At the Zoba Maekel Court, I saw a young girl
busily working with the files in front of her. She read a case and called the
concerned ones; I was impressed by the way she handled cases and the decisions
she gave. Then, I decided to interview her for Hidri magazine. Here is the
translation of the interview:
Could you introduce
yourself?
My name is Tsiyon Habteslassie. I was born in Asmara in 1980. I am the
11th child of the 13 siblings of whom nine are girls and four boys.
All of us successfully attended our academic lessons; one of my sisters
received a PHD, three have masters and three graduated with first degrees.
Except for my deceased father and my martyred brother, we are all in a good
state at the moment.
What was your
childhood ambition?
Because my elder sisters had performed well in
their studies, I was eager to follow their step. Our parents nurtured us
carefully so as to achieve good results and grow up disciplined. Since they
usually took us to the church on Sundays, I was eager to be polite when I grow
up. Generally, I was considering studying sociology.
How was your
educational performance then?
I attentively followed my teachers at the
classroom and I always stood among the top ten. After taking the matriculation
exam, I went to Sawa for the military training in 1999. Then I came back
because I scored passing marks to the University of Asmara.
What did you studied
at the university?
As I told you, my plan was to study sociology;
but since the department was not at the University of Asmara
at that time, I decided to study law believing that it is more or less related
with the society. When I told my parents that I wanted to study law, they gave
me full support. Since there was no one in the family who graduated in law, all
of us loved it and I graduated with BA in the year 2005.
What did you feel
during your graduation?
It was really difficult for me to graduate at
in law while still young. The field of law requires more responsibility,
patience and accountability. So, soon after my graduation I started to think
about the challenges ahead of me; hearing different and complicated cases;
punishing people; giving verdict, etc. Generally, I was so much worried because
I was going to judge and correct people.
However, after my graduation, I worked at the
Serejeca sub zone court for two years that gave me good work experience for my
career as a lawyer.
What did you feel when
you heard your first case?
It is obvious that before you acquire the
necessary work experience you feel panic. But, the more you develop work
experience the more you become confident. Being a beginner it is important to
receive advice from experienced colleagues. Since I established close contact
with those who had good knowledge and experience in the profession, I was able
to progress successfully. When you see the experienced lawyers hear cases and
give judgement, you receive considerable knowledge.
In most courts the
judges are old people and most of the time they are males. Being a young female
how do people react to your decision?
To your surprise, sometimes while I was sitting
to hear their cases, some people were heard to say that I wasn’t the
judge. Since people don’t see young female judges, and I am slight as
well, they would get confused when I give orders or start to hear cases. But
our people do have a culture of respecting the law.
What was the first
case you heard?
It was a quarrel between two women. Hearing
their case, I was thinking of giving my decision and most of the people in the
court were eagerly waiting to hear what I would say. When I advised them to
solve their case peacefully, I heard many of them murmuring in agreement. Then
the two women said that this little girl thinks better than we do, so why don’t
we settle our case peacefully. And they did.
So, seeing the first case I took being solved
successfully, I was encouraged.
I heard that you try
to solve most of your cases in a peaceful way. Is that true?
If people agree to solve their differences peacefully,
rather than going to court, it helps you establish a peaceful and harmonious
society. For example, a woman and her husband are the pillars of a family and a
family is the root of a society. So, by failing to bring these two together you
would leave a big scar in the family—family breakdown—which
seriously affects the children. Most of the time children who grow up in a
broken family would definitely be involved in anti-social activities such as
crime, theft, and the like. Then they would disturb the society; and at the
absence of forgiveness in a society, it is hard to establish a secure
environment. In a nut shell, unless the case is serious and that it needs legal
ruling, I try to persuade people to solve their cases in a peaceful manner.
I think if the law
didn’t encourage people to solve their cases peacefully, does it mean you
take personal decision?
Although the judge is not authorised to push
people to peacefully solve their cases, it is his right, identifying the social
problem and crisis it could cause, to ask them to agree to solve their cases.
We Eritreans, have a very rich and powerful traditional value of addressing
differences among the people. So, I think it is wise to use such values in
addressing legal issues. Law, apart from the social traditions and values,
couldn’t reach its goal. Even if it did it would leave a scar in the
society.
After all, law couldn’t stand apart from
the beliefs, traditions and culture of a society. It is because of this is that
the law is drafted considering the culture of societies. For example, religion
considers theft, abuse, lie… as sinful; culture condemns these acts and
law considers them as acts of crime.
Any of your cases that
you remember you solved peacefully?
There was a dispute among a family. The wife
and her children hit her husband. The man had minor injury. When I saw the case
I understood that the woman and her children would be imprisoned for six months
each for what they did. But, I didn’t want to see the husband separated
so that I tried to explain the consequence that would follow to the family if a
legal decision was taken. But since he didn’t accept my advice I made an
appointment with him for the next day. Then, he came with a new idea and told
me that he had accepted what I had told him. His decision saved the
family’s breakdown.
How many cases do you
hear in a day?
It depends. Some times we hear up to thirty
cases. This is really large number, but if you arrive on time and devote your
time to your work, you can accomplish it. If a judge does his work
appropriately not only can he hear and give decision to many cases, but also he
can accomplish a good job. So, it is a matter of devoting enough time to your
profession.
Being a girl, how do
you feel seeing or judging women’s cases?
It a legal issue we are talking about. So,
there is nothing different in being a man or woman before the law. There are
times, although you couldn’t help, being a judge, but you feel concerned
when you see women being deceived due to lack of knowledge on their rights.
What I could say is that women have to benefit from the rights and
opportunities provided to them by the law.
The best solution, I think, is introducing law
lessons in the schools of the country. Women could defend their rights only when
they are educated and acquire enough knowledge on the legal issues that
concerns them. Women have to understand that they are equal to men before the
law.
Most of the crimes are
committed by the young. So, what did you feel, being young, to punish the
youngsters?
The youth is exposed to different legal issues
and most of the criminal cases are committed by them. So, you don’t feel
good when you decide to arrest and punish the youth. Because he is going to
spend years that he should have spent in school or at work in the prison. It is
not a good thing, of course, to see them spend the critical years of their life
in prison.
Anything you may have
to say?
Since the law helps us to establish a healthy
and peaceful society, all the institutions in our country should work hard to
develop the knowledge of the law in our society.
Translated by A. Tesfay