A/HRC/32/47 law for a prolonged period of time and to create fear among their relatives, as part of a government policy to maintain control over the Eritrean population in a manner contrary to international law. The commission concludes that there are reasonable grounds to believe that Eritrean officials have committed the crime of enforced disappearance, a crime against humanity, in a persistent, widespread and systematic manner since May 1991. 4. Torture 79. The international prohibition against torture is reflected in Article 7(2)(e) of the Rome Statute. 80. Nearly all those interviewed by the commission who had been held in one of the numerous detention centres in Eritrea stated that they had been tortured. They also explained that physical and mental suffering was inflicted to extract information, to punish and to create an atmosphere of fear. The commission documented other forms of torture that affect women. Information on torture from victims was corroborated by former security officers who took part in the crime. Torture is also widespread in the military to punish and to instil discipline. 81. The commission concludes that the use of torture was, and remains, an integral part of the Government’s repression of the civilian population. It therefore finds there are reasonable grounds to believe that Eritrean officials have committed the crime of torture, against persons under their control, a crime against humanity, in a persistent, widespread and systematic manner since May 1991. 5. Other inhumane acts 82. Article 7(1)(k) of the Rome Statute sets out, as a separate crime against humanity, other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. 83. In its first report, the commission described the widespread and systematic practice of punishing Eritreans on the basis of “guilt by association”, in particular relatives and associates of government critics (both within Eritrea and outside the country), persons who evaded or deserted military/national service, Eritreans who left the country, persons who escaped from prison and members of non-authorized religious denominations (A/HRC/29/42, para. 75). 84. Although reprisals against third parties in Eritrea may take various forms, of greatest concern to the commission are those involving arbitrary detention, enforced disappearance or murder. 85. The commission concludes that most forms of reprisal against third parties, and in particular imprisonment, enforced disappearance and murder, cause great suffering, as well as serious injury to mental or physical health. The commission considers that the specific nature of reprisals against third parties is not captured by the crimes of imprisonment, enforced disappearance or murder. It also determines that reprisals are integral to the Government’s efforts to maintain its authority in a manner contrary to international law. The commission therefore concludes that there are reasonable grounds to believe that Eritrean officials have committed other inhumane acts, a crime against humanity, in a persistent, widespread and systematic manner since May 1991. 6. Persecution 86. The international prohibition against persecution is reflected in articles 7(1)(h) and 7(2)(g) of the Rome Statute. 14

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