Eritrea - Revision history

IBJadmin: /* Quick Facts */

2018-03-08T16:43:00Z

Quick Facts

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	~~‘Although~~ the government issued a new criminal procedure code in 2015, requiring warrants for arrest, access to defense counsel, and other procedural safeguards, including the right to petition for habeas corpus, there is no evidence that any of these protections has been implemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018</ref>.		Although the government issued a new criminal procedure code in 2015, requiring warrants for arrest, access to defense counsel, and other procedural safeguards, including the right to petition for habeas corpus, there is no evidence that any of these protections has been implemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018</ref>.

	==Sources==		==Sources==

IBJadmin: /* Quick Facts */

2018-03-08T16:42:41Z

Quick Facts

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	Per 100,000 people, the suicide rate is at 8.7 for females and 25.8 for males.		Per 100,000 people, the suicide rate is at 8.7 for females and 25.8 for males.

	~~‘No~~ national elections have been held since self-rule in 1991<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018. </ref>.’		No national elections have been held since self-rule in 1991<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018. </ref>.

	‘A constitution adopted in 1997 remains unimplemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018.</ref>.’		A constitution adopted in 1997 remains unimplemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018.</ref>.

IBJadmin: /* Quick Facts */

2018-03-08T16:41:45Z

Quick Facts

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	There are currently 379,000 refugees from Eritrea.		There are currently 379,000 refugees from Eritrea.

	Per 100,000 people, the suicide rate is at 8.7 for females and 25.8 for males.‘No national elections have been held since self-rule in 1991<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018. </ref>.’		Per 100,000 people, the suicide rate is at 8.7 for females and 25.8 for males.

			‘No national elections have been held since self-rule in 1991<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018. </ref>.’

	‘A constitution adopted in 1997 remains unimplemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018.</ref>.’		‘A constitution adopted in 1997 remains unimplemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018.</ref>.’

IBJadmin: /* Pre-Trial */

2018-03-08T09:44:45Z

Pre-Trial

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	''Interrogation'''		'''Interrogation'''

	Before being charged in Court		Before being charged in Court

IBJadmin: /* Pre-Trial */

2018-03-08T09:44:18Z

Pre-Trial

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	'''Arrest and Detention'''		'''Arrest and Detention'''


	Article 7 of the CPC:		Article 7 of the CPC:

IBJadmin: /* Pre-Trial */

2018-03-08T09:44:00Z

Pre-Trial

IBJadmin: /* Rights in prison */

2018-03-08T09:42:33Z

Rights in prison

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	==Quick Facts==		==Quick Facts==

	The population total is 5 million.		The population total is 5 million.

IBJadmin: /* References */

2018-03-08T09:42:02Z

References

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	‘Although the government issued a new criminal procedure code in 2015, requiring warrants for arrest, access to defense counsel, and other procedural safeguards, including the right to petition for habeas corpus, there is no evidence that any of these protections has been implemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018</ref>.		‘Although the government issued a new criminal procedure code in 2015, requiring warrants for arrest, access to defense counsel, and other procedural safeguards, including the right to petition for habeas corpus, there is no evidence that any of these protections has been implemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018</ref>.

	==~~References~~==		==Sources==

	The Constitution of the State of Eritrea 1997, availableat		The Constitution of the State of Eritrea 1997, availableat
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	‘Eritrea’ (8 April 2011) available at U.S. Department of Statehttps://www.state.gov/j/drl/rls/hrrpt/2010/af/154345.htm, accessed on 28 February 2018.		‘Eritrea’ (8 April 2011) available at U.S. Department of Statehttps://www.state.gov/j/drl/rls/hrrpt/2010/af/154345.htm, accessed on 28 February 2018.
	‘Eritrea’ available at Human Rights Commission https://humanrightscommission.house.gov/defending-freedom-project/prisoners-by-country/Eritrea, accessed on 4 March 2018.		‘Eritrea’ available at Human Rights Commission https://humanrightscommission.house.gov/defending-freedom-project/prisoners-by-country/Eritrea, accessed on 4 March 2018.

			===References===

IBJadmin: /* Rights in prison */

2018-03-08T09:40:59Z

Rights in prison

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	Courts have the power and duty to investigate the conditions in prison according to Article 9(5) of the CPC but despite this, ‘prisoners are held in vastly overcrowded cells, underground dungeons, or shipping containers, with no space to lie down, little or no light, oppressive heat or cold, and vermin. Food, water, and sanitation are inadequate.Beatings and other physical abuse in detention have frequently been reported, sometimes resulting in deaths. The commission of inquiry concluded that the prevalence of torture is a “clear indicator of a deliberate policy” to “instill fear among the population and silence opposition.” Many prisoners simply disappear<ref>‘Eritrea Events of 2015’ available at https://www.hrw.org/world-report/2016/country-chapters/eritrea, accessed on 28 February 2018.</ref>.’		Courts have the power and duty to investigate the conditions in prison according to Article 9(5) of the CPC but despite this, ‘prisoners are held in vastly overcrowded cells, underground dungeons, or shipping containers, with no space to lie down, little or no light, oppressive heat or cold, and vermin. Food, water, and sanitation are inadequate.Beatings and other physical abuse in detention have frequently been reported, sometimes resulting in deaths. The commission of inquiry concluded that the prevalence of torture is a “clear indicator of a deliberate policy” to “instill fear among the population and silence opposition.” Many prisoners simply disappear<ref>‘Eritrea Events of 2015’ available at https://www.hrw.org/world-report/2016/country-chapters/eritrea, accessed on 28 February 2018.</ref>.’


	'''Immigrant detention'''		'''Immigrant detention'''

	The CPC does not speak to immigration detention. ‘The detention of migrants does not appear to be a significant issue in Eritrea as it is not a destination for migrants but rather a source country for refugees attempting to flee to Europe and the Gulf. Eritrea’s authoritarian government reportedly does not provide information on the detention of foreigners or allow independent groups to monitor detention centres, making it effectively impossible to get any details about this issue<ref> ‘Eritrea Immigration Detention’ available at https://www.globaldetentionproject.org/countries/africa/eritrea, accessed on 28 February 2018. </ref>.’		The CPC does not speak to immigration detention. ‘The detention of migrants does not appear to be a significant issue in Eritrea as it is not a destination for migrants but rather a source country for refugees attempting to flee to Europe and the Gulf. Eritrea’s authoritarian government reportedly does not provide information on the detention of foreigners or allow independent groups to monitor detention centres, making it effectively impossible to get any details about this issue<ref> ‘Eritrea Immigration Detention’ available at https://www.globaldetentionproject.org/countries/africa/eritrea, accessed on 28 February 2018. </ref>.’


	'''Right to medical care in prison''''		'''Right to medical care in prison''''

	The CPC does not speak to the right to medical care and the Constituion of Eritrea itself does not state healthcare or access to medical treatment to be a right allocated to the citizens. It is for this reason that medical treatmentin prisons are poor. ‘The government does not provide adequate provisions for basic and emergency medical care in prisons and detention centers, and detainees were known to have died due to lack of medical treatment during the year<ref> ‘Eritrea’ available at https://www.state.gov/j/drl/rls/hrrpt/2010/af/154345.htm, accessed on 28 February 2018</ref>.’		The CPC does not speak to the right to medical care and the Constituion of Eritrea itself does not state healthcare or access to medical treatment to be a right allocated to the citizens. It is for this reason that medical treatmentin prisons are poor. ‘The government does not provide adequate provisions for basic and emergency medical care in prisons and detention centers, and detainees were known to have died due to lack of medical treatment during the year<ref> ‘Eritrea’ available at https://www.state.gov/j/drl/rls/hrrpt/2010/af/154345.htm, accessed on 28 February 2018</ref>.’


	'''Mental health care'''		'''Mental health care'''

	The CPC nor the Constitution provides for healthcare so the idea of mental healthcare is not an area that is expected to be tackled by any legislation.		The CPC nor the Constitution provides for healthcare so the idea of mental healthcare is not an area that is expected to be tackled by any legislation.


	'''Restriction of rights'''		'''Restriction of rights'''

	The CPC does not speak to any restrictions of prisoner’s rights but upon inspection of the facts mentioned above and below, it can be concluded that the fundamental human rights of dignity and equality are infringed due to the poor prison conditions and inhumane treatment of prisoners.		The CPC does not speak to any restrictions of prisoner’s rights but upon inspection of the facts mentioned above and below, it can be concluded that the fundamental human rights of dignity and equality are infringed due to the poor prison conditions and inhumane treatment of prisoners.


	'''Women’srights in prison'''		'''Women’srights in prison'''

	The transitional civil code and the Constitution prohibited discrimination against women<ref>Eritrea’ available at https://www.hrw.org/legacy/wr2k2/africa4.html, accessed on 28 February 2018.</ref> and the government had traditionally advocated improving the status of women but this does not play out in the realities of Eritrea. According to a 2017 Human Right Report, women are imprisoned for resisting the sexual advances of military officers; they face poor prison conditions; they suffer malnutrition; they do not receive proper medical treatment and many die due to such harsh conditions<ref>‘Report on Women’s Rights Violations in Eritrea – HRCE Report 1/2017’ available at http://hrc-eritrea.org/report-on-womens-rights-violations-in-eritrea-hrce-report-12017/, accessed on 28 February 2018</ref>.		The transitional civil code and the Constitution prohibited discrimination against women<ref>Eritrea’ available at https://www.hrw.org/legacy/wr2k2/africa4.html, accessed on 28 February 2018.</ref> and the government had traditionally advocated improving the status of women but this does not play out in the realities of Eritrea. According to a 2017 Human Right Report, women are imprisoned for resisting the sexual advances of military officers; they face poor prison conditions; they suffer malnutrition; they do not receive proper medical treatment and many die due to such harsh conditions<ref>‘Report on Women’s Rights Violations in Eritrea – HRCE Report 1/2017’ available at http://hrc-eritrea.org/report-on-womens-rights-violations-in-eritrea-hrce-report-12017/, accessed on 28 February 2018</ref>.


	==Quick Facts==		==Quick Facts==
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	‘Although the government issued a new criminal procedure code in 2015, requiring warrants for arrest, access to defense counsel, and other procedural safeguards, including the right to petition for habeas corpus, there is no evidence that any of these protections has been implemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018</ref>.		‘Although the government issued a new criminal procedure code in 2015, requiring warrants for arrest, access to defense counsel, and other procedural safeguards, including the right to petition for habeas corpus, there is no evidence that any of these protections has been implemented<ref>‘Eritrea Events of 2016’ available at https://www.hrw.org/world-report/2017/country-chapters/eritrea, accessed on 27 February 2018</ref>.


	==References==		==References==

IBJadmin: /* Ways to protect rights */

2018-03-08T09:40:08Z

Ways to protect rights

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	According to Article 133(2) of the CPC, ‘No evidence shall be admitted in any criminal prosecution if the Court is satisfied that such evidence was obtained in violation of the Constitution of Eritrea or the provisions of this Code.		According to Article 133(2) of the CPC, ‘No evidence shall be admitted in any criminal prosecution if the Court is satisfied that such evidence was obtained in violation of the Constitution of Eritrea or the provisions of this Code.


	'''Civil Action'''		'''Civil Action'''

	According to Article113(6), ‘If the victims of the crime prefer tofile a separatecivil action against the accused, the bond entered in accordance withsub-Articles (2) – (5) shall be dismissed ~~forthwith’~~		According to Article113(6), ‘If the victims of the crime prefer tofile a separatecivil action against the accused, the bond entered in accordance withsub-Articles (2) – (5) shall be dismissed forthwith.’


	'''Motions'''		'''Motions'''

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	Detainees, at authorized intervals, may speak with relatives.		Detainees, at authorized intervals, may speak with relatives.


	'''Extent of pre-trial detention'''		'''Extent of pre-trial detention'''

	According to Article 69(1) of the CPC, “the Court shall, where the arrested person has been charged with a Petty Offence, order his release upon his own undertaking, without conditions, unless the prosecutor shows that the arrested person should be detained or released only upon conditions.” If the person had committed a serious offence or falls into any of the categories mentioned in Article 69(2) of the CPC, such person’s release can only occur ‘…upon conditions, or be detained in custody pending trial, unless the arrested person shows that the conditions or his detention in custody is not justified pursuant to the principles of Article 108.’		According to Article 69(1) of the CPC, “the Court shall, where the arrested person has been charged with a Petty Offence, order his release upon his own undertaking, without conditions, unless the prosecutor shows that the arrested person should be detained or released only upon conditions.” If the person had committed a serious offence or falls into any of the categories mentioned in Article 69(2) of the CPC, such person’s release can only occur ‘…upon conditions, or be detained in custody pending trial, unless the arrested person shows that the conditions or his detention in custody is not justified pursuant to the principles of Article 108.’


	'''Enforcing the rules- procedures to protect against illegal police procedures'''		'''Enforcing the rules- procedures to protect against illegal police procedures'''
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	Article 25 of the CPC speaks to the recusal of prosecutors, other officials and police officers.According to Article 25(1), apoliceofficer involved in an investigation, prosecution, trial or appeal of a case shall recuse himself fromparticipation in any proceedings in which:		Article 25 of the CPC speaks to the recusal of prosecutors, other officials and police officers.According to Article 25(1), apoliceofficer involved in an investigation, prosecution, trial or appeal of a case shall recuse himself fromparticipation in any proceedings in which:
	(a) he has a personal interest;(b) he is a relative of any person involved;(c) he has had prior substantial involvement inthe case; or(d) for any other reason his impartiality in theproceeding might reasonably be called intoquestion. Should a police officer decide not to recuse himself in accordance with this Article, any person entitled to apply for recusal of such police officer may ask the Police Commissioner to decide the issue and the Police Commissioner shall as soon as possible decide the issue and in doing so shall give reasons for the decision. Copy of the decision and the reasons therefor shall be sent to the Office of the Attorney General. [Article 25(6) of CPC].		(a) he has a personal interest;(b) he is a relative of any person involved;(c) he has had prior substantial involvement inthe case; or(d) for any other reason his impartiality in theproceeding might reasonably be called intoquestion. Should a police officer decide not to recuse himself in accordance with this Article, any person entitled to apply for recusal of such police officer may ask the Police Commissioner to decide the issue and the Police Commissioner shall as soon as possible decide the issue and in doing so shall give reasons for the decision. Copy of the decision and the reasons therefor shall be sent to the Office of the Attorney General. [Article 25(6) of CPC].


	''Interrogation'''		''Interrogation'''

	Before being charged in Court		Before being charged in Court
	Article 54(1)-(6) of the CPC deals with interrogation before a person is removed from police custody. The main crux of these subsections speak to the rights that the suspected person has when he/she is in police custody and the steps that police need to take to ensure that the suspect understands the procedures and questions and is not pressured into speaking when he/she does not wish do (the well-known‘right to remain silent’rule applies)		Article 54(1)-(6) of the CPC deals with interrogation before a person is removed from police custody. The main crux of these subsections speak to the rights that the suspected person has when he/she is in police custody and the steps that police need to take to ensure that the suspect understands the procedures and questions and is not pressured into speaking when he/she does not wish do (the well-known‘right to remain silent’rule applies).


	'''Protection against illegal means of interrogation'''		'''Protection against illegal means of interrogation'''

	Article 54(1) of the CPC states that the offender has the right not to answer any questions, he/she may consult a lawyer if he/she wishes to and whatever he/she says may be used as evidence against them and the police should inform the offender accordingly. Article 54(3) states that ‘No inducements, threats, promises, coercion or compulsion of any kind shall be used in taking a statement from a suspect.’		Article 54(1) of the CPC states that the offender has the right not to answer any questions, he/she may consult a lawyer if he/she wishes to and whatever he/she says may be used as evidence against them and the police should inform the offender accordingly. Article 54(3) states that ‘No inducements, threats, promises, coercion or compulsion of any kind shall be used in taking a statement from a suspect.’


	'''Investigation'''		'''Investigation'''
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	The witness shall answer truthfully to all questions put to him but may refuse to answer any question.		The witness shall answer truthfully to all questions put to him but may refuse to answer any question.
	No police officer or other person in authority shall offer, use, or cause to be offered or used any force, inducement, threat, promise or any other improper method to any person examined by the police.		No police officer or other person in authority shall offer, use, or cause to be offered or used any force, inducement, threat, promise or any other improper method to any person examined by the police.


	Any person under investigation as an offender who is questioned by the police in regards to the investigation shall, before any questioning takes place, be cautioned that he has the right not to answer any question put to him, that any statement that he may make may be used in evidence against him and that if he wishes he may consult with a lawyer.		Any person under investigation as an offender who is questioned by the police in regards to the investigation shall, before any questioning takes place, be cautioned that he has the right not to answer any question put to him, that any statement that he may make may be used in evidence against him and that if he wishes he may consult with a lawyer.