FINAL
(g) Training conducted to all law enforcement personnel on human rights, including
the Guidelines and Measures for the Prohibition and Prevention of Torture,
Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben
Island Guidelines), the Guidelines on the Conditions of Arrest, Police Custody
and Pre-Trial Detention in Africa (the Luanda Guidelines), the UN Standard
Minimum Rules for the Treatment of Prisoners, among others;
(h) The provision of condoms in prisons, to prevent the spread of HIV/AIDS in
prisons;
(i) The Ministry responsible for overseeing the Eritrea Correctional and
Rehabilitation Services;
xvi.
Appoint an independent institution with the mandate to conduct unannounced visits
to all places of detention;
xvii.
Take urgent and immediate measures to ensure that prisoners held in
incommunicado detention are granted access to their family members;
Access to and administration of justice
xviii.
Take urgent measures to address the denial of basic rights of all detained persons,
including the group of former Government officials, journalists, religious leaders and
members of the Jehovah Witness faith, among others, by ensuring immediate access
to the essential elements of a fair hearing, as stipulated in the Commission’s
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in
Africa;
xix.
Enact provisions stipulating the right of habeus corpus in the revised Constitution and
the Penal Code;
xx.
Establish a Legal Aid program to ensure provision of legal aid to indigents;
xxi.
In the next Periodic Report, clarify the position of the Special Court in the hierarchy
of the judicial system;
xxii.
Amend the provisions of Proclamation No.85/1996 clarifying the following:
(a) The Special Court is bound by the principle that “No person shall be liable to be
tried again for any criminal offence on which judgment has been rendered;”
(b) The Special Court shall operate in accordance with the laws of the country,
including the Penal Code and the Criminal Procedure Code of Eritrea;
(c) The decisions of the Special Court are subject to appeal in the High Court;
Independence and training of Judges
xxiii.
Establish an independent Judicial Service Commission mandated with the
appointment of judges, and enact a law which specifies the independence of the
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