Issue No. 401

Published 09 Jun 2022

Justice Delayed is Justice Denied

Published on 09 Jun 2022 23:05 min

 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

To continue reading, create a free account or log in.

Gain unlimited access to all our Editorials. Unlock Full Access to Our Expert Editorials — Trusted Insights, Unlimited Reading.

Create your Sahan account Login

Unlock lifetime access to all our Premium editorial content

You may also be interested in

Issue No. 959
Mogadishu on the Edge: The Danger Has Not Passed
The Somali Wire

Two days of heavy clashes (3–4 June) in the Somali capital, Mogadishu, between federal troops and opposition-aligned forces have underscored both the fragility of the city’s security environment and the volatility of electoral politics. Although relative calm has since returned to the two hardest-hit districts - Hawl Wadaag and Abdiaziz - and mediation efforts have intensified, tensions remain high, fuelling fears of renewed armed skirmishes. Credible reports of mass clan militia mobilisation on the edges of Mogadishu speak to a conflict that is widening. The militarisation of politics and elite fragmentation over the electoral process have shattered a core assumption: that Somali leaders will ultimately step back from the brink to negotiate a way forward. Consequently, the country is entering a perilous phase in which domestic factions alone cannot resolve the impasse, making neutral, external mediation a necessity.


10:12 min read 08 Jun
Issue No. 958
Deni and the Tough Road Back to Mogadishu
The Somali Wire

Puntland President Sa'id Abdullah Deni is unofficially in the race for the federal presidency of Somalia. By most accounts, the regional leader is running again and this explains his re-engagement with Mogadishu after a three-year hiatus. Driven by shifting electoral dynamics, Deni’s decision to re-engage with the centre forces him to confront a radically altered political landscape in Mogadishu. Under President Hassan Sheikh Mohamud (HSM), the federal government has rewritten the rules of Somali politics, altering the institutional framework and consolidating executive authority.


8:08 min read 03 Jun
Issue No. 128
The US Eritrea Pivot – Opportunities, Risks, Dilemma
The Horn Edition

A flurry of media reports in recent months suggest the US and Eritrea could be inching towards a potential deal to reset decades of frosty relations and a partial lifting of American sanctions imposed in 2021. The news of discreet talks between the two sides, mediated by Egypt, was initially reported by the influential Washington Post newspaper in April 2026 and have since been partially confirmed by official sources.


34:56 min read 29 May
Issue No. 957
How Somalia's South West Vote Went South
The Somali Wire

On 10 May, the Federal Government of Somalia (FGS) unilaterally conducted its contentious 'one-person-one-vote' (OPOV) electoral model in South West State (SWS), directly overriding opposition demands for a negotiated, consensus-based framework. Crucially, the very laws underpinning these OPOV elections are themselves deeply contested: the electoral framework was created following a rushed revision of Somalia’s constitution that many federal member states and opposition groups rejected. The vote, exclusively managed by the National Independent Electoral and Boundaries Commission (NIEBC), saw localised polling in 13 districts and across 126 poll centres and 276 stations. While 376,212 citizens were registered, actual turnout reached 132,430 voters - a participation rate of approximately 35.2% - with 128,276 valid ballots cast and 4,154 deemed spoilt/invalid. The electoral outcome, unsurprisingly, solidified a decisive mandate for Hassan Sheikh Mohamud’s Justice and Solidarity Party (JSP); the governing party secured an absolute majority of 51 out of 95 contested legislative seats, comfortably outpacing its closest rival, Sharif Hassan Sheikh Aden’s Ururka Horumarka, which claimed 14 seats.


17:12 min read 27 May
Issue No. 956
The Perils of a Grey Transition
The Somali Wire

The Federal Government of Somalia (FGS) has effectively entered a 'grey transition' - a deeply fraught and hotly-contested interregnum that could upend decades of state-building and foment greater instability. By utilising the March 2026 constitutional amendments to extend his presidential mandate until May 2027, Hassan Sheikh Mohamud (HSM) has effectively plunged the fragile Horn of Africa state into a profound period of severe internal strain and legitimacy crisis. This legalistic manoeuvre has roiled domestic politics and put Western partners of Somalia in a difficult spot. If Somalia's Western allies concede to HSM's fait accompli without extracting concessions from him on a negotiated settlement, they are likely to embolden Hassan Sheikh.


0 min read 20 May
Issue No. 955
Averting Disorder: The Case for External Mediation in Somalia
The Somali Wire

Somalia is entering one of the most dangerous political periods in its recent history. An unprecedented convergence of unresolved constitutional disputes, contested electoral arrangements, rising tensions between federal and regional actors, and the growing politicisation of state security institutions has pushed the country towards a potentially destabilising impasse.


0 min read 14 May
Issue No. 127
Total War in the Horn of Africa
The Horn Edition

'Give Peace a Chance' was the title of a 1969 single written by John Lennon, recorded during his famous honeymoon 'bed-in' with Yoko Ono. Capturing the counterculture sentiments of the time, it was adopted as an anthem of the anti-Vietnam War movement in the following decade. Thirty years later, a provocative inversion of the title-- 'Give War a Chance'-- was adopted in a well-known Foreign Affairs article by Edward Luttwak in 1999, in which he argued that humanitarian interventions or premature negotiations can freeze conflict, resulting in endless, recurring war. Luttwak contended that war has an internal logic, and if allowed to 'run its course', can bring about a more durable peace.


27:16 min read 30 Apr
Issue No. 954
The Malian Mirror
The Somali Wire

A foreign-backed president, a besieged capital city, and a jihadist movement affiliated with Al-Qaeda-- this time not Somalia, but Mali. Late last week, Jama'at Nusrat al-Islam wal-Muslimin (JNIM), the transnational Salafist-jihadist group in Mali, stormed across much of the country's north, as well as entering Bakamo and assassinating the defence minister. The coordinated offensive-- in conjunction with the Tuareg separatist movement, the Azawad Liberation Front (ALF)-- has left the military junta reeling, and forced the withdrawal of their Russian allies from a number of strategic towns.


10:18 min read 29 Apr
Issue No. 329
Washington eyes Asmara
The Ethiopian Cable

Last week, a bombshell Wall Street Journal article revealed that Washington was exploring a reset in relations with Eritrea, with US envoy for Africa Massad Boulos having met privately with senior regime officials in Egypt. Any normalisation of ties now appears to be on ice, with the reaction to Boulos's meetings — facilitated by Egypt — having been met with short shrift. But the episode speaks to broader issues about American foreign policy in the Horn and the accelerating reconfiguration of the Red Sea political order, which will not go away simply because this particular overture may have stalled.


0 min read 28 Apr
Scroll