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 9

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