Just Desert: Sentencing Policy Choice for Eritrea

Abstract

This paper is a very practical papl.~r to the researcher. Ilis desirc is to search for a better solution to the challenges, which his newly independent country faces with regard to restructuring it~ sitencing policies. In Eritrea in the last few years there is an effort to redraft the Penal S1de. One of the main reasons for the reform of the Code is that it was drafted half a century ago* and has failed to cope with contemporary developments. Furthermore the leniency of the penalties the Code prescribes have become intolerable. Courts are also under sharp attack for they exacerbate the leniency by misusing their discretionary power. The nation thus needs a code that prescribes penalties according to the notion of seriousness of the offence of cour~in light to its socio-political vision. Parallel to the effort of redrafting the Penal C0'6e the government passed a law which established a special court with the intention of serving a tentative remedy to some selective offences like corruption, embezzlement, theft, etc. However, with no guideline, giving broad discretion to impose harsh penalty by itself would be thc worst choice. R~drafting a penal code and restructuring the sentencing justice is not an easy • task. There is a need to evaluate your past and present experience. You need to have experts in such area of knowledge, which this country hardly has. That is why the drafting task is assigncd to American and Canadian experts. These people undoubtedly eminent and experts in their fields. however lack the socio, cultural and political knowledge ofthe country. Unless we do our homework in supplying them with necessary I information, briefing them and giving them constructive comments on the draft, there is a possibility that thc code might come as a bare act that does not reflect the needs and aspirations ofthe country,The paper attempts to share some ofthe homework that is primarily demanded and nccded. That is why the researcher attempted to dig ery possible policy option that he thinks is relevant ill solving tI!C currenl problcJ the country is Ihcing with regard to sentencing policy. To the extent possible the researcher tried to evaluate the existing Penal Code and comment on it in light of the contemporary progress in this area of knowledge. In general the researcher has made every effort to relate the existing theories in Iighl of our socio-cultural uniqlleness.