Criminal Law Eritrea
Criminal Law in Eritrea is governed by the Eritrean Penal Code, enacted in 2015, and the Criminal Procedure Code, which together outline the legal framework for criminal offenses, the rights of the accused, and the procedures for prosecuting and adjudicating criminal cases. Eritrea's legal system is influenced by Italian and Ethiopian legal traditions, as the country was once an Italian colony and later part of Ethiopia before gaining independence in 1993. The country’s criminal law, although modernized in some respects, is sometimes criticized for its broad and vague provisions, particularly when it comes to freedom of expression, political offenses, and the treatment of detainees.
1. Sources of Criminal Law in Eritrea
The Constitution of Eritrea: The Constitution guarantees certain fundamental rights, including the right to a fair trial, freedom from arbitrary detention, and the presumption of innocence. However, the Constitution has not been fully implemented, and civil and political rights remain limited in practice.
The Penal Code (2015): The Eritrean Penal Code is the primary source of criminal law, detailing the categories of crimes and associated punishments. It is a civil law code that classifies offenses into felonies and misdemeanors and establishes the penalties for crimes such as murder, theft, rape, and fraud. The Penal Code also addresses more politically sensitive crimes, such as offenses against national security.
The Criminal Procedure Code: This Code outlines the legal process for the investigation, prosecution, and trial of criminal offenses. It establishes rules for arrests, detention, trial procedures, and appeals, and also protects the rights of the accused to some extent.
Specialized Laws: Eritrea also has various laws that specifically address crimes such as terrorism, espionage, political dissent, and anti-government activities. These laws are often criticized for being used to suppress opposition and freedom of expression.
2. Criminal Offenses in Eritrea
Criminal offenses in Eritrea are classified into felonies (serious crimes) and misdemeanors (less serious crimes). These crimes range from violent offenses like homicide and assault, to economic crimes such as theft and corruption, as well as political offenses like espionage and anti-government activities.
Crimes Against Persons
Murder and Homicide: Murder (homicidio) is one of the most serious offenses under Eritrean law, and those convicted of intentional homicide can face severe penalties, including life imprisonment or even the death penalty in certain cases. Manslaughter and negligent homicide result in lesser sentences, but still carry significant prison terms.
Assault: Assault (agresión) is defined as intentionally causing harm to another person. The severity of the punishment depends on the extent of the injury. If the victim sustains severe injury or if weapons are used, the punishment will be more severe, possibly including long prison sentences.
Sexual Offenses: Rape (violación) and other forms of sexual assault are serious crimes under Eritrean law. The Penal Code criminalizes sexual violence, including rape, sexual harassment, and sexual abuse. Convictions for rape carry long prison terms, and sexual abuse of minors is treated with utmost severity.
Crimes Against Property
Theft: Theft (robo) involves unlawfully taking another person’s property. The punishment for theft depends on the value of the stolen goods, the method of theft (e.g., armed robbery), and whether there are aggravating circumstances such as violence or recidivism.
Fraud: Fraud (fraude) is the intentional deception to gain financial or personal benefit. Those convicted of fraud may face significant prison sentences and fines. This can include crimes such as embezzlement, tax evasion, or false representation.
Burglary and Robbery: Burglary (allanamiento) involves breaking into a building with the intent to commit theft or other crimes. Robbery (asalto) is a more serious form of theft that involves the use of force or threats against victims. Robbery is considered a felony and carries severe penalties.
Crimes Against National Security
Espionage and Treason: Eritrean law criminalizes espionage (espionaje), which involves espionage for a foreign country or entity. Treason (alta traición), which is the betrayal of the state or the government, is also considered a serious crime. Penalties for these offenses can include life imprisonment or the death penalty.
Terrorism: Eritrea has laws that define terrorism as violent actions intended to create fear or disrupt the country's political stability. Those convicted of terrorism can face severe penalties, including life sentences and the death penalty, depending on the nature of the crime.
Crimes Related to Political Dissent
Anti-Government Activities: Eritrea has laws that criminalize anti-government activities such as opposing the government, protesting, or organizing dissent. These activities are often treated as treasonous, and individuals involved in them may face imprisonment, torture, or even execution. This includes both public opposition and private dissent.
Freedom of Expression: Although Eritrea's Penal Code recognizes certain fundamental rights, the government is known for severely limiting freedom of speech. Criticizing the government or its officials can result in criminal prosecution. Individuals engaged in journalistic activities that are critical of the government may be arrested, detained, and subjected to harsh treatment.
3. Penalties and Sentences
Criminal penalties in Eritrea vary depending on the severity of the crime. The Penal Code provides for various forms of punishment:
Imprisonment: The most common penalty is imprisonment, which can range from short sentences for minor offenses (e.g., petty theft or vandalism) to life imprisonment for serious offenses (e.g., murder, treason, terrorism). Imprisonment conditions in Eritrea are often harsh, and reports of inhumane treatment of prisoners are common.
Fines: For lesser crimes or in combination with prison sentences, individuals may be required to pay fines. These fines are typically set according to the seriousness of the crime and the financial situation of the offender.
Death Penalty: The death penalty is still a legal punishment in Eritrea, particularly for crimes against the state, including treason, espionage, and terrorism. The death penalty is rarely carried out, but it remains part of the legal system.
Corporal Punishment: In certain cases, corporal punishment (e.g., whipping or flogging) may be applied, especially for crimes like theft and other minor offenses. However, this form of punishment is not frequently used.
4. Criminal Justice Process
The criminal justice process in Eritrea includes the following key stages:
Investigation: When a crime is reported, law enforcement agencies, including the Police and the Ministry of Justice, begin an investigation. The investigation can include gathering evidence, questioning witnesses, and identifying suspects. Arrests can be made at this stage.
Arrest and Detention: The police have the authority to arrest individuals suspected of committing crimes. However, there are concerns about arbitrary detention in Eritrea, particularly for political prisoners or those accused of dissent. Detention can be prolonged without charge, and detainees may be held in poor conditions.
Trial: The trial process is typically conducted in Eritrean courts, which may include criminal, military, or specialized courts. Trials are adversarial, but there are concerns about lack of fairness, impartiality, and transparency. The accused often face difficulty accessing legal counsel, and the judiciary is seen as heavily influenced by the government.
Appeals: In theory, individuals convicted of crimes can appeal to higher courts, but appeals are rarely successful in Eritrea, especially for cases involving political dissent. Legal remedies for human rights violations are limited.
5. Rights of the Accused
Eritrean criminal law guarantees certain rights for the accused, though these rights are not always upheld in practice:
Right to Legal Counsel: The accused have the right to legal representation. However, in many cases, access to legal counsel is restricted, particularly for individuals accused of political crimes.
Right to a Fair Trial: The Constitution guarantees the right to a fair trial, but this right is often violated in practice. Trials are sometimes conducted in military courts or special tribunals, which are not independent of the government.
Presumption of Innocence: Like many legal systems, Eritrean law upholds the presumption of innocence until proven guilty. However, confessions obtained under duress are a concern, and individuals are sometimes coerced into confessing crimes they did not commit.
Protection from Torture: While the Constitution prohibits torture and inhumane treatment, reports of torture and ill-treatment of detainees are widespread, particularly for those accused of political offenses.
Conclusion
Criminal law in Eritrea is governed by the Penal Code and the Criminal Procedure Code, but
the legal system faces significant challenges related to human rights. While the law recognizes certain rights, the government often limits freedom of expression, political dissent, and due process. Individuals accused of politically motivated crimes face severe penalties, including detention, torture, and even the death penalty. The legal system is heavily criticized for its lack of independence, lack of transparency, and abuses against those perceived as enemies of the state.
RELATED Blog
0 comments