Article 64

A sentence of capital punishment may not be imposed:

unless specifically authorized by the law defining the offence and in the absence of any mitigating circumstances; or

on a person who was under 18 years old at the time of the commission of the offence.

No sentence of death may be carried out without confirmation of the conviction and sentence by the Supreme Court and without the express confirmation of the Head of State of Eritrea. The Head of State of Eritrea shall have the power to commute any sentence of capital punishment in accord with the procedures contained in Articles 104-105 of this Code.

A sentence of capital punishment may not be carried out:

on a woman who is pregnant or who has a child under three years of age and her sentence shall be commuted to imprisonment for life;

on a person who is seriously ill, mentally or physically; or

on a person who has not exhausted automatic appeals.

In cases where the sentence of capital punishment is carried out:

it shall be carried out in accordance with the conditions laid down in the order of confirmation of the Supreme Court;

the sentence shall in all cases be executed by lethal injection, provided that in the case of members of the armed forces the sentence may be ordered to be carried out by shooting;

unless the Supreme Court expressly orders otherwise, the sentence shall be carried out within the compound of the prison;

the defendant shall not be made to suffer any unnecessary cruelties or inhumane treatment attendant to the execution or while awaiting execution; and

the body of the executed defendant shall be handed over to the defendant’s family, or, where there are no relatives to receive the body, a decent burial shall be provided.