Eritrea: Issuance and delivery procedures for police orders or summonses in Asmara for suspected offenders or those violating reporting conditions, including whether the order or summons has to be delivered to the specified individual or can be left with a relative; format of the order or summons (2013)

1. Background

In correspondence with the Research Directorate, a political scientist specializing in the Horn of Africa, who was in Eritrea to conduct various research [including on subjects related to development, social stability and security (Political Scientist 30 Apr. 2014)] for extended periods between 1995 and 2010, and who is affiliated with the Institute of African Affairs at the German Institute of Global and Area Studies (GIGA) [a Hamburg-based independent research institute that conducts research on political, economic and social developments in Africa, Asia, Latin America and the Middle East (GIGA n.d.)], provided the following information:

The judiciary of Eritrea is in disarray and it is composed of a hybrid system of courts and security forces.

The regular court system is weak and prone to political interference - the Supreme Court is [defunct] since the Chief Judge was sacked for political reasons in 2001.

Civil cases are normally handled by customary law, Shari'a Courts in the case of Muslims, or by the Community Courts, which are staffed with lay judges by the government and are supposed to give verdicts based on customary law.

There are also Special Courts run by military officers who handle cases of (alleged) corruption. And finally, military officers have the power to arrest conscripts of the army or national service for reasons of draft dodging, poor performance, etc.

A peculiar fact in Eritrea is that prisoners are hardly ever accused of an offense and brought before a court of law - they are just arrested, kept in prison, and released after an arbitrary timespan.

There are various authorities with the de facto power to imprison suspects of offenses, draft dodging or for political/religious reasons: the ordinary police forces, the state security organs, and the forces of military commanders. (Political Scientist 26 Apr. 2014)

The US Department of State's Country Reports on Human Rights Practices for 2013 states that "arbitrary arrest and detention remained widespread" (US 27 Feb. 2014, 4). According to Country Reports 2013,

[p]olice were responsible for maintaining internal security, and the army was responsible for external security, but the government sometimes used the armed forces, the reserves, demobilized soldiers, or the newly mustered civilian militia to meet domestic and external security requirements. Agents of the National Security Office, which reports to the Office of the President, were responsible for detaining persons suspected of threatening national security. The armed forces have authority to arrest and detain civilians. Police generally did not have a role in cases involving national security. (ibid., 5)

In correspondence with the Research Directorate, an Eritrean journalist based in Canada indicated that "it is not only the police who maintain the internal security but also the armed forces. The government uses the armed forces to supplement police activities" (Journalist 29 Apr. 2014).

2. Police Orders or Summonses

Information specific to 2013 on the issuance and delivery of police orders or summonses could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, an Eritrean professor of sociology who is both a senior research fellow at the University of Oslo, Norway, and a senior advisor within an Eritrean research group at the International Law and Policy Institute (ILPI), a Norway-based independent institute that conducts research in the field of good governance, peace and conflict, and international law (ILPI n.d.), expressed the view that "ordinary procedures ... are usually not in place in Eritrea, where the rule of law is absent" (Senior Research Fellow 24 Apr. 2014). In a telephone interview with the Research Directorate, the Chairman of the Central Committee of the Addis Ababa-based Eritrean Al-Nahda Party (ENP), a party in opposition to the Eritrean government (ENP 4 Sept. 2013), similarly stated that "there is no rule of law in Eritrea" (ibid. 25 Apr. 2014).

In correspondence with the Research Directorate, a representative of the Eritrean-Canadians Human Rights Group of Manitoba (EHRGM), an advocacy group in Winnipeg that raises awareness of human rights violations committed by the Eritrean government against its citizens (EHRGM n.d.), provided information after consulting with Canada-based legal professionals, former members of the Eritrean police force, and researchers on Eritrea (ibid. 28 Apr. 2014). He said that there are two different "classes of people who may come into conflict with the Eritrean regime and 'law'," criminal cases and "cases of national security or issues of political or military nature" (ibid.). He indicated that, in criminal cases, concerning people who are considered to be offenders under the Eritrean criminal code, "the provisions of [the] transitional criminal procedure code are followed" (ibid.). The journalist indicated that, "if someone is being sought for non-political and non-religious reasons, such as for a domestic or land dispute or a conflict with a neighbour, the police issue a summons" (29 Apr. 2014). The EHRGM representative stated that, in criminal cases,

[s]ummonses are prepared by the police and are given to the person who makes the accusation. The injured person is asked to deliver the summons in person to the suspected offender. The summons details the person is needed to appear before the court, the date, and the place. Failing that, the accused will be answerable to law. If this procedure fails, the police again make another summons to bring the accused to court.

Depending on the nature of the crime, (if it is homicide or other grave crimes; or flagrant offenses (caught red handed), the accused will be taken into custody immediately after the alleged crime has been committed. (28 Apr. 2014)

The EHRGM representative added in subsequent correspondence that,

according to criminal procedure code, the person making the compliant has to deliver summons to the person. Failing that, the police bring the alleged offender to the police station for question or arrest. In practice, summons may be left with the neighbor or with a person living at the address of the alleged offender. (EHRGM 29 Apr. 2014)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Chairman of the Central Committee of the ENP said that there are no court procedures and summonses are not used in Eritrea (ENP 25 Apr. 2014). According to the representative of EHRGM, in cases of "national security or issues of a political or military nature, summonses are not issued" (EHRGM 28 Apr. 2014). He said that, in many cases, including "cases involving members of [the] national service failing to report to their units, individuals 'accused' of failing to fulfill their national obligations" and "many" other cases of a "political nature," summonses for such suspected offenders or those violating reporting conditions, are not issued in practice. For example, if the Eritrean security police or military police (MP) is looking for someone, they don't prepare a summons; they just arrest the person and take him or her to the jail. If a member of national service failed to report to the unit, members of the unit notify the local police station and local administration of this. Members of the unit may come looking for him and search his house, usually asking the parents to tell where their son/daughter has left. The local administration also follows up by denying the parents of coupons, or services until their son/daughter reports to the army. In some cases, the members of the unit take the parents put them in local police detention centers or army detention centers or other areas. In others, they leave them alone. It depends on how they want to proceed.

Cases involving members of national service failing to report to their units, individuals 'accused' of failing to fulfill their national obligations, or individuals suspected of being a threat to national security and many others are not listed as crimes that are the subjects of criminal courts in Eritrea. They are of security or political cases. The accused are not charged or brought to court of law; they don't have lawyer. In most cases, they are not known where they are detained. So, summonses are not part of the story in such cases of political or security matters.

In other cases, there is special court that deals with embezzlement and corruption which also doesn't allow legal representation and appeal. We are unclear if summonses are prepared in such cases. (ibid.)

The political scientist stated,

According to my knowledge, courts rarely issue orders or summonses against suspected individuals, if ever. Arrests are carried out by police, military or security forces without written orders. They usually act on orally given orders by their superiors among the police, military, or the political leadership. Courts have no say in these procedures. Conscripts who violate reporting conditions are arrested on oral demands of their superiors - as has been mentioned, there are no regular procedures and no rule of law. Therefore I doubt that summonses are used in the process, and if they are, it is well possible that they are left with relatives in the absence of the suspected offender.

There are no regular procedures in place which regulate the delivery of summonses. This is usually done orally without respect to any legal procedures. Relatives may be arrested instead of the suspect if he is absent, in order to put pressure on him to deliver himself to the authorities. (26 Apr. 2014)

The journalist stated that,

[i]n Asmara, police do not follow the written law which is not implemented to deliver order or arrest suspected offenders.

The law states that police must conduct an investigation and obtain warrant before making any arrest to anyone. After they arrest the individual, they must bring him/her before the judge within 48 hours; and they must release him/her within 28 days if they fail to file charge against the arrested individual.

However, this is only written on paper. The police don't follow proper procedure at all particularly if the individuals' case is related to political and religious beliefs, or evading national service etc. They simply arrest the individual and put him/her in jail. The suspected individuals get arrested for months to decades without charge. (29 Apr. 2014)

3. Format of Police Order or Summons

Information on the format of a police order or summons could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Eritrean Al-Nahda Party (ENP). 25 April 2014. Telephone interview with the Chairman of the Central Committee.

_____. 4 September 2013. Telephone interview with the Chairman of the Central Committee.

Eritrean-Canadians Human Rights Group of Manitoba (EHRGM). 29 April 2014. Correspondence from a representative to the Research Directorate.

_____. 28 April 2014. Correspondence from a representative to the Research Directorate.

_____. N.d. "About Hidmona." [Accessed 28 Apr. 2014]

German Institute of Global and Area Studies (GIGA). N.d. "Mission and Values." [Accessed 28 Apr. 2014]

International Law and Policy Institute (ILPI). N.d. "This is ILPI." [Accessed 21 Apr. 2013]

Journalist. 29 April 2014. Correspondence with the Research Directorate.

Political Scientist. 30 Apil 2014. Correspondence with the Research Directorate.

_____. 26 April 2014. Correspondence with the Research Directorate.

Senior Research Fellow, University of Oslo, Norway. 24 April 2014. Correspondence with the Research Directorate.

United States (US). 27 February 2014. "Eritrea." Country Reports on Human Rights Practices for 2013. [Accessed 28 Apr. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: Eritrea - Ministry of Information, Ministry of Justice; Eritrean Law Society; three lawyers in Asmara; four police stations in Asmara.

Internet sites, including: Amnesty International; Asmarino; ecoi.net; Eritrea - Ministry of Information; Eritrea24; Eritrea Daily; Factiva; Freedom House; Human Rights Watch; International Crisis Group; Interpol; Hauser Global Law School Program; Transparency International; United Nations - Integrated Regional Information Networks, Refworld.