Criminal Procedure Code at Eritrea
Eritrea's criminal justice system is governed by the Criminal Procedure Code of the State of Eritrea, enacted on 15 May 2015. This code replaced the earlier Transitional Criminal Procedure Code of 1991, aiming to modernize and streamline criminal procedures within the country . (Ministry of Justice Eritrea (Author), published by UNHCR – UN High Commissioner for Refugees: “Criminal Procedure Code of the State of Eritrea”, Document #1069614 - ecoi.net)
Key Features of the 2015 Criminal Procedure Code
1. Court Structure and Jurisdiction
The code establishes a three-tiered court system:
Community Courts: Handle minor offenses and civil disputes, typically involving sums under approximately $7,300 (100,000 Nakfa).
Regional (Zoba) Courts: Address more serious offenses and civil cases with higher stakes.
High Court: Deals with the most serious criminal cases, such as murder and rape . (Community Courts of Eritrea)
Jurisdiction is generally determined by the location where the offense was committed. However, if the act and its consequences occurred in different jurisdictions, the case may be filed in either . (Sewasew | Criminal Procedure Code (የወንጀል ሥነ ሥርዓት ሕግ))
2. Prosecution and Defense
The Public Prosecutor is responsible for initiating and conducting criminal proceedings. While the code does not explicitly prohibit legal representation, the practical ability of defendants to secure counsel may be limited, especially in rural areas where legal resources are scarce . (U.S. Department of State Country Report on Human Rights Practices 1999 - Eritrea | Refworld)
3. Trial Procedures
Trials are generally conducted in open court, but certain cases may be heard in closed sessions, particularly those involving national security concerns. Defendants have the right to be informed of the charges against them and to present a defense, although the effectiveness of these rights in practice can vary .
4. Appeals Process
Decisions made by Community and Regional Courts can be appealed to the High Court. The High Court's rulings are typically final, with limited avenues for further appeal . (U.S. Department of State Country Report on Human Rights Practices 1999 - Eritrea | Refworld)
Special Courts and Military Tribunals
In addition to the regular court system, Eritrea maintains specialized judicial bodies: (Gerichtsorganisation in Eritrea)
Special Court: Established by Proclamation 85/1996, this court handles cases involving serious offenses such as theft, embezzlement, and corruption. It operates with significant autonomy, and trials are often conducted without the presence of defense counsel . (Introduction to Eritrean Legal System and Research - Globalex, Special Court of Eritrea)
Military Courts: These courts have jurisdiction over offenses committed by military personnel and cases involving national security. The procedures in military courts may differ from those in civilian courts, and the rights of the accused can be more restricted . (Introduction to Eritrean Legal System and Research - Globalex)
Accessing the Criminal Procedure Code
The full text of the Criminal Procedure Code of the State of Eritrea is available through the UNHCR's Refworld database and the Law Library of Congress. An unofficial English translation is also accessible via ecoi.net . (Ministry of Justice Eritrea (Author), published by UNHCR – UN High Commissioner for Refugees: “Criminal Procedure Code of the State of Eritrea”, Document #1069614 - ecoi.net)
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