A/HRC/38/50
(b)
Security forces effected mass arrests of hundreds of persons after the funeral
of Musa Mohammed Nur on 3 March 2018. There was a heavy military presence and the
arrests started after the burial ceremony. The elderly and children were also arrested and
detained.
38.
Concerning the exercise of freedom of religion or belief, cases include:
(a)
The arrest and imprisonment of approximately 45 people in Adi Quala during
the second half of 2017. One detainee died as a result of exposure to the harsh environment
and exacting prison conditions. It is unclear whether the others have been released or are still
in custody;
(b)
The arrest and detention of Muslim tutorial teachers at the end of 2017,
presumably because of their religious teachings;
(c)
The arrest and detention of religious figures at a Catholic institution during the
second half of 2017.
39.
In one case a man who attempted to cross the border at the beginning of 2018 was
arrested and detained. He is being detained incommunicado, but his family has been able to
deliver food once a week.
40.
A number of cases involve “guilt by association”, where a person is detained in lieu
of a spouse, parent or sibling who has left the country, for example:
(a)
The arrest of two siblings after their brother fled the country in 2016;
(b)
The arrest and detention of a mother of three young children in November 2017
after her husband left the country.
41.
These recent incidents reinforce the continuing patterns of human rights violations
that have already been identified and amply documented by the Special Rapporteur, the
commission of inquiry on human rights in Eritrea and other human rights organizations.
42.
In Eritrea, overincarceration has serious repercussions on the health of inmates and its
impact on families and society runs deep. Overincarceration, resulting in congested detention
centres, remains a long-standing systemic problem. Even short periods of detention in
overcrowded spaces can cause detainees to suffer recurrent physical, mental and social
problems upon release.
43.
The use of arrest and detention in degrading conditions as a tool for control and
punishment, as well as a propensity to use remand and imprisonment rather than noncustodial options, persists. The presence of pretrial detainees in already crowded facilities
inflates the numbers yet further. This state of affairs is compounded by a lack of legal
representation, as the majority of lawyers are employed in the national service and the
numbers in private practice are low.
44.
Overcrowding is a consequence of inadequacies at all stages of the criminal justice
process: an underresourced judicial system that is slow and ineffective, resulting in long
delays and the denial of judicial guarantees, such as the right to be brought promptly before
a duly constituted court of law and to be tried within a reasonable time.
45.
Children, the elderly and women are at high risk of being adversely impacted owing
to ill-treatment, the absence of legal protection, poor hygiene and inadequate nutrition and
water supply in congested detention centres.
46.
It is arbitrary and unlawful to arrest and detain children accompanying adults during
a funeral ceremony. The Special Rapporteur spoke to the parents of an adolescent boy who
was arrested after the funeral ceremony for Musa Mohammed Nur on 3 March 2018. He was
with other children below the age of 18 who were rounded up just after the ceremony and
taken away in several vehicles. They are all students from schools in the Akhria
neighbourhood, including the Al Dia school. The child has been in incommunicado detention
since his arrest. While some of the children have been released, an unknown number are still
in detention. The parents are worried, not only for their own son, but for all the children still
held in incommunicado detention. They are concerned about the psychological trauma and
other possible inhumane treatment that the children may be experiencing.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents