A/HRC/29/42
86.
The commission also recommends that the Government of Eritrea:
(a)
Ensure the separation of powers between the legislature, the executive
and the judiciary;
(b)
Allow the creation of political parties and hold free, fair and transparent
democratic elections at all levels, and in this context, respect and implement the draft
electoral law and other products of the work of the commission set up to organize
elections;
(c)
Bring national laws and regulations into line with international human
rights standards, ensure that law-making is transparent and consultative, and that all
legislation is published and made accessible to the general public in the official
languages of Eritrea.
(d)
Adopt legislation providing enhanced legal and social protection to those
in vulnerable situations, particularly children;
(e)
Undertake without delay legal and institutional reforms aimed at
ensuring checks and balances among government organs, including by restoring the
respect of the rule of law, by institutionalizing an independent and transparent
judiciary and by providing access to justice, in particular for the accused and
detainees;
(f)
Ensure that court processes, including judgements, are transparent,
open and accessible to the public, and transmitted to accused persons immediately;
(g)
End the application of vicarious liability of innocent parties for alleged
unlawful acts committed by third persons;
(h)
Establish an independent national human rights institution with a
monitoring mandate to investigate ongoing human rights violations; and protect and
respect the substantive role that civil society actors, particularly human rights
defenders, play in democratic societies.
(i)
Ensure that individuals have the possibility of appealing settlements that
are not based on law, and close the Special Court.
3.
Enforced disappearances, and arbitrary arrest and detention
87.
The commission further recommends that the Government of Eritrea:
(a)
Cease with immediate effect the practice of enforced disappearance and
all forms of extrajudicial executions by, inter alia, discontinuing the shoot-to-kill
policy wherever it may be applicable in border areas;
(b)
Immediately and unconditionally release all unlawfully and arbitrarily
detained persons, including members of the G-15, journalists and members of
religious groups;
(c)
Set up an effective mechanism to establish the whereabouts of those who
have disappeared, provide it with a full account of all those arrested or disappeared
since independence, and immediately provide information thereon to their families;
(d)
Review all cases of detainees who have been convicted of an offence in a
judicial or quasi-judicial forum but who were not given the opportunity to defend
themselves or accorded the procedural rights that are established in the international
instruments to which Eritrea is party;
(e)
Put an immediate end to the practice of incommunicado detention and
close all unofficial and secret places of detention; allow access to prisoners by family
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