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
