A/HRC/29/42 6. Torture 54. Eritrean officials use a variety of forms of ill-treatment during interrogations and to punish detainees and conscripts. The common element of these forms of ill-treatment, such as extreme forms of restraint, beatings or rape, is that they are intended to inflict severe physical and psychological pain. The purpose of these acts is to extract confessions and information, and to punish, intimidate and coerce detainees and conscripts. Many of them also cause long-lasting psychological and physical damage to the victims or result in the death of the person. The commission finds that this ill-treatment constitutes torture, which may be described as widespread in Eritrea. 55. Torture is either directly ordered by officials or inflicted with their consent and acquiescence. The recurrence, coherence and similarities of the many torture incidents documented are a clear indication of the existence of a deliberate policy to inflict torture in a routine manner during investigations and interrogations, as well as during national service. Perpetrators of torture enjoy general impunity. The commission concludes that the Government is accountable for the widespread torture inflicted on Eritreans throughout the country. 7. Right to property 56. The State’s post-independence land reforms, a significant departure from previous customary law, were implemented to varying degrees across the country. The Government’s exclusive ownership of land and of natural resources has been used as a means by authorities to harass and punish perceived enemies, in particular members of unauthorized religions, opponents and relatives of people who fled the country, and to unlawfully reward associates or supporters. Although the land reform laws appear genderneutral, the commission finds the system to be indirectly discriminatory to women. Women and girls are disproportionally affected by the citizenship requirement linked to completion of national service to have access to land, given that many do not undertake or complete it due to marriage and motherhood. Land reform also has a disproportionate impact on pastoralists, such as the Afar and Kunama minorities. The manner adopted by the authorities to resettle members of these communities may be construed as an intentional act to dispossess them of their ancestral lands, their livelihoods and their culture. C. 1. Abused, exploited and enslaved National service 57. In 1995, the Government issued a Proclamation on national service complementing previous laws and calling for the conscription of all 18-year-old Eritreans. In 2002, it launched the Warsai Yikealo Development Campaign, requiring boys and girls to commence military training for a period of six months when they reach twelfth grade, if in school, or by the time they are 18 years old. Conscripts who pass the final exam at the Warsai Yikealo secondary school are allowed to continue their education while remaining formally in national service; others are required to serve in either the military or the civil service for at least 12 months. In reality, children are often forcibly recruited and conscripts end up serving for an indefinite period of time. The commission interviewed individuals who were still in the army when they finally decided to flee after 17 years of service. 58. Conditions and treatment during military training and service are harsh. They include lack of adequate food, water, hygienic facilities, accommodation and medical services that may result in death, severe disabilities or psychological and physiological long-term effects. Conscripts are routinely deprived of their rights to freedom of expression, movement and religion. They are systematically subjected to intentional 12

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