A/HRC/38/50 (e) The Government’s response to dissent is arbitrary arrests and detentions in overcrowded detention centres with no means to challenge the legality of the detentions before an impartial and independent court of law; (f) Participants at peaceful demonstrations and gatherings held in compliance with international human rights standards are subjected to excessive use of force by the military and law enforcement apparatus. Demonstrators are arbitrarily detained for expressing their views when they assemble; (g) The Government’s actions aimed at controlling religious practice in Eritrea through different kinds of interference do not enhance the religious tolerance that has hitherto characterized the harmonious relations among different religious communities in Eritrea; (h) Detainees are especially vulnerable to human rights violations, including torture, as legal procedures and safeguards, such as access to family members, lawyers and doctors, are denied; (i) Pretrial detention is the norm and not the exception; (j) Independent institutions that ensure the separation of powers, with checks and balances built into the system, are either weak or absent; (k) The impunity enjoyed by perpetrators of crimes against humanity and human rights violations remains an unrelenting challenge to be addressed through effective measures. Repeatedly, the Government has failed to prosecute perpetrators to ensure accountability. Essentially, Eritrea has demonstrated that victims of crimes against humanity and human rights violations will not receive adequate remedies. Thus, impunity has been strengthened and entrenched, with the prospect that human rights violations will continue to be committed while perpetrators are shielded. VI. Recommendations 109. The Special Rapporteur recommends that the Government of Eritrea: (a) Put an immediate end to all human rights violations documented by the Special Rapporteur and the commission of inquiry on human rights in Eritrea, including the ongoing violations highlighted in the present report; (b) Take into earnest consideration the recommendations expressed in the present and previous reports of the Special Rapporteur and those of the commission of inquiry on human rights in Eritrea and implement them by adopting an action plan that is specific, measurable, achievable, relevant and time bound; (c) Release unconditionally all prisoners of conscience, including members of the Eritrean G-15 and those incarcerated for their religious beliefs; (d) Put an immediate stop to arbitrary arrests and detentions and immediately release all those arbitrarily detained, in particular children, the elderly and women; (e) Address the shortcomings of overincarceration and congested detention centres and their negative impacts, including deaths in custody by: (i) Ensuring that those accused of a crime have the opportunity to present their case before action is taken against them, in accordance with the basic principles of due process; (ii) Giving detainees access to legal counsel; (iii) Using detention centres only for the purpose for which they are intended; (iv) Developing and implementing alternatives to custodial measures, especially for children, the elderly and women and persons with precarious health; 17