A/HRC/44/23 44. As noted above, in November 2019, security forces arrested Muslim men in and around Mendefera. Those arrested included religious teachers and members of local mosques. 45. The former Patriarch of the Eritrean Orthodox Church, Abune Antonios, now 92, remains under house arrest, a measure imposed in January 2007. In mid-June 2019, security forces arrested five Orthodox priests from Debre Bizen monastery, three older than 70, who had expressed support for the former Patriarch. In a statement dated 17 July 2019, a group of Eritrean Orthodox bishops stripped the former Patriarch of all official authority. 46. At present, 52 Jehovah’s Witnesses remain at Mai Serwa prison because they are conscientious objectors (A/HRC/41/53, para. 40).17 Three of them – Paulos Eyasu, Isaac Mogos and Negede Teklemariam – have been held for over 25 years, without charge. Their families have filed an application before the African Commission on Human and Peoples’ Rights, which is pending.18 Conscientious objection to military service is based on the right to freedom of thought, conscience and religion, which is recognized under international law (A/HRC/35/4, para. 5). As noted by the Human Rights Committee, the imprisonment of Jehovah’s Witnesses as punishment for refusing military service amounted to arbitrary detention under article 9 of the International Covenant on Civil and Political Rights (ibid., para. 6). Article 8 of the African Charter on Human and Peoples’ Rights provides that freedom of conscience is to be guaranteed, using terms similar to those in other international human rights instruments, such as the Covenant. The Special Rapporteur once again calls on the Government of Eritrea to release Jehovah’s Witnesses from prison, recognize the right to conscientious objection to military service in law and practice, and allow for a substitute civilian service for conscientious objectors. 19 47. The authorities have imposed restrictions on the activities of the Catholic Church, negatively affecting the rights to health and education of the population. In June 2019, the Eritrean authorities seized 21 health facilities belonging to the Catholic Church. 20 The authorities defended this measure indicating that they were enforcing a 1995 regulation 21 that banned religious institutions from carrying out development activities. However, the authorities decided to enforce the regulation weeks after the Catholic bishops in Eritrea issued a pastoral letter calling on the authorities to adopt a comprehensive truth and reconciliation plan, promote dialogue and implement reforms to prevent further mass departures from the country. Most health facilities were located inside religious houses, and in some instances, security forces removed church staff by force and ordered patients to vacate the facilities. Many facilities provided services to remote, rural communities, including essential services aimed at reducing mother and infant malnutrition and mortality rates. In September 2019, the authorities seized three secondary schools run by the Catholic Church. 22 Some of the Catholic health facilities and schools have since reopened under government control and are being run at a more limited capacity with less trained, national service personnel. 48. On 22 February 2020, Catholic Cardinal Berhaneyesus Demerew, of Ethiopia, and his delegation were prevented from attending the jubilee of the Cathedral of Mary Kidane Mehret in Asmara. The delegation was held overnight at the Asmara airport, despite having appropriate entry visas, and was forced to return to Ethiopia the next day. 17 18 19 20 21 22 10 Between 2011 and 2018, four other Jehovah’s Witnesses died in prison. Three Jehovah’s Witnesses v. Eritrea, communication 716/19. The Human Rights Committee has recognized that the right to conscientious objection derives from article 18 of the Covenant. It has noted that alternative service should be compatible with the convictions on which the conscientious objection is based. See CCPR/CO/79/RUS, para. 17, and general comment No. 22 (1993) on the right to freedom of thought, conscience and religion. See also OHCHR, Conscientious Objection to Military Service (United Nations publication, Sales No. E.12.XIV.3). The facilities seized include three community hospitals, three health centres and 15 health stations. The authorities had previously seized eight Catholic Church health facilities, in 2017. Proclamation No. 73/1995 of 15 July 1995. The schools were located in Massawa, in Keren and near Mendefera. The authorities also indicated their intention to seize several schools run by other religious congregations.