The reply of the Eritrean government to ACHPR’s landmark ruling on Eritrea: A critical appraisal

Abstract

This article assesses the official and most recent stance of the Eritrean government on the illegal detention of eleven prominent Eritrean political personalities who remain behind bars since September 2001. The objective is to evaluate the unlawful detention pursuant to relevant Eritrean laws, namely: the 1993 “Interim Constitution” of Eritrea; the transitional codes of Eritrea which include the Penal, Criminal Procedure, Civil and Civil Procedure Codes; and other laws that amended and supplemented some of the above acts. The article critically examines the grounds which have led to the detention of the victims and analyses the legality of such reasons according to operational Eritrean laws. The contribution will also assess the prolonged duration of detention (detention without trial) and the justifications of the government for such a prolonged detention. It is submitted that the grounds of detention and the justifications for the prolonged detention, as corroborated by the Eritrean government, are ill-founded and have no legal basis. The assessment is based on the latest official account given by the Eritrean government about the detention of the officials. This account was given in a letter sent to the African Commission on Human and People’s Rights upon the Commission’s landmark ruling against Eritrea in November 2003.