A/HRC/7/10/Add.1
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Observations
92.
The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to recall that the Human Rights
Council in para. 9 of its resolution 6/37 of 14 December 2007 urged States “(h) to ensure that, in
accordance with appropriate national legislation and in conformity with international human
rights law, the freedom of all persons and members of groups to establish and maintain religious,
charitable or humanitarian institutions is fully respected and protected; (i) to ensure that, on
account of religion or belief or the expression or manifestation of religion or belief, no one
within their jurisdiction is deprived of the right to life, liberty or security of person, subjected to
torture or arbitrary arrest or detention”.
Communication sent on 11 October 2007 jointly with the Special Rapporteur on the
question of torture
93.
The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Paulos Eyassu, Mr. Isaac Mogos, Mr. Negede Teklemariam, Mr. Aron
Abraha, Mr. Mussie Fessehaye, Mr. Ambakom Tsegezab, Mr. Bemnet Fessehaye, Mr. Henok
Ghebru, Mr. Kibreab Fessehaye, Mr. Bereket Abraha Oqbagabir, Mr. Yosief Fessehaye, Mr.
Asmeron Beraki, Mr. Tesgabirhan Berhe, Mr. Yemane Tsegay, Ms. Akberet Ghebremichael,
Ms. Rebka Ghebretinsaye, Mr. Fesseha Ghebrezadik, Mr. Tekle Kebede, Mr. Hagos
Woldemichael, Mr. Worede Kiros, Mr. Tekle Tesfai, Mr. Yonathan Yonas, Mr. Ghebrenigus
Habte, Mr. Ghebru Birhane and Mr. Tekleab Tesfamichael.
94.
According to the information received these 25 Jehovah’s Witnesses were detained solely
on the basis of their religious beliefs in the Eritrean prisons of Sawa Camp, Mai Serwa and
Sembel Prison Asmara. The eleven first-named persons have been imprisoned for conscientious
objection to military service whereas the others were arrested while attending religious meetings
or sharing their faith with people in public. The Government had not designed any service
alternative to military service, which would permit Jehovah’s Witnesses and others whose faith
prevents them from serving in the army to satisfy the requirement of doing national service. Mr.
Paulos Eyassu, Mr. Isaac Mogos and Mr. Negede Teklemariam have been imprisoned since 24
September 1994 in the Sawa prison for conscientious objection although the maximum legal
penalty for refusing to perform national service is two years. Furthermore, they were denied any
visitors, including their families. No specific charges have been filed against them and they have
never been given a trial. The conditions of detention in Sawa Camp are harsh with overcrowding
and extremely restricted access to medical care. Most of the prisoners are said to be held in metal
containers and underground cells.
Observations
95.
The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She wishes to stress that the right of conscientious
objection is a right which is closely linked with freedom of religion of belief. The Special
Rapporteur would like to draw the Government’s attention to paragraph 5 of resolution 1998/77
of the Commission on Human Rights, which emphasizes that States should take the necessary
measures to refrain from subjecting conscientious objectors to imprisonment. Imprisoning
conscientious objectors for more than 13 years is clearly a disproportionate measure which
violates the individuals’ right to freedom of thought, conscience and religion as laid down in