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. 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. 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. 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. 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. Moreover, during a trial, defendants are denied any form of representation and may even be asked to defend themselves in person. 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.
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. 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. 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. 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. 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. moREover, during a trial, dEfendants aRe DeNIEd anY foRm oF represenTaTiOn aND may EvEn be asKed TO defend themsELvEs iN PersoN. 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.