A/HRC/32/47
87.
The commission has concluded that the Government perceives freedom of religion
as a threat and has thus controlled religious expression. At various times, State officials
have persecuted Muslims, Jehovah’s Witnesses and members of other non-authorized
religious groups, commonly known as Pentes. They have also persecuted, at various times,
members of the Afar and Kunama ethnic groups.
88.
The commission therefore concludes that there are reasonable grounds to believe
that Eritrean officials have intentionally and severely deprived Eritrean Pentes and some
Muslims of fundamental rights contrary to international law. Muslims were targeted in
particular in the 1990s, again in 2007-2008, and following the Forto incident in 2013.
Jehovah’s Witnesses have been targeted since May 1991, and other non-authorized
religious groups since no later than 2002. The Afar and Kunama ethnic groups were
particularly targeted in the period from 1998 to 2001. Persecution has been an integral part
of the Government’s efforts to maintain its authority in a manner contrary to international
law. The commission therefore finds that Eritrean officials have committed the crime of
persecution, a crime against humanity, in a widespread and systematic manner since
May 1991.
7.
Rape
89.
The international prohibition against rape is reflected in article 7(1)(g) of the
Rome Statute.
90.
The commission documented a significant number of cases of rape committed
against both men and women in military training and detention centres. In committing this
crime, perpetrators took advantage of the coercive environment and, in many cases, also
used force or threat of force. The rapes were committed as part of the widespread or
systematic attack against the Eritrean civilian population.
91.
The commission therefore concludes that there are reasonable grounds to believe
that rape, a crime against humanity, has been committed both in the context of
military/national service and in detention centres since 1991.
8.
Murder
92.
The international prohibition against murder is reflected in article 7(1)(a) of the
Rome Statute.
93.
The commission documented a number of individual and mass extrajudicial
executions by Eritrean authorities since May 1991, including the killing of disabled
veterans in 1994, killings of Muslims in 1997, at Adi Abeito in 2004, and killings at Wi’a
in 2005. It also heard evidence about an official shoot-to-kill policy used against Eritreans
attempting to flee the country through land or maritime borders, although the evidence
shows that the policy has been implemented less rigorously in recent years.
94.
Additionally, numerous witnesses heard by the commission described deaths
resulting from torture and the inhumane conditions associated with detention centres and
military service. Given that the evidence indicates that many of these deaths were the result
of a callous indifference to human life on the part of Eritrean officials, the commission
concludes that Eritrean officials are also liable for these deaths.
95.
The commission concludes that killings have been, in some instances, part of the
Government’s campaign to maintain its control in a manner inconsistent with international
law, and in others, an inevitable consequence of the campaign. There are therefore
reasonable grounds to believe that Eritrean officials have committed murder, a crime
against humanity, in a systematic manner since May 1991.
15
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