Administration of justice in decay (21.06.2006)

by Memher Kesete Haile

Eritrea is the state which is situated on the western side of the red sea, and which has won its independence  after thirty years of prolonged struggle in 1991.

The aim of this essay is not to deal with any aspect of the armed struggle, but to explain some aspects of the existing condition in the country, in particular in relation with the administration of justice.
This does not mean that the other departments of the administration are alright, but because my training and experience is related with the legal profession, and I believe that I can perhaps reasonably write something about it.

Due to Historical coincidence Eritrea had a variety of social and cultural contacts with different peoples in its past history.
Its contact with the people of the south western Arabia had played a great role, which had an impact in the cultivating the great Axumite Empire, to which Eritrea was a part, though it had  its bitter pains caused by the lords of the time still felt by the people. Eritrea also had colonial relations with the Turks, the Italians and finally the Amharas.

The colonization of the Turks, Italians and the Amharas all in turn had their very sad and horrible memories on the Eritreans.
However, among all the evils, when it comes to the administration of justice, it can still be observed in the culture and language of the people the the law has a great role in the public affairs and the citizens had great interest and participation in its implementation.
During the time of colonialists the civil aspect of the administration of justice in the Eritrean community was left in the hands of the Eritreans themselves, and Eritreans could litigate in the local courts and get a decision on the basics of customs and laws that were reasonably known and understood by it.

At present the Eritrean civil law is subject to countless amendments which are not easy to follow and is running away from the grips of the people.
Now, since the advent of the E.P.L.F, as regards the administation of justice of the penal law, matters are utterly confused and out of order.

A.   At the top, the men in power, perhaps certain click, see and decide penal cases. Penal cases of what ever nature or gravity come to their jurisdiction and in general what is their jurisdiction is unknown. But are supposed to be political ones.
The most deplorable thing is that, the accused once taken from the place of arrest has no right of defence council, no right of meeting with his/her family members, no right of appeal and is taken to unknown place. Which simply means disapperance.
Eritrea is a small country, thus it could have been possible to know the whereabouts of some if not all the frequent and shocking happenings. One hears such a number of people or such and such named persons are taken by security men during dark hours. One also sees the absence of the said people ,but finds difficult to know as to where they have been taken or even whether they exist or not.
It can be imagined that the consequence of this riddle is the intense terror created by this evil regime.

B.   According to the E.P.L.F the second in hierarchy in the degree of importance in the mal-administration of criminal justice is the special-court. The judges who sit on the benches are military men who are with no sufficient training or experience in the profession.
In this court the right to defense council is officially denied, and there is no right of appeal. Once given a summary judgment, the so called convict he/she goes to meet the inhuman lack of paying insurmountable penalty and serving prison sentence.

C.   The jurisdiction of the ordinary courts is limited to the civil cases and penal cases that are supposed to be non-political. however, it happens that whenever a certain case involves interest of the administration. It may be referred to a committee of the administration`s choice for judgment. No doubt such decisions are one sided, and from the whole approach it can be known that the aim is not to give just and balanced justice, but to blindly serve the administration.
In the appointment of judges ,there is no rule to follow, regarding their standard of education, or experience they are appointed and dissmissed at the whim of the administration. There is no rule regulating their tenure of office, salary and transfer.
This kind of management undoubtedly creates a dangerous lack of confidence and becomes a cause for rampant corruption.

D.   When we think or write something about the administration of justice there is one department that we immediately realize that writing about it becomes indespensable.
In Eritrea, normally there is the prosecution or advocate General´s office. But it is not in a position of giving effective directions in accordance with the written law. The police are inclined to follow directions from other sources.

E.   Starting from 1942 up to the coming of the E.P.L.F there was a properly organized organization of Lawyers in Eritrea. However, when the present administration required all organizations to re-new their licences, the Lawyers like other professionals repeatedly applied for the renewal of their association, but with no positive effect. The so called Ministry of Justice has done nothing except from time to time tantalizing the applicants by devising a variety of lame excuses.

F.   Another great instrument of a democratic way of life in a society is free press. But this basic human right is unthinkable to exist in this regime. Journalists are muzzled by the terror created, and many are sent to the unknown prisons through the methods mentioned earlier.

From the above facts it can safely be taken that since there is no rule of law but rule of cruel men, the due process of law is only a dream, life is totally unbearable and dark. The brutalities that occur in some prisons, war fronts and trenches, about which people speak are extremely horrible.

So the big question that might follow, as I think is, how the solution of this seemingly insurmountable problem to be obtained?

Many people in daily life are heard to express their views, that the almighty God stretches his hand such a complicated problem as ours cannot be solved. I am a believer myself in the almighty, and trust that god may provide with the countless opportunities to make a real government of the people in Eritrea.

But, God has also ordered that any human being aspiring to do or achieve something, must beg and knock relentlessly. We Eritreans must seriously realize the responsibility we are expected to shoulder. It is of necessity desirable to abolish the existing evil and in its stead institute a state, where the citizens can be able to obtain protection and services. Each and every one of us must exert positive physical effort in order to achieve our goal.

First and foremost we must reconcile with ourselves, with God and at the same time with our fellow citizens. If we are to succeed in instituting a government that belongs and serves all of us, the aim of instituting that government must be a first priority, and subsequent matters must be deferred. The situation in our country does not allow relaxation, not only to our countrymen but to all conscientious members of humanity.

Keeping the above in mind, after a thorough learning and discussions of questions, decisions must be democratically reached at, always with the aim of establishing democratic traditions and inistututing a democratic government.

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