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=== Court structure === The Eritrean judicial system is split into three different courts: the Civil Court, the Military Court, and the Special Court.<ref name=":0" /> Indeed, each level possesses distinct characteristics and responsibilities to uphold the rule of law in Eritrea. ==== Civil Court ==== At the lowest level of the Eritrean judiciary, the Civil Court eases the pressures of the higher courts by ruling on minor infractions of the law with sums less than 110,000 nakfa, or {{Formatnum:{{To USD|110000|Eritrea|round=yes}}}} US dollars.<ref name=":0" /> Notably, there are multiple divisions within the Civil Court; the structure has three tiers, the local "community courts," the regional courts and the national [[High Court of Eritrea|High Court]]. The community courts work on the basis of the area, the local rules and customs. At the bottom tier, they operate on a single-judge bench system where only one judge presides over each case. Here, village judges are elected, though typically they are the village elders and do not possess formal training.<ref name=":0" /> Although these judges mainly preside over civil cases, those who are well-versed in criminal law may rule on these kinds of cases as well.<ref name=":0" /> Within Eritrea, There are a total of 683 community courts across the country, with the number of magistrates totalling to 2,049, i.e. 55 in the Central Region, 213 in the South, 178 in Gash-Barka, 109 in Anseba, 98 in the Northern and 30 in the Southern Red Sea regions."<ref>{{cite web|url=http://www.shaebia.org/artman/publish/article_4206.html|title=Community Courts: Helping Citizens Settle Disputes out of Courts|date=2005-11-23|publisher=PFDJ|archive-url=https://web.archive.org/web/20060929111536/http://www.shaebia.org/artman/publish/article_4206.html <!-- Bot retrieved archive -->|archive-date=2006-09-29|access-date=2006-06-08}}</ref> If a dispute cannot be resolved in the community courts it can be appealed to the next level of judicial administration, the regional courts, natively known as Zoba Courts, which operate on a three-judge bench system.<ref name=":0" /> The Zoba Courts adjudicate civil, criminal, and ''Shari’a'' law, the last of which handles cases regarding members of the Islam faith.<ref name=":0" /> Decisions in the Zoba Courts can be appealed to the High Courts, which is primarily appellate in nature but also operates as a first-instance court for murder, rape, and serious felonies. This three-judge bench system holds jurisdiction in civil, criminal, commercial, and ''Shari’a'' law.<ref name=":0" /> Final appeals from the High Court are taken to the Supreme Court with a panel of five judges. The president of this Supreme Court is the president of the High Court, as well, and is accompanied by four other judges from the High Court to interpret the law.<ref name=":0" /> ==== Military Court ==== The Military Court composes another component of the Eritrean judicial system. The Military Court’s jurisdiction falls under cases brought against members of the armed forces as well as crimes committed by and against the members of the armed forces.<ref name=":0" /> In addition, this court may also sentence military personnel who express criticism of the government. As one may expect, all presiding judges are veterans of the military. There are two levels to the Military Branch, but neither are appellate courts; in fact, the Eritrean High Court (from the Civil Court) fulfils this task.<ref name=":0" /> Given the large presence and popularity of militarization in Eritrea, the Military Court embodies an “enormous - and unchecked - judicial importance in the country”.<ref name=":0">{{Cite book|title=The African Garrison State: Human Rights and Political Development in Eritrea|last=Tronvoll|first=Kjetil.|publisher=Boydell and Brewer Inc.|year=2014|isbn=978-1-84701-069-8|location=Rochester, New York|pages=47–55}}</ref> ==== Special Court ==== The Special Court, the third and final element to the Eritrean judicial system, operates on a three-judge bench system and works under three themes: general criminal cases, corruption, and illegal foreign exchange and smuggling.<ref name=":0" /> Judges in this branch are either senior military members or former members of the Eritrean People's Liberation Front, the leading group that fought for Eritrea's independence from Ethiopia.<ref name=":0" /> The Special Court is defined by its high level of autonomy and discretion; in fact, the Special Court operates in complete secrecy, so no published records of its procedures are available.<ref name=":0" /> Although the Office of the Attorney-General decides which cases are heard, judges are not bound by the Code of Criminal Procedure, Penal Code, or any precedence in law; rather, judges rely on their “conscience” to make most decisions.<ref name=":0" /> Furthermore, the court can re-open and adjudicate cases that have already been processed through federal courts, allowing for the occurrence of [[double jeopardy]]. Judges can also, without limit, intensify punishments that the government sees as insufficient.<ref name=":0" /> Moreover, during a trial, defendants are denied any form of representation and may even be asked to defend themselves in person.<ref name=":0" /> Except for rare instances when appeals are made to the Office of the President, there are no ways to challenge the rulings that result from the Special Court.<ref name=":0" />
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