A/HRC/23/53 interference. In July 2001, the Chief Judge of the High Court was removed from office after having expressed his disapproval of executive interference in judicial proceedings and called for the dismantling of the Special Court. The Special Court has jurisdiction over cases involving corruption and related crimes; its decisions are final. It has the power to reopen and adjudicate cases already processed through the regular criminal justice system, disregarding the basic principle of protection from double jeopardy and other fair trial guarantees. A high percentage of those serving in the Special Court do not have formal legal training and are not bound to apply prevailing laws. Civil courts comprise the community court, the Zoba Court and the High Court. The Military Court has jurisdiction over penal cases brought against members of the armed forces. 41. The Constitution, supporting laws and adherence to international conventions have no enforceable value as long as the authorities do not implement them in practice. Most governmental functions, including the creation of courts, are conducted on a de facto rather than a de jure basis, thereby completely undermining the rule of law. V. Human rights violations 42. In accordance with Human Rights Council resolution 20/20, in which the Council cited widespread and systematic violations of human rights in Eritrea, the Special Rapporteur endeavoured to corroborate patterns of human rights violations through the collection of first-hand testimonies and interviews. According to the information collected, human rights violations committed in Eritrea include, but are not limited to, extrajudicial killings; the ruthless implementation of a shoot-to-kill policy of persons attempting to cross borders; enforced disappearances and incommunicado detention; arbitrary arrests and detentions; widespread torture, both physical and psychological, during interrogation by the police, military and security forces; inhumane prison conditions; compulsory national service of an unspecified and extended duration; no respect for civil liberties, including the freedoms of expression and opinion, assembly, association, religious belief and movement; discrimination against women, and sexual and gender-based violence; violation of child rights, including conscription, which has a profound impact on education; and precarious living conditions. These violations were cited as reasons pushing a constant stream of Eritreans to cross the borders. A. Right to life, extrajudicial killings, the shoot-to-kill policy, and death in custody 43. An unknown number of people have been shot near the Eritrean borders with Djibouti, Ethiopia and the Sudan, allegedly for attempting to cross illegally. Border military personnel have standing orders to implement a shoot-to-kill policy to those attempting to flee. The policy was confirmed in the discussions and interviews held by the Special Rapporteur with several former military personnel who had been required to implement it, as well as with those who had been victims of the practice. The account of a young woman who was shot while crossing the border in 2012 was particularly harrowing. After her first attempt to cross failed, she was imprisoned at Sawa detention centre for almost a year, without her family being informed. When she attempted to cross the border again, she was shot seven times, in the leg, foot, hand and breast, but still managed to escape. She had to be hospitalized for nine months. 44. Owing to the harsh conditions at the Sawa military training camp, students commit suicide or fall ill and die. In one year, two girls died. For having failed to clean the bathroom, a female student was punished by being forced to roll on the hot ground, thus sustaining severe burns to her body. Unable to bear the pain, she leaned on a live electric 9

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