Shuro-Net Statement on Somaliland Security Committees and the Supreme (Constitutional) Court case challenging their legality and the initial response

Office Telephone: 252 2 520013/ 252 2 427 310/252 2 409 125
E-mail: shuro4rights@gmail.com
Hargeisa, Somaliland

Date: 28/05/2007

STATEMENT
Somaliland Security Committees Infringe

Somaliland security committees
The umbrella group of the Somaliland human rights organisations (Shuro-Net) has been involved for a long time in activities aimed at tackling the Somaliland security committees which have infringed citizens’ rights and freedoms guaranteed under the Somaliland Constitution and under international human rights instruments. Shuro-Net, which encompasses all the Somaliland human rights organisations, is well informed about the unlawful detentions and human rights infringements carried out by the Somaliland security committees. These committees often rely on the 1962 Somalia Public Order Law, which was declared in 1999 by the Somaliland House of Representatives as being contrary to the Somaliland Constitution, Islamic Sharia and international human rights conventions.

These security committees which are staffed by government officials and which are not based on any law, whatsoever, have, during the last few years, sent hundreds of citizens to prison without out any recourse to the courts of law, and in direct contravention of the fundamental rights and freedoms enshrined in the Somaliland Constitution. The number of such prisoners is increasing day by day and many of them are suffering from ill health and from the bad conditions of the prisons.

Of the 472 total prisoners currently held at Mandhera Prison, which is situated 93 kilometers north east of the capital, Hargeisa, a total of 143 (30%) are there on the orders of the security committees which have sentenced some of them to jail terms and detained the others on indeterminate remand. As confirmed on visits undertaken by Somaliland human rights organisations to the prison, these security committees’ detainees include 12 who are suffering from tuberculosis and are seriously ill.

Similarly, the jails in Burao, Borama, Gabiley and other towns in Somaliland hold a large number of prisoners who are detained illegally on the orders of the security committees.

The Supreme Court challenge

On 12 May 2007, at around 11.00 am, Shuro-Net took a case to the Somaliland
Supreme Court (and Constitutional Court), on behalf of some of the security committees’ detainees, to challenge the legality of the security committees. Shuro-Net’s lawyer, Mr Ibrahim Idle Sulaiman took the case papers to the Supreme Court office, and was summoned by the Chairman of the Court, Mr Mohamed Hersi Omane, who, there and then, rejected, without any reason whatsoever, the submission of the case papers to the court office. Shortly afterwards, Shuro-Net started to hold a press conference outside the Court so as to explain the reasons why the case was brought. The press conference was then stopped by policemen who were summoned by the Chairman of the Supreme Court and who proceeded to threaten and manhandle the members of the press and the staff of Shuro-Net. Members of Shuro-Net were
threatened and some of them from the minority communities were specifically abused. The police also arrested and took to their station cell, on the orders of the Chairman of the Court, the Chairman of Shuro-Net, Ms Zamzam Abdi Aden, who committed no offence. Zamzam was later released, on the intervention of the Hargeisa police chief, Abdi Guun.

Another call about the security committees
Human rights organisations and the Diaspora organisation, the Somaliland Forum, have commented a lot about the unlawful detentions ordered by the security committees, but the Somaliland government has not heeded their numerous calls and recommendations. Shuro-Net is once again calling on the Somaliland government to take urgent on this matter. Shuro-Net is also calling for support in its legal challenge of the security committees at the Supreme Court, which will signify that we are a nation which values the rule of law and the constitution.

A reminder to the security committees
Shuro-Net wishes to remind the security committees that they are breaking the following constitutional provisions and laws:

1. Article 25(1) of the Constitution: No person shall be deprived of his liberty except in accordance with the law.

2. Article 26(3) of the Constitution: An accused person is innocent until proven guilty in a court.

3. Article 26(1) of the Constitution: Crimes and (their) punishment shall be laid down by the law, and no punishment shall be administered in a manner which is contrary to the law.

4. Article 27(2) of the Constitution: Any person who is deprived of his liberty because of alleged criminal offences shall have the right to be brought before a court within 48 hours of his arrest.

5. Article 27(6) of the Constitution: Any accused person who is convicted by a court shall have the right to appeal to a higher court.

6. Article 28(2) of the Constitution: Every person shall have the right to defend himself in a court.

7. Article 21(1) of the Constitution: The legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the provisions of this Part.

8. Article 27(9) of the Constitution: The punishment for the infringement of
Clauses 1 to 7 of this Article shall be determined by law.

9. Article 460 of the Penal Code: Whoever deprives another of personal liberty shall be punished with imprisonment from 6 months to 8 years .

10. Article 461 of the Penal Code: A public officer who, other than in the cases allowed by law, effects an arrest, or, being in charge of a prison, received therein any person without an order from competent authorities … shall be punished with imprisonment up to three years.

11. Article 99(1) of the Constitution: The Judiciary consists of the courts and the Procuracy.

12. Article 128(2) of the Constitution: The Constitution shall be the supreme law of the land, and any law which does not conform to it shall be null and void.

13. Article 9 of the Universal Declaration of Human Rights: No one shall be subjected to arbitrary arrest, detention or exile.

14. Article 10 of the Universal Declaration of Human Rights: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

15. Article 130(5) of the Constitution: All the laws which were current and which did not conflict with the Islamic Sharia, individual rights and fundamental freedoms shall remain in force in the country of the Republic of Somaliland until the promulgation of laws which are in accord with the Constitution of the Republic of Somaliland.

16. Article 40(2) of the Criminal Procedure Code: A warrant of arrest may only be issued by the competent judge … or by the President of the competent court.

Appeal to the President of Somaliland
Mr President, we respectfully request that you assist us in this task by heeding the calls of the citizens who have elected you and the wider concerns expressed by the Somaliland public about the security committees and bring about the abolition of these committees.

Mr President, you have sworn to uphold the laws and the constitution of the Republic and the activities of these security committees clearly contravene the constitution, as well as the international human rights conventions. History will remember the decision you take on this matter, which could affect your political future. We appeal for the immediate release of all the people who are detained by the security committees and if any them are accused of any recent specific offences, we ask that they be brought immediately to a court of law.

The Parliament
Whilst we are aware of the fact that the House of Representatives has spoken and has reached a far reaching resolution about this matter before, nothing has changed. We therefore ask that you give this issue your urgent consideration again and that you take steps to declare the security committees and the Public Order 1963 unlawful. The people have elected you, honourable members, to protect their rights and to ensure that the government acts according to the law. We, therefore, request that both Houses should act jointly in issuing a law which will end, once and for all, these security committees.

The national parties
The political parties have already played an important role in the efforts to abolish the security committees and have attempted to submit the matter to the Supreme Court, but we ask them again to re-double their efforts. We call on all the three political parties to issue clear resolutions about the security committees and to support their fellow citizens, many of whom who are their members and who are imprisoned unlawfully.

The Supreme Court
Shuro-Net believes that the Supreme (and constitutional) Court is the only forum which can change how laws are actually implemented and can thereby lead the nation towards justice and equity. We therefore respectfully ask the Supreme Court to reach a memorable ruling about these security committees which have usurped the powers of the judiciary. As enshrined in the Somaliland Constitution, we have a right to pursue a constitutional claim at the Supreme Court. We have high hopes, therefore, that the Supreme Court shall re-consider its initial refusal to allow us to file a claim against the security committees and that it shall issue a historic ruling, which will be long remembered in the annals of the Somaliland judicial history.

Final comments
We impress on the Somaliland nation that we value the peace and security of our country and its progress and that this comes about as a result of the implementation of the laws and constitution of the land. We are against anyone who wishes to harm our people by contravening their rights in the name of the government. We implore the Somaliland government to respect the fundamental freedoms, guarantee the observance of the constitution and strengthen the young democracy that has grown in the Republic of Somaliland.

Samsam Abdi Adan
Gudoomiyaha Shuro-Net

Mubarik Ibrahim Aar
Agaasimaha Shuro-Net

Source: Somaliland Law
http://www.somalilandlaw.com/ShuroNet_Bayaan_English__280507.pdf

Why Somaliland Forum is calling for the immediate end of the extra-judicial activities of the Somaliland regional security committees

SOMALILAND FORUM

Date: 06 June 2004

SUMMARY: WHY THE SOMALILAND FORUM IS CALLING FOR THE IMMEDIATE END OF THE EXTRA-JUDICIAL ACTIVITIES OF THE SOMALILAND REGIONAL SECURITY COMMITTEES

(See also Somali version)

Introduction

1. The continuing use of Security Committees exercising extra- judicial powers in all the regions of Somaliland, and in particular the main towns, has been a matter of considerable concern to both the Somaliland civil and human rights organisations, political parties, and, of course, to the many individuals whose freedoms were curtailed by the decisions of these Committees. As an independent non party-political organisation, the Forum is justly proud of its record of reaching conclusions about controversial issues on the basis of sober and balanced analysis, and of supporting, without fear or favour, the advancement of democracy and the entrenchment of the rule of law and respect for human rights in Somaliland.

2. Our conclusions will surprise no one. In deed, we have been criticised for being far too quiet about this issue so far. We, like all the other Somaliland civil and human rights organisations believe that the extra-judicial functions of these Security Committee are contrary to our current Constitution and to the norms of human rights law, to which Somaliland is legally bound to abide by. We set out here the legal case for our position, but above all, we also underline the moral and political case for the immediate cessation of the extra-judicial work of these Committees. A people who have suffered the ravages of both extra-judicial and judicially sanctioned torture, imprisonment, and death during the dark days of Barre dictatorship deserves nothing less than justice meted out by properly constituted independent courts of law. We make a number of urgent recommendations, and, if necessary, we are determined to embark on a public campaign to rid us of these Committees. For the sake of the freedom of our citizens and the reputation of Somaliland, let us act quickly and get rid of these Committees – NOW.

The 1963 Law and the 1961 Somalian Constitution

3. We understand that the existence of these Security Committees goes back to the the Public Order Law (Law No: 21 of 26 August 1963). This law established the powers of the police and other authorities in the protection of the public and security. The law set out that in emergency situations where the public order and security was at stake, Security Committees, can, in these circumstances, take temporary measures, subject, of course, to the provisions of the 1961 Somali Republic Constitution. Article 17 of the 1961 Constitution guaranteed personal liberty, but allowed, in limited emergency situations, for a “competent administrative authority” to adopt provisional measures which must be communicated without delay to the relevant judicial authority which may confirm the measures, and if not, the measures became null and void. Thus whatever urgent security measures were taken by the administrative bodies had to be reported immediately to the court of law, which decided whether or not they should be confirmed.

The Barre Security Committees

4. During the Siyad Barre dictatorship (1969 –1991), the 1961 Constitution was immediately abrogated. The huge security machinery built by the regime under its draconian security legislation, which included the National Security Court (Maxkammadda Badbaadadda) and the Mobile Military Court (Maxkamadda Wareegta) was also buttressed by the Regional Security Committees (Gudida Nabadgelyada). With the strict constitutional judicial oversight of the pre-1969 security committees gone, the Barre Security Committees often consisted of the Regional Governor, the military commander, the director of the National Security Service (NSS), a military officer, the police commander, the head of the Socialist Party , the Commander of the Victory Pioneers (Guulwadayaasha), and the commander of the custodial corps. The Committees ended up with draconian powers of arrest and sentencing including long-term prison and death. They also operated at district level and at the national level .

5. These Security Committees were particularly active in the territory of Somaliland during the Barre dictatorship and it is only natural that Somalilanders have an understandable visceral loathing of these Committees and other security apparatus. After the long war and the successful reassertion of the Somaliland sovereignty and democracy, no one can countenance the continued existence of even a shadow of the committees or special tribunals with extrajudicial powers, which existed before 1991.

The Somaliland Security Committees

6. We are not suggesting that the Regional Security Committees in Somaliland have acted like the ones during the Siyad Barre dictatorship. It is, however, widely known, and accepted by the Government, that these Committees still exist, at least in every region, and have sentenced people, often in groups, to prison terms. It has also been reported that when Security Committees decide to act, often in situations involving demonstrations, they order the immediate arrest and detention of individuals and then sentence them to prison terms within the same day, without reference to courts of law. There are no appeals against such sentences and the only way such persons can be released is by presidential pardon. It is particularly abhorrent that these sentences were often aimed at young people or others, who, for whatever reason, thought they were exercising their constitutional rights of freedom of expression and freedom of assembly. The latest reported incident was the imprisonment for 6 months of 150 youths by the Hargeisa Security Committee on 18 May 2004 following disturbances and demonstrations. Indeed, even before this incident, we were appalled to learn that of 392 sentenced prisoners at Hargeisa Central Jail, 246 only were sentenced by a court of law and the remaining 146 (37%) have been sentenced by the Security Committees.

The Somaliland Constitution

7. The Somaliland Constitution is based on the principle of separation of powers as between the legislative, the executive and the judiciary (see the preamble). The independence of the judiciary is based on the idea that the state organs are attributed with specific and exclusive competences. This entails that non-juridical bodies do not exercise power in the area of adjudication, and particularly, in criminal matters where the liberties of individuals are at stake. Article 21 of the Constitution re-emphasises that all the branches of the state (the legislative, executive, as well the judiciary) and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the provisions of the Constitution (Part III) which set out the fundamental rights and freedoms of individuals.

8. The extra-judicial work of the Security Committees affects some these constitutional rights, such as Article 25, which guarantees that no one person shall be deprived of his liberty except in accordance with the law, nor arrested, searched, or detained, except in the case of flagranto delicto, or on the issue of a reasoned arrest warrant by a competent judge. Examples of other relevant constitutional rights are Article 26(3) – everyone is innocent, until proven guilty; Article 28(2) - every one has the right to defend himself in a court; and Article 27 giving rights to detailed persons who should be brought to a court of law within 48 hours of their arrest.

9. Although Article 25(4) of the Constitution states that laws protecting the national interest, the security of the country or the rights of other individuals may sometimes, override individual rights, the extent of this derogation is limited by international law. For example, Article 4 of the International Covenant on Civil and Political Rights makes any derogation from the rights conditional upon the existence of a “public emergency which threatens the life of the nation and the existence of which is officially proclaimed”, and that states may only take measures “to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their obligations under international law ”. No such circumstances have existed in Somaliland, for a while, and in any case, there is a clear constitutional framework for declarations of emergencies, which are set out in Article 92 of the Constitution. It is no accident that the Somaliland Constitution contains such strict control of presidential law-making through emergency powers. Somalilanders have learnt the lessons of a dictator ruling by decree and have opted for this clear oversight and control of any powers the President may wish to assume even in times of dire emergency. No such emergency legislation relating to Security Committees has ever been promulgated by the Somaliland government and has been reviewed and endorsed by the Houses of parliament in line with Article 92. Instead, as discussed below, successive governments have simply dusted down the pre-1991 security legislation which increased the powers of the Security Committees way beyond what was acceptable under 1961 Somali Republic Constitution and continues to apply them

International Norms

10. The Somaliland Constitution is very clear in linking the rights and freedoms guaranteed under it to international norms and standards. The extra- judicial powers of the Security Committees is contrary to a considerable number of international conventions and norms, which we have listed in the appendix. In particular, everyone has the right to a fair trial, and - according to the international human rights mechanisms - this right can be violated in a variety of ways, including criminal charges against individuals being heard before administrative bodies which are not independent and impartial courts.

The Status of Pre-1991 Laws

11. Like most Constitutions, the Somaliland Constitution declares that it is “the supreme law of the land, and any law which does not conform to it shall be null and void.” (Article 128(2)). To avoid a legal vacuum, Article 130(5) of the Constitution allows the continuation of pre-1991 Somalian laws which do not conflict with the Islamic Sharia, individual rights and fundamental freedoms, until they are replaced. We are convinced that that the extra-judicial powers of the Security Committees as set out initially by the public Order Law 1963 and the later decrees of Siyad Barre, run counter to the fundamental rights of freedoms of individuals who are arrested and sentenced arbitrarily by a committee and not of court of law and are given no proper mechanisms for defending themselves, nor a right of appeal. Therefore, the provisions on which these Committees purport to operate under are unconstitutional, and hence, according to Article 128(2), null and void.

The 1999 House Resolution on Security Committees

12. The House of Representatives has already expressed its views about the Security Committees when, by a resolution dated 1 August 1999 (ref: GW/KF-81/99) it rejected the law under which the security Committees operated. Despite this unambiguous decision, the government continues to allow the Security Committees to function. In a recent highly unusual intervention, the Speaker of the House of Representatives asserted that as the 2001 articles of impeachment of the late President Egal (which included an allegation relating to the unconstitutional way in which the Security Committees still operated despite the House’s 1999 resolution) were rejected narrowly by the House, this, some how meant that that the operation of the Security Committees was legal and was unaffected by the 1999 resolution of the House to reject the Public Order Law 1963 (as amended). This, with respect, is plainly wrong. The defeat in the House of the articles of impeachment had no effect, what so ever, on the 1999 specific House resolution relating to the Security Committees.

Conclusion

13. All in all, the fact remains that the use of the Public Order Law 1963 (as amended) in so far as it related to Security Committees was rejected by the House of Representatives. That rejection was in our view correct, as the operation of this law was contrary to the Constitution. The operation of Somaliland Security Committees has more to do with Barre decrees, rather than the original 1963 law which was circumscribed by the 1961 Constitution. Rather than argue now about whether the 1963 Law (as amended) is still valid or not ( a debate which can only end if the Supreme Court pronounces on this issue), we say that almost every one in Somaliland, other than the Speaker and the Government, is adamant this law is unconstitutional and against the fundamental rights and freedoms of individuals, and international conventions and norms. It takes us back to the dark days of the dictatorship when it was perfected. There is no place (and never has been) for such a law in the modern, democratic Somaliland

Recommendations

12. We, therefore, make the following recommendations:

To the President & the Government

1. We ask the President to issue a decree abolishing the power of the Somaliland Security Committees to order arrests of individuals and their imprisonment or sentencing and making it clear that any person accused of a crime shall be dealt with under due process of law by the police, the prosecution service and the courts of law only.

2. Every person who is currently serving a term of imprisonment imposed by a Security Committee or has been in detention of over 48 hours ordered by the Security Committee must be freed immediately. Every person who has been detained by a Security Committee for less than 48 hours and is still in detention must be brought to a court of law in accordance with the Criminal Procedure Code.

3. All the members of these Security Committees are public officials and must be reminded of their responsibilities to safeguard positively the fundamental rights and freedoms of individuals and to be aware that under Article 27(9) of the Constitution and Articles 460 and 461 of the Penal Code, depriving an individual of his/her liberty unlawfully is a punishable offence.

4. We recommend that a new, modern public order law, which balances the rights and freedoms of individuals and those of the society and is in line with international law and practice be drafted and submitted to the Houses. In the mean time, the Penal Code is perfectly adequate to deal with all crimes, including those relating to public order.

5. We have no objection to the necessary administrative and co-ordination work that regional public officials undertake on all aspects including security and law and order, but we emphasise that arresting and detaining individuals for crimes is the sole prerogative of the police, the prosecution service and the courts. No other public official, including ministers, should have the power to order the arrest or detention of anyone.

6. We need to foster among our public official a culture of serving the public and utmost respect for human rights. We recommend that it is time the Government and Parliament set up a statutory independent Somaliland Human Rights Commission that can be appointed by Parliament and reports annually to the Parliament, and whose function shall be to foster human rights and to assist in some of the cases where there are clear human rights abuses. Many African countries have such Commissions, and an example nearby is that of Uganda. Funding for such a Commission can be obtained fairly quickly, from many sources.

The Parliament

7. The work of these Security Committees has not only trampled on the rights of individuals, but has also affected our country’s just claim to be a democratic state which respects human rights. If the Government is unwilling, for whatever reason, to declare by decree the end of the extra-judicial powers of these security Committees within two months (i.e by the end of August 2004), we request that both Houses pass a short bill making these Security Committees unlawful.

8. We urge Parliament to support the setting up and the work of a statutory Somaliland Human Rights Commission.

The New President of Supreme Court

9. We would like to see a judiciary that defends the fundamental rights and freedoms of individuals, and is robust in its examination of lawfulness of detentions and arrests. The grant of the writ of habeus corpus under Article 66 of the criminal Procedure Code is one of the main bulwarks against arbitrary detention.

10. Until there is an overhaul of all the old Somalian legislation in use in our country, the Supreme Court must be more forthcoming in pronouncing on these laws which it considers to be null and void under Article 128 (2) of the Somaliland Constitution. Judges in the lower courts and lawyers ought to be able to know, with clarity, which of the old laws are not valid, any more.

The Somaliland public and NGOs

11. We are proud of your efforts to build a peaceful and prosperous Somaliland. Central to this, is respect for each other’s rights and justice. We should all jealously safeguard law and order, but we should also guard peacefully everyone’s fundamental rights and freedoms. Many Somalilanders paid the ultimate price for getting us back these freedoms. It is the responsibility of every person to learn about the rights AND duties of citizenship.

SOMALILAND FORUM

6 June 2004

APPENDIX: LIST OF SOME OF THE RELEVANT INTERNATIONAL COVENTIONS & NORMS

1. African [Banjul] Charter on Human and Peoples' Rights adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986: Specially Articles 6 and 7(1).

2. Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948: Articles 10 and 11(1).

3. International Covenant on Civil and Political Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966: entry into force 23 March 1976: Specially Article 9.

4. African Charter on the Rights and Welfare of the Child: Article 17.

5. Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: Article 9.

6. Basic Principles on the Independence of the Judiciary

7. Rule 15, United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”)

8. Basic Principles on the Independence of the Judiciary

9. Other Regional Human Rights Conventions, such as the European CHR

http://www.somalilandlaw.com/Somaliland_Security_Committees/SUMMARY_SF_Position_On_Security_Committees__English_2004.htm

Somaliland National Security Committee Violate The Freedom And Human Rights Of Individual Citizens

26 May 2007 - The Somaliland Network of Human Rights Organizations was for a long time busy on how to deal with the National Security Committee that violates the rights and freedom guaranteed by the Constitution and the Universal declaration of Human Rights.

The National Human Rights Network (Shuro-Net) that unites all the Human Rights Organizations in Somaliland is aware of the unlawful arrests and violations of human rights committed by the Security Committees applying the general Public Order Law of 1963, which the Parliament annulled in 1999 as it violates the Constitution, the Islamic Sharia as well as the Universal Human Rights.

The regional Security Committees consisting of members of the Executive have no legal base what so ever, but during the last three years they sent many citizens to prison without bringing them before a court of law or giving them the basic rights allowed by the Constitution. The number of arrests is increasing every day and many citizens are complaining of bad health and appalling prison conditions.

The Mandera prison about 93 km north-west of the Capital, Hargeisa on the Hargeisa/Berbera road has 472 prisoners. Of these 143 are for the security committee. Some of these people, including both sentenced and on remand prisoners, have been kept over two years without appearing before a court of justice. Among these are 10 seriously ill prisoners suffering of TB as confirmed by routine checks by members of the Network. Likewise, many people are detained illegally for the security committees in prisons at Burao, Borama, Gabiley and other towns.

On 12/5/07 around 11 A.M the Network’s Legal Adviser, Mr. Ibrahim Idle Sulaiman presented to the President of the Somaliland Supreme Court, Dr. Mohamed Hersi Omane a constitutional case against the legality of the security committee. The President of the Supreme Court refused to accept the case without any particular reason.

Soon after, the Network started a press conference to explain the rejection of the case and the reasons for filing it. But in a short time the President of the SC called the police that on the spot started to beat and threaten the journalists and the network staff. The president of the SC also ordered the detention of the network’s Chairperson, Mrs Zamzam Abdi Aden who committed no crime but placed under police custody. Also members of the minority groups that part of the Network were threatened and insulted. Zamzam was released after an hour and a half by the Commander of the Hargeisa Central Police Station, Mr. Aden Guun who intervened in the situation.

For a long time, the Security Committee has been under scrutiny by the human rights organizations and the Somaliland Forum, which is joint organization of the Somaliland Diaspora that made many statements on the mistakes and detentions without trial of the security committees. But the Somaliland Government has not given any notice of this. We, therefore, again request the Somaliland Government to do some thing of this problem and to support the human rights groups that work to file a case in the Supreme Court against the legitimacy of the security committee, which is intended to make us a society that settles disputes through the constitution and the rule of law.

The network of the human rights organizations (Shuro-net) reminds the Security Committee that it violates the following laws:

• Article 25(1) of the constitution: No person shall be deprived of his liberty except in accordance with the law(2) No person may be arrested, searched, or detained, except when caught in flagrante delicto or on the issue of a reasoned arrest warrant by a competent judge
• Article 26(3) of the constitution .An accused person is innocent until proven guilty in a court.
• Article 26(1) of the constitution .Crimes and (their) punishment shall be laid down by the law, and no punishment shall be administered in a manner which is contrary to the law.
• Article 27(2) of constitution .Any person who is deprived of his liberty because of alleged criminal offences shall have the right to be brought before a court within 48 (forty eight) hours of his arrest.
• Article 27(6) of the constitution .Any accused person who is convicted by a court shall have the right to appeal to a higher court.
• Article 28(2) of the constitution .Every person shall have the right to defend him in a court.
• Article 21 of the constitution .The legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound to safeguard the fundamental rights of the citizens.
• Article 27 (9) of the constitution. The punishment for the infringement of Clauses 1 to 7 of this Article shall be determined by law
• Article 99 (1) of the constitution. The Judiciary consists of the courts and the Procuracy.
• Article 130(5) of the constitution. All the laws which were current and which did not conflict with the Islamic Sharia, individual rights and fundamental freedoms shall remain in force in the country of the Republic of Somaliland until the promulgation of laws which are in accord with the Constitution of the Republic of Somaliland
• Article 155(1) of the constitution. That the provision which do not conform to the Constitution and Islamic Sharia are null and void.
• Article 9 of universal declaration of human rights .No one shall be subjected to arbitrary arrest, detention or exile.
• Article 10 of universal declaration of human rights Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him
• Article 460 of penal code. Whoever deprives another of personal liberty shall be punished with imprisonment from six months to eight years.
• Article 461 of penal code. A public officer who, other then in the cases allowed by law effects an arrest or being in charge of a prison, receives therein any person without an order from the competent authorities or unduly delays the execution of the punishment or security measures shall be punished with imprisonment up to three years.
• Article 40 of criminal procedure. Only the judge who is in charge of the court and the chairman of the court can issue an order of arrest and warrant.

The President of the Republic of Somaliland, H.E. Dahir Rayale Kahin

Your Excellency, we respectfully request that you participate with us in this task and support the voice of the citizens that chose you in a free and fair election on the abandonment of the security committee which the general public of Somaliland have very much complained about.

Your Excellency, you have taken the oath of office for your people that you will respect the law and the constitution, but the security committee is directly against the constitution and the universal human rights. History will record your position on this matter and it also will affect your political future. We request you release all those held for the regional security committees and if they committed any crime to be brought before the courts of law.

The Parliament

We know the House of Representatives has discussed this matter earlier and issued far reaching resolutions, but nothing has changed. Therefore, we request you, honourable members, to make another serious effort to forbid the security committee and the general Public Order Law of 1963.

Honourable members, the citizens elected you to protect their rights and to check the Government is guarding the law, therefore, we request the two Houses of Parliament to jointly consider this matter and pass a law that make the security committee null and void.

National Political Parties

It is true the political parties have in the past played an important role in the campaign to abolish the security committee and bring it before the Supreme Court, we, therefore, request them to make more effort on the matter; we request the three political parties to make strong resolutions on the security committee and support the citizens that elected them, many of whom languish in prison without due process of law.

The Supreme Court

The network (Shuro-net) believes the Supreme Court is the only organ that can change the application of the law and insure that the citizens get justice and are equal before the law, we, therefore, request the Supreme Court to take the unique step and stand by the efforts against the security committee which usurps the work of the courts. We have the right to open a constitutional case at the Supreme Court which is guaranteed by the Somaliland constitution. We hope the Supreme Court will reconsider its decision and accept to open our case against the security committee, which will be a historic landmark of the application of justice in Somaliland.

Finally, we like to inform the public in Somaliland that we care very much about the peace and development of the country and that depends on safeguarding the constitution and the laws. We like to tell the people that we are against any body that wants to make trouble for the citizens and violate their rights in the name of the Government. We encourage the Somaliland Government to respect the basic rights allowed by the constitution and to protect the budding democracy in Somaliland.

Zamzam Abdi Aden, Chairperson Shuro-Net

Mubarik Ibrahim Aar, Director Shuro-Net

Source: Shuro-Net

http://www.somalilandtimes.net/sl/2007/279/05.shtml

Somaliland Law: campaign for the abolition of the extra-judicial activities of Somaliland Security Committee

Somaliland Law (Somalilandlaw.com)

CAMPAIGN FOR THE ABOLITION OF THE EXTRA-JUDICIAL ACTIVITIES OF SOMALILAND SECURITY COMMITTEE

(OLALAHA TIRTIRRIDDA AWOODAHA GARSOORKA AY MAROORSADEYN GUDDIYADA NABADGELYADDA)

Many Somaliland civil organisations, both at home and abroad have been campaigning for a long time to convince the Somaliland Government to end the extra-judicial powers exercised by administrative regional and district security committees staffed by public employees, which often send citizens to prison without due process of law. The Diaspora based Somaliland Forum and many other Somaliland civil groups, as well as the Somaliland opposition poilitical parties have, over the years, called for the abolition of these committees or at least the ending of their extra-judicial activities. Somaliland has fully functioning courts of law and the extra-judicial powers of these committees go back to the dictatorship era of the 1980s and 1990s and have no place in the constitutional democracy of Somaliland.

The illegality of the actions of these committees has been explained in the numerous submissions and press releases recorded in this page. Many recommendations have been made to the Somaliland President, who has the power to stop these practices immediately, and to the parliament and the courts. The Somaliland House of Representatives passed resolutions and a bill (the Organisation of the Judiciary Bill) which declare the actions of these committees unconstitutional and unlawful, yet as recently as April 2007, 24 butchers demonstarting against the decisions of the Hargeisa Mayor relating to abbattoir fees were sent to prison by the Hargeysa Regional Security Committee without any trial or legal representation. The fact that the Mayor was himself a member of the Security Committee speaks volumes about how objectionable the actions of these committees are to all tenets of natural justice. It has been reported that, at any time, hundreds of persons who are in detention at the Somaliland prisons and police stations are there on the orders of or sentences passed by the members of these Security Committees and have never been taken to a court of law.

It appears also that these Committees often go into action when citizens may be exercising their constitutional rights of freedom of assembly. There are ample provision in the Penal Code for dealing with public order offences and the point is that anyone who contravenes the law should be arrested according to the law and dealt with by a court of law. No one is criticising the important work that public officials undertake in safeguarding peace and security and any committees formed to strengthen this role are very much needed and have the support of the Somaliland people, but there is no need for any administrative committees sending citizens to jail when there are courts of law that can deal with any crimes.

Besides depriving citizens of their liberties without due process of law, the continuing activities of these Committees have coloured the people’s views about the Somaliland justice system and have damaged the standing of Somaliland. The message of this campaign is simple: These practices must stop, right now.

Every member of these Security Committees who participates in a decision to send an individual to prison without due process of law is being reminded of his individual responsibility. Public officials who continue to contravene the provisions of the Constitution and the criminal laws of the land with impunity are reminded that the time will come when they will be held to account for the offences they have committed agianst their own citizens. Somaliland is entering an election year and all candidates and political parties will be asked by the public on where they stand on this issue.

For the full website please follow the link below:

Campaign to abolish the extra-judicial activities of Somaliland Security Committees

Url: http://www.somalilandlaw.com/Somaliland_Security_Committees/body_somaliland_security_committees.html

Abolishing the illegal security committee of Somaliland

This Blog has been created to support Somaliland's Justice System. This blog will be used to publish as many documents as we can get hold of time permitting related to the campaign to abolish the illegal and unconstitutional security committee of Somaliland which is unlawfully imprisoning people without fair trial and due to process of law.

God Bless Somaliland