FINAL
Services and the Community Police, in addition to whether the Prison Services
Regulation contains provisions on human rights and the rights of detained persons;
(viii) Whether Government has a condom distribution program in prisons, as a way to
curb the HIV/AIDS epidemic;
(ix) The Ministry responsible for overseeing the Eritrea Correctional and Rehabilitation
Services;
64. There is no independent institution mandated to conduct unannounced visits to
prisons and other places of detention;
65. Lack of access by family members to prisoners held in incommunicado detention.
Access to and administration of justice
66. The continued denial of the basic rights of all persons detained without access to
lawyers or a fair and speedy trial, including specifically the group of former
Government officials, journalists and the Jehovah Witness religious leaders, who were
arrested, never charged or tried in a court of law, or allowed access to lawyers or their
families;
67. The lack of legal provisions stipulating the right of habeas corpus;
68. The lack of legislation or policy which ensures access to legal aid;
69. The lack of clarity on the position of the Special Court within the hierarchy of the
judicial system;
70. Certain provisions in the Proclamation No.85/1996, which established the Special
Court, which are contrary to the right to a fair trial including: Article 4(2) which states
that “the Special Court can review and see again previously decided cases,” in violation
of the principle of res judicata; Articles 3 and 6 which provide that the “the Special Court
may disregard the provisions of the Penal Code and the Criminal Procedure Code of
Eritrea;” and Article 5(1) which denies the right of appeal of a Special Court decision;
Independence and training of Judges
71. Insufficient information on the process of appointing judges, in addition to legal
provisions stipulating their independence and security of tenure;
72. The lack of information on whether the judges of the Community Courts, the Military
Courts and the Special Court are required to have prior training and legal experience;
73. The lack of information on an institution which conducts regular training for judicial
officers, including training on human rights issues;
Freedom of conscience and religion
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