Article 55

A police officer investigating an offence or an accused may appear before a Court with a witness for the purpose of recording a statement from that witness when:

it appears that the witness may be unavailable for the trial of the offence; and

the witness is able and willing to give evidence material to the offence.

If the witness, owing to bodily injury or impairment, is unable to appear before the Court, the provisions of the Evidence Code of Eritrea on visit by the Court to the situs of an evidentiary item shall apply.

If the evidence relates to or is expected to relate to an offence for which any person has already been charged or arrested, reasonable notice of the intention to take the statement shall be given to the prosecutor and the accused person or his counsel. If the accused person is in custody he may and shall, if he so requests, be brought to Court by the person in whose charge he is.

The prosecutor and the accused, either personally or through his counsel, shall have the right to examine the witness.

A copy of any statement made under this Article shall be provided to the prosecutor and the accused and shall be sent to the Court before which the case is to be tried and to the prosecutor.