Drafting the Penal Code for Eritrea: A Challenging but Rewarding Experience

Introduction

This article continues the narrative of drafting the penal code for Eritrea, a process that involved collaboration between international experts and local stakeholders. The experience was marked by both challenges and rewards, as we worked together to build a just and fair legal system in a post-conflict country.

The Discussion: Lively but Contention

In addition to addressing questions about the civil law framework and discretion at sentencing, we also discussed contentious issues like the death penalty and corporal punishment. The Eritrean participants were particularly interested in our views on these topics, given their history of using capital punishment during times of war.

The discussion was lively and sometimes contentious. Some Eritreans felt that we were too restrictive in our proposals, while others thought we were not going far enough. For example:

• Retention of the death penalty: Some argued that the death penalty should be retained for crimes like murder or treason, while others believed it should be abolished altogether.
• Flexibility in sentencing: We revised the sentencing scheme to include more flexibility for judges to consider mitigating or aggravating circumstances.

Revising and Finalizing the Draft

After several days of discussion, the Eritreans provided us with written feedback on our draft and asked us to revise it accordingly. We took their comments into account and made significant changes to the code.

The next step was to finalize the draft and submit it to the Eritrean government for review. We returned to Asmara a few months later to meet with the Minister of Justice and other officials to present our final draft. They were pleased with the progress we had made, and after some minor revisions, they accepted the draft as their new penal code.

Challenges and Difficulties

However, there were also some difficulties and challenges during the drafting process. One of the main issues was the lack of clear guidelines from the Eritrean government on what they wanted the new penal code to look like. This made it difficult for us to know where to start and how to proceed.

Another challenge was the fact that many of the Eritrean lawyers and judges who were involved in the drafting process had limited experience with modern penal codes and sentencing procedures. They were used to a more traditional approach to law, which emphasized strict punishment over rehabilitation or restorative justice.

Conclusion

Despite these challenges, we were able to work together effectively and produce a draft that met the Eritreans’ needs and goals. The new penal code was adopted in 1998 and has since been amended several times to reflect changes in Eritrea’s laws and policies.

Overall, the experience of drafting the penal code for Eritrea was a valuable one, both personally and professionally. It taught me the importance of collaboration and communication in international law-making, as well as the challenges and complexities involved in building a just and fair legal system in a post-conflict country.