E/CN.4/2006/5/Add.1
Page 33
129.
The Special Rapporteurs and the Working Group were informed that, on 28
May 2005, the security forces arrested a wedding party of over 200, including the
bride, whose name was not known and the groom, Binyam Gezay, in Asmara. The
only other name available was that of a gospel singer, Essey Stefanos. All those
arrested were members of the banned Meseret Christos church in Eritrea. They were
held in a police station in the Expo district of Asmara. Several detainees were released
without charge on 29 May, but the majority remained in custody. According to
Eritrean law they should have been brought before a court within 48 hours of arrest,
but this had not been done.
130.
Fear was expressed that the detainees were at risk of being tortured in an
attempt to force them to renounce their faith.
Communication sent on 14 October 2005 with the Working Group on Arbitrary
Detention
131.
The Special Rapporteur and the Working Group brought to the attention of the
Government the situation of: Ukbay (m), Yergalem Afewerki (f), Abraham (m), Berhane
(m), Eden (f), Elsa (f), Freweyni (f), Gebremichael (m), Hamelmal (f), Pastor Simon (m),
Teklemariam (m), Sirak Gebremichael(m), all members of the Kale Hiwot (Baptist)
Church and Akberet Nigussie (f), Rema Church office administrator, who along with over
200 members of evangelical churches had been arrested on 30 September and 3 October 2005
at the Kale Hiwot Church’s Development Project, and were detained following a crackdown
by the authorities in the capital, Asmara, which also resulted in the closing of the Church
Project's office. Office equipment and documents were seized from the premises of both
churches, which had been under continuous surveillance by the security forces for some days.
132.
It was further reported that none of them had been charged with any offence and that
they had not been brought before a court within 48 hours, as required by law. They were held
without charge at the 5th Police Station in Asmara. They were believed to be at risk of torture.
Response from Government dated 8 December 2005
133.
The Government responded that the persons whose names were listed in the
communication were not detained because of their religious beliefs but because they
attempted to leave the country to evade participation in the mandatory National Service
Program, endangered National Security in the name of religion and engaged in other crimes
against the State. The competent authorities are determined to take similar actions against
such criminal activities in the future.
Observations
134.
The Special Rapporteur regrets that she has not received any response from the
Government with regard to the abovementioned cases. She is particularly concerned about the
amount of allegations of arbitrary arrest and detention for religious reasons. She would like to
draw attention to article 4 (f) of Resolution 2005/40 of the Commission on Human Rights ,
which provides that States shall ensure that “no one within their jurisdiction is deprived of the
right to liberty or security of person because of religion or belief and that no one is subjected