A/HRC/32/47 4. Arbitrary detention, enforced disappearance, and torture 37. In its first report, the commission reported extensively on cases of arbitrary detention, enforced disappearance, and torture and other cruel, inhuman or degrading treatment in detention centres, military and civilian, official and unofficial. 38. The commission interviewed many Eritreans who had fled the country in the previous two years and reported that the violations described continue. Almost all of those arrested are detained in violation of fundamental rules of international law. Apart from those accused of minor common crimes or misdemeanours, most are detained without any form of judicial proceeding whatsoever. In the vast majority of those cases, the families of those detained receive no official information about the fate of their relatives. Lastly, many of those detained who spoke with the commission – either because they had been released or because they had escaped – described various forms of torture inflicted on them to obtain information or to punish them for alleged wrongs, or simply to create a general climate of fear. 39. On the basis of the information gathered, the commission found that the use of torture by Eritrean officials has been, and remains, both widespread and systematic in civilian and military detention centres. 5. Reprisals against third parties 40. In its first report, the commission described cases of reprisal against family members, friends and associates for the alleged conduct of a third person. Forms of reprisal include arrest, detention, fines, harassment, eviction and the confiscation of property. Those targeted included persons close to government critics within and outside the country, Eritreans alleged to have evaded or deserted military/national service, Eritreans who left the country, Eritreans who escaped from prison and members of non-recognized religions. 41. The commission heard evidence that the punishment of third parties for alleged wrongs continues. With regard to the claims made by government officials that any punishment of third parties would be pursuant to legal proceedings on charges of aiding and abetting the alleged wrongdoer, the commission found no evidence to support this. On the contrary, all witnesses told the commission that there had been no judicial proceedings relating to their punishment. 6. Discrimination on religious or ethnic grounds 42. In its first report, the commission found that the Government held tight control over the freedom of religion. Only four religious denominations are recognized, namely, Eritrean Orthodox, Roman Catholic, Evangelical Lutheran and Sunni Islam. Religious practice by members of non-authorized religions is prohibited, and subject to systematic repression. Following a decree issued in 2002 requiring registration of all religious denominations seeking authorization to practice, a number of smaller religious groups attempted to register. To date, none have been registered. 43. The commission recognizes that a considerable degree of religious harmony exists between authorized denominations. Nonetheless, a number of witnesses informed the commission that discrimination against members of non-authorized religions continues. Government control of authorized religions also persists; for example, the commission received reports of recent arbitrary arrests and the detention of an unconfirmed number of priests, deacons and monks of the Eritrean Orthodox Church in and around Asmara, and other measures against other clergy members. Sources said that the victims had asked for the release of former Patriarch Abune Antonios. 8

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