JJS 2006 Volume 31 Issue 2

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  • ItemOpen Access
    The reply of the Eritrean government to ACHPR's landmark ruling on Eritrea: a critical appraisal
    (Faculty of Law, University of the Free State, 2006) Mekonnen, D. R.
    English: This article assesses the official and most recent stance of the Eritrean government on the illegal detention of eleven prominent Eritrean political personalities who remain behind bars since September 2001. The objective is to evaluate the unlawful detention pursuant to relevant Eritrean laws, namely: the 1993 "Interim Constitution" of Eritrea; the transitional codes of Eritrea which include the Penal, Criminal Procedure, Civil and Civil Procedure Codes; and other laws that amended and supplemented some of the above acts. The article critically examines the grounds which have led to the detention of the victims and analyses the legality of such reasons according to operational Eritrean laws. The contribution will also assess the prolonged duration of detention (detention without trial) and the justifications of the government for such a prolonged detention. It is submitted that the grounds of detention and the justifications for the prolonged detention, as corroborated by the Eritrean government, are ill-founded and have no legal basis. The assessment is based on the latest official account given by the Eritrean government about the detention of the officials. This account was given in a letter sent to the African Commission on Human and People's Rights upon the Commission's landmark ruling against Eritrea in November 2003.
  • ItemOpen Access
    Sexual Offences Courts: better justice for children?
    (Faculty of Law, University of the Free State, 2006-12) Reyneke, J. M.
    English: Child victims of sexual abuse are vulnerable witnesses who experience trauma and secondary victimisation when they testify in sexual abuse cases. Sexual Offences Courts aim to alleviate this problem in various ways. The main focus of this article is to examine the prescribed blueprint for Sexual Offences Courts in order to determine whether blueprint-compliant Sexual Offences Courts contribute to better justice for child victims of sexual offences. Each blueprint requirement is therefore analysed with the aim of determining whether possible advantages for child victims can be identified.The conclusion is reached that substantial advantages for child victims are provided by blueprint compliant Sexual Offences Courts. By 2005 54 Sexual Offences Courts were established countrywide and official statistics indicate that these courts are very successful. However, despite numerous commitments by government to establish more of these courts, a moratorium on the establishment of new courts was announced. It is argued that blueprint compliant Sexual Offences Courts do indeed provide better justice for children and therefore more of these courts should be established at a much faster rate.