Judicial Procedure and Practice 46. Transparency and aaccountability is the main feature of the judicial practice. Hence, clear regulations and guidelines that ensure and responsibility by all actors have been maintained. Accordingly, the following established procedures are implemented ensuring the maintenance of justice at all levels: The proceedings are always open to the public and conducted orally; only in exceptional cases did the courts seat in cameras with the conditions being regulated by law. Hence, facts and evidence relevant to make decision are heard in public  The right to appear and give evidence in the court is guaranteed. Furthermore, all those whose rights and interests are affected by the case and the proceedings are also entitled to take part and express their opinion and to make applications. 47. In the private-public interest of balancing the process in the criminal procedure, the transitional codes have ensured a number of provisions that maintain the balance of authorities between the three actors: the court, office of public prosecution and police. Moreover, any indiscretions against the interest of the accused have been handled within each office through a number of provisions including ensuring the rights of the accused. Victims have also been given the opportunity to participate in the criminal proceeding with the view of obtaining quick redress for harms caused to them by the offence. Judicial Cases and Adjudication 48. Eritrea has developed a legal system which is more inclined to a civil law practice as far as the substantive law is concerned. In its procedural laws, it has followed more of an adversarial system of litigation which is more practiced in common law system. As has been discussed earlier, the majority of the Eritrean population believes in mainly solving its problems amicably. Hence, the Eritrean customary law more functional especially in the rural areas and to a considerable extent in the urban areas. 49. In judicial adjudication, evidence collection and utilization is admissible only according to the law. Witnesses‟ testimonies obtained under threats or violence or any other malpractices are thus rejected. Hence by refusing to accept any illegally obtained evidence the accused are not arrested or brought to justice. Torture of any kind is not condoned by Eritrea‟s domestic laws and is punishable by law. Furthermore, the norm of a society that is founded on extended family and strong communal ties does not allow such reprehensible practices. The information gathered under such condition, if it happens is also rejected in legal proceedings. The judiciary has also periodically monitored prison conditions and takes punitive measures on any prison official if found guilty of such practices. Page 14 of 100