A/HRC/7/10/Add.1 page 25 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

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