Editing Politics of Eritrea (section)

=== Discrepancies within the judicial system ===
By Constitutional measures, the law prohibits “indefinite and arbitrary” detention, requires arrested persons be brought before a court within 48 hours, and sets a limit of 28 days in which an arrested person may be held without being charged for a criminal offense.<ref name=":0" /> However, this statute is often not practiced, especially in regard to political crimes. The Constitution also grants defendants the right to be present during the trial with legal representation for punishments exceeding ten years, yet many lack the resources to retain a lawyer and the Eritrean judicial system lacks qualified lawyers who can serve as defense attorneys.<ref name=":0" /> Although the High Court does uphold the right to confront and question witnesses, present evidence, gain access to government-held evidence, and appeal against a decision, the Special Court disregards the above qualities.<ref name=":0" /> In addition, Eritrea's absence of civil judicial procedures addressing [[human rights in Eritrea|human rights violations]] by the government contradicts Article 24 of the constitution that allows for this redress for citizens.<ref name=":0" /> The last contradiction is of the judges themselves. Of course, the judges are physically able, for Proclamation on the Establishment of Community Courts No. 132/2003 bars citizens with mental disabilities from standing for elections as judges;<ref>{{Cite journal|last=Futsum|first=Abbay|date=2015|title=Eritrea|journal=African Disability Rights Yearbook|volume=3|pages=172–175}}</ref> however, judges do not receive training or do not have prior experience in law. Many are military men who form their decision based on conscience and the political values of the [[Eritrean Liberation Front]] (ELF).<ref name=":0" /> Lastly, despite constitutional calls for an independent judiciary, the president of Eritrea continues to intervene in judicial decision-making.<ref name=":0" />