Law of Evidence at Eritrea
Eritrea's legal system governing the admissibility and handling of evidence in judicial proceedings is primarily structured around the Criminal Procedure Code of the State of Eritrea, 2015, and the Penal Code of the State of Eritrea, 2015. These codes represent a significant departure from the Ethiopian legal framework previously in use, aiming to establish a more autonomous and modern legal system. (Eritrea - Law guide - Ecoi.net)
Legal Framework and Sources of Law
Criminal Procedure Code of 2015: This code outlines the procedures for criminal trials, including aspects related to the presentation and evaluation of evidence. It emphasizes principles such as the presumption of innocence and the right to a fair trial. ([PDF] Criminal Procedure Code of the State of Eritrea, 2015 - NATLEX)
Penal Code of 2015: The Penal Code defines criminal offenses and prescribes corresponding penalties. It also provides guidelines on the admissibility of evidence, ensuring that only legally obtained evidence is considered in court proceedings.
Admissibility and Use of Evidence
While the Criminal Procedure Code establishes a legal framework for the handling of evidence, there is no comprehensive, standalone Evidence Code in Eritrea. Draft Evidence Rules were prepared based on Ethiopian models but were not enacted. Consequently, the void intended to be filled by those rules has not yet been addressed, leading to inconsistencies and uncertainties in the application of evidentiary standards. (An Evidence Code for Eritrea: Towards More Predictable Trials and Fairer Judgments)
Judicial Independence and Fair Trial Concerns
Despite the establishment of new codes, concerns persist regarding the independence of the judiciary and the fair application of laws. Reports indicate that the government continues to detain individuals without trial and that there is limited evidence of the implementation of habeas corpus provisions. Additionally, the absence of a comprehensive Evidence Code contributes to challenges in ensuring uniformity and fairness in trials. (World Report 2020: Eritrea | Human Rights Watch)
Conclusion
Eritrea's legal system has made strides towards modernization with the enactment of the 2015 Criminal Procedure and Penal Codes. However, the lack of a comprehensive Evidence Code and ongoing concerns about judicial independence highlight areas where further reforms are necessary to ensure the fair and consistent application of justice. (Introduction to Eritrean Legal System and Research - GlobaLex)
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