A/HRC/26/45
D.
Release from custody
94.
Eritrea holds numerous detainees without charge or due process. Some detainees are
still in prison after over a decade, and others have died in detention. There are reports of
many detainees being released without a court process or trial.
95.
Release from detention may occur in the following circumstances, although re-arrest
and detention anew are possible, inter alia: (a) on providing proof of completion of national
service by a family member; (b) on payment of a fine of 50,000 ERN in respect of a family
member who has left the country; (c) upon a family member or third person stands as
guarantor; (d) upon a family member or third person putting up their house or property as
guarantee; (e) after being threatened with torture or degrading treatment for continued
religious practice, even of State-approved religious faiths; (f) after renouncing religious
faith, if not of one of the four State-approved religions; (g) upon completion of length of
“sentence”; (h) just before death due to torture or poor health during detention.
E.
Challenging the legality of detention, recordkeeping and monitoring of
detention facilities
96.
Detention without recourse to justice is common in Eritrea as there are no avenues
for detainees to submit complaints to judicial authorities or to request investigation of
credible allegations of inhumane conditions or torture. There is no independent authority
serving on behalf of detainees. Furthermore, detainees and family members do not
challenge, let alone ask about reasons for, detention, for fear of reprisals.
97.
While minimal records are kept on arrival at a detention facility, recordkeeping
procedures are not systematic, making it impossible to ensure that prisoners are not held
beyond the maximum sentence for an “offence”, or to ascertain whether there has been a
court process at all. Official registration and recordkeeping for each person in custody is a
primary tool for ensuring transparency and protecting the detainee, and would ensure that
prisoners are not “forgotten” in custody, if the officer who put them in custody can no
longer be contacted.
98.
The State does not investigate or monitor conditions in detention centres, nor do
they permit independent monitors to do so. The Special Rapporteur emphasizes that
independent monitoring of prisons is an important requirement stipulated in a number of
international conventions and standards, including the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
Standard Minimum Rules for the Treatment of Prisoners. Monitoring can be implemented
in a number of ways, including through judicial oversight, setting up of statutory bodies,
such as independent inspectorates and Ombudsman offices, civil society initiatives, such as
boards of visitors, or international monitoring.
VI.
A.
Conclusions and recommendations
Conclusions
99.
Eritrea lives in a state of constant preparedness for combat based on what the
State terms as a “no war–no peace” situation. The Special Rapporteur does not wish
to elaborate on war or the threat thereof because, as indicated in her first report, she
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