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The Regional Courts of Eritrea are an intermediate system of courts of appeal in Eritrea. It has both original and appellate jurisdiction.
An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules.
Eritrea, officially the State of Eritrea, is a country in the Horn of Africa, with its capital at Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast. The northeastern and eastern parts of Eritrea have an extensive coastline along the Red Sea. The nation has a total area of approximately 117,600 km2 (45,406 sq mi), and includes the Dahlak Archipelago and several of the Hanish Islands. Its toponym Eritrea is based on the Greek name for the Red Sea, which was first adopted for Italian Eritrea in 1890.
Individual cases are heard by an individual judge. Defense councils are permitted, to present cases but are typically appointed by the court, because defendants are rarely able to meet the cost of private representation. [1]
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.
A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.
Politics of Eritrea takes place in a framework of a single-party presidential republican totalitarian dictatorship, whereby the President is both head of state and head of government. The People's Front for Democracy and Justice is the only political party legally permitted to exist in Eritrea. The popularly elected National Assembly of 150 seats, formed in 1993 shortly after independence, elected the current president, Isaias Afewerki. There have been no general elections since its official independence in 1993. They are governed under the constitution of 1993. A new constitution was ratified in 1997, but has not been implemented.
Telecommunications in Eritrea are under the authority of the Government of Eritrea.
The Eritrean Defence Forces military role stems from Eritrea's strategic geographical location. It is located on the Red Sea with a foothold on the Straits of Bab al-Mandeb.
The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in the Netherlands. The PCA is not a court in the traditional sense but provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 121 states. The organization is not a United Nations agency, but the PCA is an official United Nations Observer.
The Federal Government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories, and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the federal courts, respectively. The powers and duties of these branches are further defined by acts of congress, including the creation of executive departments and courts inferior to the Supreme Court.
The Eritrean–Ethiopian War, one of the conflicts in the Horn of Africa, took place between Ethiopia and Eritrea from May 1998 to June 2000, with the final peace only agreed to in 2018, twenty years after the initial confrontation. Eritrea and Ethiopia, two of the world's poorest countries, spent hundreds of millions of dollars on the war and suffered tens of thousands of casualties as a direct consequence of the conflict. Only minor border changes resulted.
Throughout Jehovah's Witnesses' history, their beliefs, doctrines, and practices have engendered controversy and opposition from local governments, communities, and religious groups. Many Christian denominations consider the interpretations and doctrines of Jehovah's Witnesses to be heretical, and some professors of religion have described the group as a cult.
The Hanish Islands conflict was a dispute between Yemen and Eritrea over the island of Greater Hanish in the Red Sea, one of the largest in the then disputed Zukur-Hanish archipelago. Fighting took place over three days from 15 December to 17 December 1995. In 1998 the Permanent Court of Arbitration determined that most of the archipelago belonged to Yemen.
The Hanish Islands are an island group in the Red Sea. Most of them are a part of Yemen, but before 1998 they were claimed by Eritrea as well. After a case in an international court under the guidance of Abdul Karim al-Iryani, Yemen was granted full ownership of the larger Islands, and Eritrea was awarded the peripheral islands to the southwest.
The High Court of Eritrea is the final court of appeal in Eritrea and the highest court in the Eritrean judicial hierarchy. It has both original and appellate jurisdiction.
The Special Court of Eritrea is a parallel court to the traditional judicial hierarchy. The Special Court may retry a case that has been resolved through the traditional legal system. The judges of the Special Court serve as the prosecutors of case while defense counsel is not allowed the defendant is allowed to present their case.
The Community Courts of Eritrea are the foundation of the judicial system in Eritrea. The courts typically hear cases regarding minor infractions, typically involving sums of less than approximately $7,300.
Ex aequo et bono is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with consideration of the law but consider solely what they consider to be fair and equitable in the case at hand.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Eritrea face legal challenges not experienced by non-LGBT citizens. Homosexual acts are illegal in Eritrea, punishable by up to 3 years in prison. LGBT persons are regularly prosecuted by the government and additionally face stigmatization among the broader population.
The Eritrean Civil Wars were two conflicts that were fought between competing organizations for the liberation of Eritrea.
United Nations Security Council resolution 1298, adopted unanimously on 17 May 2000, after reaffirming resolutions 1177 (1998), 1226 (1999), 1227 (1999) and 1297 (2000) on the situation between Eritrea and Ethiopia, the Council condemned continuing hostilities and imposed an arms embargo on both countries.
In 2010 the U.S. Department of State reported that:
Eritrea is a source country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and, to a lesser extent, forced prostitution. During the reporting period, acts of forced labor occurred in Eritrea, particularly in connection with the implementation of the country's national service program. Under the parameters set forth in Proclamation of National Service, men aged 18 to 54 and women aged 18 to 47 are required to provide 18 months of military and non-military public works and services in any location or capacity chosen by the government....
Eritrean children work in various economic sectors, including domestic service, street vending, small-scale factories, and agriculture; child laborers frequently suffer abuse from their employers and some may be subjected to conditions of forced labor. Some children in prostitution are likely exploited through third party involvement....
Each year, large numbers of Eritrean workers migrate in search of work, particularly to the Gulf States and Egypt, where some become victims of forced labor, primarily in domestic servitude. Smaller numbers are subjected to forced prostitution. In 2009, for example, five Eritrean trafficking victims were identified in the United Kingdom and one in Israel. In addition, thousands of Eritreans flee the country illegally, mostly to Sudan, Ethiopia, and Kenya, where their illegal status makes them vulnerable to situations of human trafficking.
Horn Africans in the United States are Americans with ancestry from the Horn of Africa. They include Djiboutian, Eritrean, Ethiopian and Somali individuals.
Corruption in Eritrea is a considered a deeply serious and growing problem. The level of corruption used to be considerably lower in Eritrea than in many other African countries. Indeed, it was traditionally viewed as having a “strong ‘anti-corruption’ culture” and considered relatively “egalitarian and corruption-free.” In 2006, a report by Bertelsmann Stiftung stated that corruption, as of that date, was not a serious problem within Eritrea. While noting that there had been “cases of corruption since independence,” they existed on a negligible level, although politically-motivated corruption allegations have been made. But, in fact, corruption is said to have been growing steadily worse ever since 1998, when, not long after the end of its decades-long war of independence, a border conflict with Ethiopia led to another war.
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