Criminal Procedure Code

oversee and direct police investigations, or personally carry out investigations, of criminal activity, when such is necessary;

ensure that the police investigate crimes and detain persons in accordance with the provisions of this Code and the Constitution;

initiate criminal prosecutions when such are warranted;

prosecute criminal cases in the Courts on behalf of the State and represent the State in appeals and all other matters relating to criminal cases in the Courts of Eritrea;

investigate the conditions and treatment of inmates in prisons, police stations and other places of detention; and

carry out such tasks as they may be required to undertake in civil matters.

The Attorney General and any public prosecutor have the authority to ensure, by entering at any time into prisons and other places where detainees are held, that detainees or prisoners are held in accordance with the law. Where the Attorney General or the public prosecutor find that detainees or prisoners are not held in accordance with the law, they shall:

cause criminal proceedings to be instituted against the person or persons responsible, if such violation amounts to an offence under the Penal Code;

order that disciplinary action be taken by the competent authority against the person or persons responsible, if the violation does not amount to an offence;

inform the Court in writing in order for the Court to order, if the Court finds it necessary, the immediate release of the detainees or prisoners; and/or

direct any inappropriateness towards proper procedure and take any other measure within his authority.