A/HRC/26/45
the prison population and detention facilities speaks volumes in terms of transparency that
should be inherent in any system of incarceration based on the rule of law.
78.
The Special Rapporteur uses the terms “detention facility”, “detention centre” or
“place of detention” interchangeably, and in a broad manner, to include any location where
a person is kept in custody, including prisons, police stations, prisons or holding cells
where military personnel are held or any other place where the liberty of an individual is
restricted or curtailed, insofar as he or she is not allowed to leave at will. Detention centres
are staffed by military personnel (army corps, army division, and army border surveillance
unit), the police, as well as the staff of the Eritrean Correctional and Rehabilitation
Services, all of whom are national service conscripts.
79.
While the term “detainee” sometimes refers only to those at the pretrial stage, and
not to convicted prisoners, it is used herein in the broadest possible manner to mean any
individual who is deprived of his/her liberty and held in a detention facility, following
arrest, pretrial detention or conviction. Other terms used interchangeably in the present
document include “person in custody”, “people in custody” and “prisoners”.
A.
1.
Arrest and deprivation of liberty
People deprived of their liberty
80.
In Eritrea, the police, the military police and internal security regularly arrest and
detain citizens without due process and often use force while doing so. Detainees are held
in underground prisons or in metal shipping containers, in extreme weather conditions, or in
secret detention places. Political prisoners or prisoners of conscience are held without being
informed of the reasons for their arrest and without an arrest warrant. They are not formally
charged with a recognizable crime, nor brought before a court of law to review the legality
of their detention nor tried, in contravention of article 9 of the International Covenant on
Civil and Political Rights. Others, such as draft evaders, are presumed to know the reason
for their arrest and detention, and the punishment(s) provided for in article 37 the National
Service Proclamation are applied in their case. Those persons do not have any recourse to
challenge the legality of the detention.
2.
Methods of arrest
81.
Methods of arrest differ, depending on circumstances. For example, those who
overstay their official leave or who desert national service, may be track them down in their
homes and villages by the security forces, and taken to a holding cell or prison, then back to
their military unit, where they will be held. Many people are arrested at the border while
attempting to cross into neighbouring countries; people are often arrested at night and taken
to secret detention places, without family members knowing of their whereabouts or being
able to visit them. Furthermore, people are afraid to enquire about the whereabouts of their
loved ones, lest they too are arrested and detained.
3.
Presumed reasons for arrest and detention
82.
In Eritrea, people are arrested and detained without any formal charges. Therefore
most people can only speculate about the reasons for arrest and detention; the following
reasons are cited frequently : (a) evading or deserting national service and military
conscription; (b) overstaying leave while serving in national service; (c) during giffas –
round ups to conscript people by force into the military; (d) attempting to flee the country;
(e) trumped up charges of “plotting to leave the country” or helping others to flee; (f)
failing to pay a fine when a family member has fled the country; (g) held in lieu of a parent
or family member having left the country; (h) inability to produce identification documents
16
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