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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents