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
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