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.
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