Eritrean Constitution: New Provisions Aim to Protect Defendents’ Rights
Strengthening Judicial System and Human Rights
The Eritrean Constitution has introduced new provisions aimed at strengthening the country’s judicial system and protecting the rights of defendants. These reforms aim to prevent double jeopardy, ensure fair trials, and promote transparency and accountability in the justice system.
New Provisions
Preventing Double Jeopardy
Under the new Article 8, individuals accused of crimes cannot be tried twice for the same offense. This provision aims to prevent the government from using multiple charges or trials to punish defendants for the same alleged wrongdoing.
Prohibition of Secret Evidence
The article also prohibits the use of secret evidence in court proceedings, a move that is expected to increase transparency and accountability in the justice system.
Judge Recusal
Another significant change introduced by the new constitution is the requirement for judges to recuse themselves in cases where they have a personal interest or are related to any party involved in the case. This provision aims to ensure the independence and impartiality of the judiciary, ensuring that defendants receive fair trials.
New Chapter on Court Powers and Duties
The Eritrean Constitution introduces a new chapter on the powers and duties of courts, outlining their responsibilities to conduct pre-trial proceedings, trials, appeals, and extraordinary review proceedings. The chapter also emphasizes the importance of investigating conditions in prisons, police stations, and other places of detention to ensure the proper treatment of inmates.
Prohibition of Trial and Punishment by Non-Courts
The constitution’s provision on the prohibition of trial and punishment by any person or institution other than courts is also seen as a significant step towards strengthening the rule of law in Eritrea. This provision aims to prevent arbitrary detentions and punishments, ensuring that only courts constituted by law can try and punish individuals accused of crimes.
Reaction from Human Rights Groups
The new constitution has been welcomed by human rights groups and legal experts, who see it as a major step forward in promoting justice and protecting human rights in Eritrea.
- “This is a significant development for Eritrea’s judicial system,” said Amara Tesfamariam, director of the Eritrean Human Rights Centre. “The new constitution’s provisions on double jeopardy, secret evidence, and judge recusal are all important steps towards ensuring fair trials and upholding human rights.”
- However, some critics have raised concerns about the constitution’s lack of clarity on certain issues, such as the definition of a “relative” in Article 12.
- “While the new constitution is a step forward, we still need more clarity on certain provisions,” said Tesfamariam. “We urge the government to provide further guidance on these issues to ensure that the judiciary can effectively implement these reforms.”
Conclusion
Despite concerns about the constitution’s lack of clarity on certain issues, the introduction of these reforms is seen as a positive development for Eritrea’s judicial system and human rights landscape.
- “In conclusion, the new Eritrean Constitution represents a significant milestone in the country’s journey towards promoting justice and protecting human rights,” said Tesfamariam. “We hope that the government will continue to build on these reforms to create a more just and equitable society for all Eritreans.”