Dr M. Gabose (L), Mr J. Aidid (C) and Mr M. Hashi (R), seen leaving the court room on Thursday, walking back to the prison under escort. (photo: courtersy of JAMHUURIYA Newspaper). |
Mandhera, Somaliland, August 18, 2007 (SL Times) – The leaders of Qaran Party, Dr M. Gabose, Mr M. Hashi and Mr J. Aidid who were arrested and jailed by the Somaliland government last month, appeared for the very first time on Thursday, in a specially arranged court in Mandhera police/custodial training school, Sahil region, 93 km northeast of Hargeysa.
The party leaders of Qaran, a non-registered political organization have been held in Mandhera high security prison since their arrest on 28 July 2007 for allegedly `engaging in unauthorized political activities' with the `intent to cause subversion'.
The court trial took place inside the grounds of Mandhera police /custodial academy which is a stone's throw from the high security prison where the party leaders are being held. The trial proceedings were administered under the Hargeysa Regional court’s jurisdiction which undertook special measures to change the location of the trial from the Hargeysa courthouse to the Mandhera district of Sahil region.
The families and friends of the defendants were turned away by police from attending the court trial, so they could not attend.
The umbrella human rights network group Shuranet and the local media were the only people permitted inside the makeshift court room. The majority of people were being turned away from the main Hargeysa and Berbera road by police.
The legal counsel representing the defendants boycotted the trial and argued that `it is not legal for a court of law to hold its proceedings inside a state government institution, and secondly, a regional court cannot hold its court cases in another region outside its region's jurisdiction'.
The court trial opened at 9: AM by Judge Saeed Yusuf Abdi. On opening the court trial, the judge accepted a request from 1st defendant, `Qaran' chairman Dr M. Gabose, to address the court, and he said: "Our legal counsel of representatives had communicated to your office a two point letter stating (1) whether the legality issue of Qaran as a political organisation is permissible or not, is a matter reserved for only the constitutional court of this country, and not within the capacities of a regional court to interpret and make a ruling on, (2) that according to the constitution, a regional court does not have the capacity to hold court proceedings outside its regional jurisdiction, let alone in the grounds of the security and defence forces.
Our legal counsel has been waiting for your response to this letter. For this reason, until we have our legal counsel present in this court proceeding, we are obliged not to cooperate in the trial."
Deputy chair of Qaran party, Mr M. Hashi also requested from the judge permission to speak, the judge accepted.
Mr Hashi said, "We are not party to this trial, nor will we cooperate with the court till we get our legal representation present in court". The same was also said by the 3rd defendant Mr J. Aidid who is the 2nd deputy chairman of Qaran.
The Hargeysa regional court’s prosecutor, Mr Yusuf A Kahin, made a formal request from the court that the legal counsel of the defendants should be held in contempt of court for not coming to court to represent their clients. Mr Kahin requested that the defence counsel should be fined 11 million Sl/sh ($1,800) and barred two years from taking part in legal court proceedings.
The regional court judge said that the court will give the defense counsel 30 minutes to appear in court, and that if they failed to do so, the court will issue a fine 5 million Sl/sh ($700) for contempt and a temperay ban of one year of their court representation licenses. The court then went into a 30 minute recess.
The court returned from its 30 minute recess and there being no sign of the defense counsel, the judge issued a decree against the absent defence counsel that the court has fined them 5 million Sl/sh. for contempt of court and year's ban from taking part in any legal court representations.
The judge said the proceedings will go ahead regardless of the defence counsel being absent, and read three counts of charges brought against the Qaran party leaders:
1. The defendants said that the president had lied regarding the construction of a $300 million cement plant and coal power station at Berbera; the defendants also declared the formation of a political organization which is against the law.
2. The defendants claimed that the Al-Jabri livestock venture was a fabrication and does not exist.
3. The defendants held illegal gatherings in Hargeysa and Gebile and did not take heed of the minister of Internal Affairs' letter which made it known to them that these activities are illegal, and that they should stop.
Among the prosecution’s witnesses who testified during the trial against the defendants were the head of Somaliland CID, Mr Ahmed Ali Shebel, the head of the Western Region's police division, Mr Adan M Guun, the head of Iftin police station in Hargeysa, Mr Muhammad Asye, and the Gebile town police chief, Mr Salah. All gave accounts of the public rallies held by the defendants in Odweyne, Hargeysa and Gebile.
After hearing the testimonies of the prosecution witnesses, the presiding trial judge, Mr Saeed Yusuf Abdi adjourned the court until next Sunday (18/08/07).
Source: Somaliland Timeshttp://www.somalilandtimes.net/sl/2007/291/1.shtml
