A/HRC/29/41 existence of such a policy;36 however, the Special Rapporteur has interviewed former military personnel posted at the border who confirmed its existence. 37 While the policy might have been relaxed over the past two years, the Special Rapporteur learned that 13 children (7 boys and 6 girls) were reportedly shot while trying to cross the border into a neighbouring country on board a pick-up truck in September 2014. 66. One action point under the first priority area concentrates on the release of all prisoners detained without charge or trial, including those detained because of their political or religious beliefs. The Special Rapporteur was indeed encouraged when Eritrean authorities released eight detainees in April 2014 38 and six journalists in January 2015. However, in the meantime, she received several communications, documented cases and conducted interviews relating to the arbitrary arrest and detention of scores of soldiers and members of their immediate family, as well as more distant relatives, in the aftermath of the “Forto incident” of 21 January 2013.39 All of this begs the question: for those few who have been released, how many more have been put or remain in jail incommunicado? 40 Further action points under this priority area were to strengthen democratic governance institutions, guarantee the independence and impartiality of the justice system to combat impunity, and take legislative, administrative, institutional and practical measures to give effect to the rule of law. The Special Rapporteur welcomes the entry into force of the different codes, as mentioned above. 67. Further action points relate to putting a stop to torture, cruel, inhuman and degrading treatment and ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Special Rapporteur congratulated the Government of Eritrea for its accession to the Convention in September 2014. While considering this accession as an indication of the willingness of Eritrea to comply with the prohibition of torture under international law, the Special Rapporteur was looking forward to seeing the State implement the Convention by taking the required effective legislative, administrative, judicial and other measures to prevent acts of torture in the country. She would like clarification from the authorities as to whether the Criminal Code that has just come into force provides for the criminalization of torture in accordance with the stipulations of the Convention. 68. Regretfully, Eritrea has not accepted the inquiry procedure under article 20 of the Convention against Torture, which provides for an investigation when the Committee against Torture obtains reliable information containing well-founded indications that torture is being systematically practised in the territory of a State party. Article 20 (3) stipulates that such an inquiry may include a visit to the State party’s territory. The Special Rapporteur would like to urge Eritrea to accept the inquiry procedure and to remove the reservation it entered on accession to that effect. Additionally, she encourages Eritrea to accede to the Optional Protocol to the Convention against Torture, which, in article 1, provides for a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur hopes 36 37 38 39 40 Conversation with Mr. Asmerom in New York on 29 October 2014. Interview with a former national service soldier in September 2014. OHCHR, “UN rights expert calls for further releases in Eritrea”, press release, 6 May 2014. Available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14568&LangID=E. Arbitrary arrests and incommunicado detentions were carried out in the aftermath of the attempted coup d’état on 21 January 2013, known as the “Forto incident”. Over 50 people, including public figures, were arrested and detained, with no information as to their whereabouts, nor have they appeared before any court of law. The situation of Mr. Ali Omaro is a case in point (see A/HRC/28/85, p. 14). 17