the right to file complaint on efficiency report.

2) Such complaint may be reviewed by the commission of Special Public Prosecutors and shall be submitted to the Chief Public prosecutor with recommendation.

3)  The decision by the Chief of Special Public Prosecutors on this matter shall be final.

34. Adverse Report

Where the recommendation of the commission shows that the efficiency report of a Special Public Prosecutor is extremely low and he is unable to carry out the duty assigned to him the Chief of the Special Public Prosecutor shall decide the removal of such Special Public Prosecutor from his office.

35. Maintenance of Efficiency Report

Efficiency report shall be kept in the personal file of each Special Public Prosecutor.
Section Seven
Termination Of Service

36. Request for Resignation

1) Special Public Prosecutors may of their own free will and on any ground request resignation.

2) Request for resignation shall be submitted in written application to the Chief of Special Public Prosecutors forty (40 days prior to the date of the intended termination of service.

3) A Special Public Prosecutor shall take particular care to avoid interruption and damage on the work until his request for resignation is accepted.

4) On receiving an application for resignation, the Chief of Special Public Prosecutors may extend the effective date of resignation for not more than thirty (30) days to avoid interruption and damage on the work of the office.

5) The Chief of Special Public Prosecutors shall, to the extent possible, give prompt decision on the request for resignation.

6) A Special Public Prosecutor who resigns from the Office shall receive a certificate indicating his service time, efficiency report, position salary, and contribution.

37. Retirement

1) Special Public Prosecutors shall terminate service in accordance with the relevant pension law.

2) Without prejudice to Sub- Article (1) of this Article a special prosecutor who agrees to remain in service  may be retained for a period not exceeding three years with the approval of the appropriate government organ;

3) The grounds for the termination of service, upon reaching retirement age, privileged, rights and duties shall be determined by Federal Public Service Pension law.

38. Other Grounds for Termination of Service

1) A Special Public Prosecutors who cannot recover from illness notwithstanding medical treatment during the time stipulated under Article 13 of these Regulations and become no longer fit for service shall retire from service.

2) Where the efficiency report shows extremely low performance, the Special Public Prosecutor shall be dismissed with a forty five (45) days notice.

3) A Special Public Prosecutor shall be dismissed if he is convicted by a competent court for not less than one year imprisonment.

4) A Special Public Prosecutor may be dismissed from his post and work if he is penalized for serious disciplinary of offence.

5) The dismissal of a Special Public Prosecutor from his post and work under this Article and other Articles of these regulations by the Chief of Special Prosecutors shall be reported to the Prime Minister’s Office.
Section Eight

Discipline

39. Objectives of Disciplinary Penalty

The objective of disciplinary penalty is to correct a Special Public Prosecutor committing disciplinary offenses and educate him to carry out his responsibility in accordance with the law and professional ethics and to dismiss him from his post and work if corrective measures fail.

40. Disciplinary Offenses

1) The following are disciplinary offenses:

(a) taking or soliciting bribes;

(b) doing favor through intermediaries with intent to obtain unlawful benefit for himself or for another.

(c) falsification of written documents with intent to obtain benefit for himself or for a third party;

(d) creating a situation which leads to an improper decision through intentionally failing to inform or concealing relevant information or evidence;

(e) creating inconvenience to the public by delaying service without good cause;

(f) consumption of narcotic drugs or other illegal substance of such a nature;

(g) to be found drunk in office or at public places thus harming professional ethics and the reputation of the office.

(h) regular absence from work without good cause or without obtaining leave;

(i) initiating quarrel and assault at work place;

(j) Committing any act contrary to moral and good behavior at work place.

(k) damaging office property intentionally or with gross negligence;

(l) disobedience to execute the written or oral lawful order of the superior;

(m) not showing diligence at work;

(n) obstructing the smooth execution of work by not cooperating with colleagues.

2) Offences specified under Sub-Article (1) (a-f) and (1) of this Article are serious disciplinary offences while, the rest are simple disciplinary offences.

Section Nine

Disciplinary Charges

41. General

1) All charges brought against, or temporary actions, penalties, or executions or appeals by, Special public Prosecutors, for violation of discipline under Article 40 shall be governed by these Regulations.

2) Disciplinary charges brought against Special Public Prosecutors shall be tried by impartial and independent commission.

42. Disciplinary Penalties

1) Where a Special Public Prosecutor is found guilty of disciplinary offenses the following penalties may be imposed.

2) Where it is deemed necessary, the penalty set forth under Sub-Article (1) may be imposed concurrently.

3) Where the Special Public Prosecutor penalized with a written warning shows improvement in conduct and similar of other new disciplinary proceeding is not instituted against him within six months, he may request for the removal of the prior written warning from his personal file.

43. Commencement of Disciplinary Proceeding and Decisions

Where a Special Public Prosecutor commits disciplinary violation the Chief of Special Public Prosecutors shall order investigation to be conducted and may, after considering the response of the offender refer the case to the Commission.

44. Temporary Actions

1) The Chief of Special Public Prosecutors shall, until the Commission renders appropriate decision, suspend the Special Public Prosecutor charged with disciplinary offense from salary and work for not more than thirty (30) days.

2) If the Commission requires extra time to give decision the suspension shall be extended for not more than fifteen (15) days.

45. Disciplinary Procedure

1) A Special Public Prosecutor charged with disciplinary offenses shall be provided with a charge sheet together with the evidence to enable him to understand the charge and present his defence either in writing or explain by appearing physically.

2) The Commission, having conducted the investigation of the case, shall render decision pursuant to Article 42 of these Regulations.

46. Right to Appeal

1) An appeal against the decision of the Commission may be filed to the Chief of Special Public Prosecutors within thirty

(30) days.

2) The decision of the Chief of Special Public Prosecutor shall be final.

3) If the charge brought against a Special Public Prosecutor for committing disciplinary offense results in dismissal from

position and work, Sub Article (5) of Article 38 of these Regulations shall apply.
PART FIVE
Commission

47. Establishment

A Commission, to conduct the affairs of promotion and disciplinary charges of Special Public Prosecutors, and to perform other duties provided under these Regulations, is hereby established.

48. Members of the Commission

1) The Commission shall consist of three members: the chair person of which is to be appointed by the Chief of Special Public Prosecutors from among the Special Public Prosecutors and two members to be appointed by Special Public Prosecutors themselves.

2) Two additional members shall be selected by Special Public Prosecutors to fill vacant position or to replace others in cases of unforeseen situation.

3) The members of the Commission shall serve for two years. But they may be eligible for re-appointment.

4) The Chief of Special Public Prosecutors shall assign a secretary from among the Special Public Prosecutors.

(a)  Reprimand:

(b) Written warning;

(c)  A fine note exceeding one month salary;

(d) Down grading from a position; or

(e) Dismissal.

49. Powers and Duties of the Commission

The Commission:

1)    shall try and decide upon disciplinary charges brought against Special Public Prosecutors;

2)    shall consider the promotion of Special public Prosecutors and forward recommendations to the Chief of the Special  public Prosecutors;

3)    shall recommend if requested by the  Chief of Special Public Prosecutors, candidate Special Public Prosecutors for

appointment in accordance with the Proclamation;

4)    shall conduct study and recommend, to the Chief of Special Public Prosecutors, salary adjustment and payment of

allowances;

5)    shall investigate into the adverse report of Special public Prosecutors and submit recommendation accordingly;

6)    shall carry out other duties given by the Chief of Special Public Prosecutors.

50. Rules of Procedure of the Commission

The rules of procedure of the Commission shall be as follows:

1)    There shall be a quorum when all members are present.

2)    All matters shall, as so far as possible, be decided by consensus or by majority vote.

3)    The Commission shall communicate any decision to the Chief of Special Public Prosecutors.

4)    The Commission shall issue its own rules of procedure.

PART SIX

Miscellaneous Provisions

51. Right to petition

1) Any aggrieved Special Public Prosecutor shall have the right to complain.

2) The complaint shall be submitted in writing to the immediate superior of the Special Public Prosecutor who caused the grievance.

52. Open Participation and System of Work

The overall operation of the Office shall be transparent and involve the participation of Special Public Prosecutors.

53. Power to Issue Directives

The Special Public Prosecutors Office may issue directive for the implementation of these Regulations.

54. Effective Date

These Regulations shall come into force as of the day of their publication in the Federal Negarit Gazeta.
Done at Addis Ababa this 8th day of March, 2001.

MELES ZENAWI
PRIME MINESTER OF THE
FEDERAL DEMOCRATIC REPUBLIC
OF ETHIOPIA