Institution-building page. This page describes the constitutional role and proposed institutional framework of the Supreme Court. It does not represent an exercise of judicial authority.
The Supreme Court stands at the apex of Eritrea’s judiciary. Its central purpose is to uphold the Constitution and the rule of law by deciding cases independently, impartially and according to law. As the final court, it provides authoritative resolution of the matters placed within its jurisdiction, protects constitutional rights, reviews the legality of public action where the law permits, and promotes consistent interpretation of the law throughout the judicial system.
The authority of the Court depends on more than the power to decide cases. It also depends on the independence and integrity of its Justices, transparent and lawful appointment, secure tenure, fair procedure, reasoned decisions, reliable records, equal access to justice and institutional separation from political or administrative direction. The Court must be able to conduct its judicial work without interference while remaining accountable through open proceedings, published decisions, lawful financial administration and respect for the Constitution.
The Court’s jurisdiction and organization must be established by the Constitution and legislation. Court rules may regulate procedure, but they cannot create jurisdiction or enlarge judicial power. The draft Judiciary Establishment Act supplies the proposed legislative framework for the organization of the judiciary, while the Rules of the Supreme Court describe how proceedings are to be conducted. Both remain institution-building materials unless and until lawfully enacted or adopted by the competent institutions.
Case Access And Management (CAAM) is the Court’s principal functional structure on this website. It provides the operational route for case filing, access requests, notices, hearings, document review, case records and authorized court administration. This descriptive page does not duplicate those functions. Court users seeking to begin, defend, follow or administer a matter should proceed through CAAM.
The Judicial Service Commission supports the judiciary through the constitutional process for proposing Supreme Court Justices other than the Chief Justice and through its responsibilities concerning judicial service. Its institutional page explains the appointment framework, safeguards for judicial independence and the developing judicial-service structure.
Institutional update — July 2026
Constituting the Court
The immediate institutional task is to constitute the Supreme Court through the lawful appointment of its Justices. The Chief Justice follows the separate constitutional route of presidential selection, National Assembly approval and presidential appointment. Other Supreme Court Justices are appointed by the President upon the proposal of the Judicial Service Commission and the approval of the National Assembly. Each Justice must take the judicial oath before exercising judicial authority.
Until those processes have been completed, this project will not present any person as a constitutionally appointed Justice or imply that the Court is exercising state authority. Recruitment, proposal and appointment information should be published through the responsible institutions with clear qualifications, procedures, reasons and public records.
Illustrative Justice Profiles
Placeholder notice. These educational profiles illustrate the professional experience that future Supreme Court biographies could present. They do not represent constitutional appointments, candidacies, endorsements or preferences in any future selection process.
Sir James Shearer
Historical Chief Justice of the Supreme Court of Eritrea — served until 1959
Sir James Shearer served as Chief Justice of the Supreme Court of Eritrea during the 1950s, remaining in office until 1959. A British jurist who served shortly after the end of the British Military Administration, he brought extensive legal training and a degree of institutional independence from Eritrea’s executive authorities. During his tenure, Eritreans increasingly turned to the Supreme Court for protection against unlawful and unconstitutional government action. Under his leadership, the Court invalidated legislation it found unconstitutional, ordered the release of unlawfully detained citizens and affirmed the rights of citizens to assemble and demonstrate. These decisions established the judiciary as an important safeguard for constitutional government and individual liberty. His departure in 1959 marked a significant turning point, after which judicial independence weakened while executive power expanded with fewer effective restraints.
The displayed image is illustrative and is not an authenticated portrait of Sir James Shearer. Anyone possessing an authenticated photograph or portrait is invited to contact THE ABC Journey at theabcjourney@gmail.com.
Justice Sara Berhe
Educational placeholder profile — not an appointed Justice
Justice Sara Berhe earned her LL.B. in 1999 and later served for two years as a regional court judge, concluding that service in 2003. She subsequently pursued postgraduate studies in the United States, where she earned an LL.M. In 2006, she founded a nonprofit organization dedicated to strengthening judicial institutions across Africa. Through that organization, she worked in several West African countries and helped provide professional training to police officers and public prosecutors. Her achievements led to senior advisory assignments involving United Nations and European development agencies engaged in judicial reconstruction and reform. Justice Berhe has published widely on judicial independence in Africa and brings to the model Court substantial legal expertise, extensive international experience and valuable knowledge of judicial administration.
Justice Said Ali
Educational placeholder profile — not an appointed Justice
Justice Said Ali began his legal career as a court interpreter in 1983. After earning a diploma in law, he was appointed a state prosecutor at the wereda-court level in 1988 and served in that position until December 1992. He earned his LL.B. in June 1993 and was appointed as a regional court judge the following month, serving on that court until 2001, when he left Eritrea to pursue postgraduate studies in South Africa. He subsequently earned both an LL.M. and an LL.D. Following his doctoral studies, Justice Ali held senior research roles with the Special Court for Sierra Leone and the International Criminal Court, where he supported complex judicial research and analysis. His career spans court interpretation, prosecution, adjudication, academic research and international criminal justice, giving him experience ranging from Eritrea’s local courts to technologically advanced international tribunals.