CAUSE OF DELAY IN CRIME INVESTIGATION AND THEIR IMPLICATION ON THE ENFORCEMENT OF THE RIGHT TO SPEEDY TRIAL OF SUSPECT: THE CASE OF BURAYU TOWN, OROMIA NATIONAL REGIONAL STATE

Abstract

The right to a speedy trial is fundamental constitutional right and the extension of crime investigation beyond a reasonable duration, undermines this principle and adversely impact this right of the accused. While it is unrealistic to expect an overnight resolution of every crime investigation, challenges arise when the actual duration of an investigation far surpasses its expected timeframe. This is when researchers label it as a delay in crime investigation. Accordingly, this research aims to identify the cause of delay in crime investigation and their implication on the enforcement of the right to speedy trial of suspect focusing in Burayu Town. It also seeks to discuss the importance of upholding the constitutional rights of suspects to fair and effective investigations in ensuring the enforcement of the right to a speedy trial. In doing so the case study research design and qualitative research methodology were employed and examines the perspectives of investigative officers, suspect, prosecutor and judges, through interviews and questionnaires to gain a comprehensive understanding of the issue. The findings of the study identified various cause of delay in crime investigation at Burayu town and compromising the enforcement of the suspect's right to a speedy trial. Firstly, the study revealed that personal problems of actors involved in the investigation process, along with institutional and legal factors, played a significant role in causing delays of crime investigation. The finding of the study also revealed the role of promotion of timely evidence gathering, strengthening the defence‟s position, preservation of evidence integrity, investigative officer credibility and public confidence as the importance of upholding the constitutional right of suspect to fair and effective investigation in ensuring the enforcement of the right to speedy trial and underscore the negative implication of investigative delay on the enforcement of right to speedy trial of suspect. Based on the findings, the research recommends some policy interventions to the concerned body to address the identified challenges. By shedding light on the causes of delay in crime investigations and its implication on the right to a speedy trial, this research contributes to the on-going discourse on criminal justice reform and underscores the importance of addressing these issues to uphold the fundamental rights of suspects and promote fair and efficient legal process.