A/HRC/44/23
of Eritrean asylum seekers who have attempted to seek asylum in other European countries,
after failing to obtain asylum in Switzerland, but who are now being sent back to
Switzerland.45 Additionally, the Special Rapporteur notes that, in 2019, the State Secretariat
for Migration reported 56 cases of voluntary return of Eritreans to Eritrea.46 The Special
Rapporteur expresses concern that these voluntary returns could be placing individuals at
risk given that their conditions of return cannot be adequately monitored.
84.
Finally, the Special Rapporteur stresses the importance for States to take the
rehabilitation needs of Eritrean asylum seekers into account in asylum processes, including
when applying the Dublin III Regulation. 47 Many Eritrean asylum seekers lived through
traumatic events in Eritrea and along their journey to Europe, in particular those who
transited through Libya. While European Union asylum regulations recognize the
importance of addressing mental health care needs of asylum seekers, in practice, these
needs often go undetected and untreated. A failure to take into account the rehabilitation
needs of vulnerable asylum seekers, such as children and victims of torture, sexual violence
and human trafficking, may influence their ability to present their claims in a coherent
manner. Such failure may also place asylum seekers at risk of irreparable harm. In recent
years, unaddressed trauma and fear of deportation have been among factors contributing to
cases of suicide of Eritrean asylum seekers in various European countries.
VII. Conclusions and recommendations
85.
Two years on from the peace deal between Eritrea and Ethiopia, the dividends
of peace have yet to materialize for the Eritrean people. While Eritrea is engaging
more actively in the international and regional scenes, the Eritrean authorities have
yet to implement much-needed human rights reforms and open civic space in the
country. The changes in regional dynamics have failed to translate into concrete and
sustainable progress in human rights in Eritrea.
86.
In the present report, the Special Rapporteur has highlighted specific areas of
concern and provided examples of ongoing human rights violations. Based on the
findings above, and guided by international standards, the Sustainable Development
Goals, and international law obligations binding on Eritrea, the Special Rapporteur
makes the following recommendations to the Government of Eritrea in relation to
each benchmark.
87.
In relation to benchmark 1, the Special Rapporteur recommends that the
Government:
(a)
Release political prisoners, prisoners of conscience and persons
unlawfully and arbitrarily detained;
(b)
Ensure that all persons deprived of their liberty are detained only in
official places of detention and are provided with all legal safeguards, including access
to a lawyer and health care, family visits and prompt judicial review of their detention;
(c)
Launch a participatory constitution-drafting process, re-establish the
National Assembly and ensure that human rights are mainstreamed in the domestic
legal system;
45
46
47
These returns are being processed under Regulation No. 604/2013 of the European Parliament and of
the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member
State responsible for examining an application for international protection lodged in one of the
Member States by a third-country national or a stateless person (Dublin III Regulation). See
Switzerland, State Secretariat for Migration, Table 7-50: Dublin: requêtes, règlements et transferts par
nation du 1.1.2019 au 31.12.2019 (CH-Nati tab). Available at www.sem.admin.ch/dam/data/sem/
publiservice/statistik/asylstatistik/2019/12/7-50-Mouv-Dublin-a-f-2019-12.xlsx.
Switzerland, State Secretariat for Migration, Table 7-30: Processus asile et soutien au retour asile:
entrées et sorties par nation du 1.1.2019 au 31.12.2019 (CH-Nati tab). Available at www.sem.
admin.ch/dam/data/sem/publiservice/statistik/asylstatistik/2019/12/7-30-Mouv-sejour-Asile-a-f-201912.xlsx.
See, for example, Committee against Torture, A.N. v. Switzerland (CAT/C/64/D/742/2016), paras.
8.7–8.8.
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