A/HRC/29/42 39. Violations of the right to fair trial and due process of law are particularly blatant. Criminal proceedings disregard the most basic, universally recognized principles in the administration of justice. It seems that investigators, security officers and military leaders also act as de facto magistrates; however, given that their decisions are not public ,there is scarce information about them. Therefore, the extent of the violations committed can only be partially assessed. Most decisions are rendered on the sole basis of investigation reports that often include statements obtained under torture. Judgements are rarely made public or even communicated to accused persons, who are not always aware they have been tried and have no knowledge of how long they will be imprisoned. This makes it impossible for persons sentenced to have their sentences reviewed by a higher court. 40. The commission concludes that the judicial system, both civil and military, is not independent and the Government frequently interferes in the administration of justice. The judiciary is not in a position to protect the fundamental rights of Eritrean citizens, in particular when they are violated by public officials. Some judges are conscripts whose “careers” depend on the Ministry of Defence at a salary of less than $2 a day, a clear violation of the principle of judicial independence and of their security of tenure. Similarly, the lack of independence of the judiciary and prosecution contributes to the widespread impunity enjoyed by public officials in Eritrea, including in cases of gross abuse of human rights. 2. Arbitrary arrest 41. The use of information collected by the Government through spying networks leads in the first place to arbitrary arrest and detention. The great majority of those who provided their testimony had been arrested, many a number of times. Arrests are often unjust, unpredictable, unreasonable and disproportionate. In most cases, people are arrested and detained for reasons that are arbitrary to such an extent that no one can possibly identify the law that might have been broken. Since formal charges are not laid, individuals are left to guess the reason for their arrest and detention, based on the line of interrogation or their conduct before arrest. The main reasons for arrest that the commission was able to reconstruct related to asking questions; suspected collaboration with the enemy, including working for foreign entities in Eritrea; presumed or actual attempt to flee the country or desert national service; and for the conduct of a family member. Specific categories of people have also been targeted, particularly political opponents, journalists and members of religious groups. 42. Arrests and detention are ordered and conducted by any person with de facto authority, including local administrators, in breach of requirements that officials authorized to make arrests should be clearly identified. Most people are arrested by armed military or national security officers, in either uniform or civilian clothes. The arresting officers sometimes present their identity cards but rarely inform persons under arrest of the place where they will take them. In most cases, individuals arrested at home or on the streets are deceived by arresting officers, who tell them that they are only needed at the police station for a short time and will then be able to return home. People often ultimately find themselves in an unofficial place of detention. The principle of habeas corpus is rarely respected. As a result, the lawfulness of the deprivation of liberty is not reviewed and detainees are released at the whim of the arresting or detaining officer. Detention in Eritrea cannot possibly be referred to as pretrial, given that individuals are rarely tried. The Government systematically uses arbitrary arrests and detention in violation of the right to liberty of the person. 9