Issue No. 401

 Justice delayed is justice denied

Today, 9 June, Somalia will celebrate the inauguration of its 10th president, His Excellency Hassan Sheikh Mohamud (HSM). It is a historic occasion, for several reasons. It marks the first time that any Somali president has been elected to a second time in office in a competitive, credible election (in 1986, Siyad Barre was re-elected with 99.9% of the vote in an uncontested election). HSM’s inauguration also closes the chapter on more than five years of incompetent, divisive, and authoritarian governance under his predecessor Mohamed Abdullahi Farmaajo. It offers a much-needed opportunity to re-build trust, restore cooperation, and repair Somalia’s social fabric. And his inauguration comes amid various crises bearing down on Somalia, the most p pressing of which is the humanitarian disaster occasioned by crushing drought and rising food prices.
 
But, as Somalia moves forward, it is also important to look back and try to understand how things went so wrong under Mohamed Abdullahi Farmaajo. Such an exercise is not just necessary to prevent a similar disaster from reoccurring, but also for the sake of justice – justice for the victims of the previous regime. For the thousands of mothers of whose sons were sent to Eritrea for military training and have not been heard from since. For the families of Ikran Tahlil and Amina Mohamed Abdi, brave women who were killed for trying to hold the regime accountable for its actions. For the people of Gedo region, who have been living under military occupation as they are stalked by drought and famine. And for the many others who remain in inhumane detention centres and safe houses around Mogadishu and other parts of the country, who should be given back their freedom. For these known and unknown victims, justice must be served. As the British politician William E. Gladstone famously said, “Justice delayed is justice denied.”

It is an unfortunate fact that HSM inherits a divided country, with its security sector in shambles, its enemies emboldened (earlier this morning, Al-Shabaab dies mortar rounds with the intend to disrupt the inauguration) and facing a devastating drought. HSM must move quickly in setting up his executive branch. Saving the lives of hundreds of thousands – possibly millions – of potential drought victims is an urgent matter. But HSM also needs to make justice and accountability one of his top priorities. 

One of the fundamental rights enshrined in Somalia’s provisional constitution is the inalienable right of human dignity and individual freedom from unfair detention without due process. Article 15(1) clearly states that “Every person has the right to personal liberty and security,” and in section (2) it says that “Every person has the right to personal security, and this includes: the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment.” 

Rendering justice is not just a constitutional duty, but also a religious obligation. In the Holy Quran, Surah An-Nisa (‘The Women’), verse 58, it says, “Allah commands you to render back your trusts to those to whom they are due; and that when you judge between people, you judge with justice.”

Farmaajo and his regime violated the fundamental rights of many Somalis. These victims must receive the justice they deserve. HSM must launch an independent investigation, with prosecutorial power. No perpetrator should enjoy immunity from prosecution. Justice and accountability must be served equally, irrespective of what title or office one might hold. 

On May 15, HSM made a conciliatory speech after his decisive electoral victory. Many partisans in Farmaajo’s Nabad iyo Nolol (N&N) party misinterpreted it as a blanket pardon for their abuses while in power. And while Article 90(p) of the provisional constitution grants the president the power to “pardon offenders and commute sentences on the recommendation of the Judicial Service Commission,” HSM shouldn’t deprive the victims of N&N’s depredations their right to confront their abusers in court. Healing begins after justice is served.

While Article 70 of the provisional constitution provides some immunity to the members of the House of the People (Lower House), it doesn’t stipulate if immunity is for crimes committed while serving in parliament or before joining the legislative body. Regardless, the House of the People should not be a place where criminals seek protection from prosecution. Newly elected MPs who were involved in criminal activities during Farmaajo’s reign should be stripped of their legislative immunity and brought to justice. The crimes some of these MPs are implicated in include the killing of peaceful protesters in Baidoa; the attack on Abdirahman Abdishakur Warsame’s residence, in which he was wounded and several of his bodyguards were killed; the murders of Ikran Tahlil and the alleged plot against Amina Mohamed; the illegal extradition of former Somali National Army (SNA) war veteran, Abdikarim Sheikh Muse ‘Qalbi-dhagax’ to Ethiopia; and the thousands of missing Somali soldiers in Eritrea.

At the same time, those who committed atrocities should be afforded the constitutional right – Article 35(1) – that many of their victims were denied: “The accused is presumed innocent until proven guilty in a final manner by a court of law.” The legal process must be fair, impartial, and transparent.

It is imperative that those individuals implicated in committing atrocities should face criminal charges and civil liabilities for the pain and the suffering of their victims. As long as they enjoy impunity, Somalia will not be at peace with itself.

The Somali Wire Team