We can not understand how a judge with his right mind could possibly rule to remand a week and deny bail on 28/07/2007, and after the seven day remand is over on 04/08/2007 extend the remand to another week without any good cause; and the government did not bring the detainees before the court in order to receive the extension of remand.
The arrested are an outstanding and exemplary citizens and their arrest is illegal and unjustified as the government allegedly charges against these prominent politicians for preparing to form a political association which may lead into a political party. According to Qaran, the constitution allows them to organize and form a political association that may lead into a political party, but according to the government the constitution does not allow anyone to form or prepare a new political association that will lead into a political party. The government knows the fact that these citizens do not pose danger to the society, and were exercising their political rights in a peaceful manner and that they are not also at risk to flee. These untried prisoners are also being placed in jail with other prisoners who have been convicted of crimes and this is against United Nations declaration of Human Rights ‘85. (1) Untried prisoners shall be kept separate from convicted prisoners’.
Even though the government knows the facts and that the arrested are not a risk to flee the government still puts them in remand and denies bail to these prominent and respected politicians, who are Doctors, Businessmen and Politicians who contribute and contributed to the peace, security and stability of Somaliland and also run a Private Hospital to help people with Neurological problems as Dr. Mohamed Abdi Gabose is the only neurology specialist in Somaliland who also owns properties in the state, and this denial of justice is a blow to the justice of Somaliland and shows that the judiciary is not independent from the executive powers of the president. The arrested have a legal right to bail, defense, family visits, and medical visits which is protected under the Charter of UN Human Rights and Freedoms, and the Somaliland constitution.
An accused is presumed innocent until proven guilty in a court of law. And that presumption of innocence should, in principle, include freedom. The government denied for the defense team, the family and doctor’s to meet the Qaran leaders on 04/08/2007. The government interference to the judiciary is a ground to charge the government for contravention of the constitution and not abiding by the UN declaration of human rights. This interference is a blow to maintaining confidence in the administration of justice as the government is acting politically to charge its citizens. We also have received numerous reports that the government is trying to suppress the judicial system and imprison all political opponents.
Earlier on 03/08/2007, we received reports stating that the government verbally dismissed the Mandhera Prison Commanding Officers Mr. Muse Abokor Qoorsheel and his deputy Mr. Abdi Hassan Bakeyr from their posts, but after a lot of complaints from the local clan elders and citizens the government revised their verbal dismissal and threatened the Mandhera Prison Commanding Officer and his deputy that they should be Harsh and tough to the prisoners in their custody and these two Officers are also advised that they should not let any visitors to the Qaran Political Association Leaders without the prior permission of the Courts and Prior permission from the Minister of Interior himself.
The government also arrested two elders for organizing a meeting to discuss the arrest of the Qaran Leaders and their charge was organizing a meeting for an authorized political association interest.
All these facts show that the Somaliland government is violating the Somaliland constitution, United Declaration of Human Rights and the rights of prisoners specially the rights of the untried prisoners. The government charges against the Qaran Leaders are unjustified, unfair and politically motivated. It is time for the International community to send a clear message to the Somaliland government and advise the seriousness of their violation of their own constitution and international law, specially, the human rights law to the citizens and untried or tried prisoners. The international community should send a clear message and ask the government of Mr. Dahir Rayale to release the Qaran Political Association Leaders and other political prisoners without condition and let Qaran Political Association exercise its God given rights to choose and express its political opinion peacefully and according to the constitution.
Malik Jeylani
Source: Somaliland Times
http://somalilandtimes.net/sl/2007/290/22.shtml
