The presiding Judge of the accused Qaran political association leaders has set a hearing date and location for the first time since their arrest on 28th July, 2007. Released document from the office of the presiding judge in the Qaran leader’s case states that the detainees will be tried on a special court inside the Mandhera prison on Thursday 16th August, 2007. It is reported that the defence lawyers had already been served with this released document in order for them to prepare their case before the court. When asked the defence team if the special courts inside the Mandhera Prison to be tried to their clients are valid and constitutional, the defence team left short to answer the question as the whole defence team was not present at the time to comment. The Somaliland Government sent to jail Qaran Political association Chairman Dr. Mohamed Abdi Gaboose and his deputies Eng. Mohamed Hashi Elmi and Mr. Jamal Aidiid Ibrahim after the government got an arrest warrant to arrest the accused and the court remand them for seven days on 28th July, 2007 but are still in jail for more than two weeks now without coming before the court or without being charged.
On the other side, ‘Somaliland Human Rights Organizations Network (SHURO-Net) is a Network of organizations bound together by common responsibilities on the promotion and protection of the Universal ideals of Human rights and fundamental freedoms enshrined in Islamic Shari’a, Somaliland Bill of rights(http://www.somalilandlaw.com/Somaliland_Constitution/billofrisomaliland_constitution.htm ), UDHR and other International Human Rights Instruments. The member organisations aim to reach their main goal through exchange of information, develop a collective voice, amplify their actions, and develop new tools and strategies in pursuing action oriented initiatives to protect all human rights and fundamental freedom in Somaliland territory’ specially the illegal arrest of the Qaran political association leaders. At Shuro-Net we are deeply worried and concern about the continuously path and actions that the Somaliland Government takes lately which violates the constitutional rights and freedom of the Somaliland Citizens.
SHURO-Net have sent a fact finding team who visited the detainees for two hours in Mandhera Prison on Wednesday, this visit was been made possible by the efforts of the National Commission of Human Rights in Somaliland. The detained Qaran Leaders were deeply worried and concerned about the visionless leadership direction and the political turmoil that country is experiencing and the illegal arrests that government arrested them with. The detainees stated that their arrest is political motivated and it goes against the constitution of
SHURO-Net is aware that the government committed a grave violation against the detainee’s basic rights which is guaranteed by the constitution of the land and the United Declaration of Human rights. These violation are been confirmed by Qaran leaders who stated that since their arrest they were not told the reason of their arrest or charges. The government further made tough rules for the visitations of the detained Qaran leaders which made them not to be able to be visited by their defence team and family members this made them incommunicado. These tough visitation rules directed to the detained Qaran leaders effected the general prison population who also became incommunicado as a result of the government actions.
SHURO-Net is concerned about the government’s treatment to the detainees as the detainees were treated as convicted criminal even though that the detainees are untried prisoner who were not also charged or convicted before the court. These types of treatment clearly violate constitution article 26(3) states that ‘An accused person is innocent until proven guilty in a court’. Qaran Political Association leaders confirmed to SHURO-Net that they always ready and make their first priority the interest of the general public of
SHURO-Net after long study on the detained Qaran leader’s case we acknowledge that the government extent several times the remand of the detainees without bringing the detainees before the court and did not explained the extension to the detainees. These actions clearly violates ICCPR 9(2) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. The Detained Qaran Leaders showed a deep concern about the independence of the current Judiciary system in Somaliland, specially the presiding charge who is dealing with their case as they belief that the presiding judge is not an impartial judge.
SHURO-Net supports the Public statement of Amnesty international in this case and confirms they hold the same view of Amnesty International view that ‘there have been no demonstrations or violent incidents involving Qaran supporters’, all Qaran leaders did was to exercise their constitutional rights to form a political association which the current government it self exercised when they were preparing and forming their political association before they were registered as political association which turn into a political party.
SHURO-Net condemns the further illegal arrests of Mr. Mohamed Abdi Jibril and Chief Abdirahman Awale Ogle accused of setting up a meeting to discuss about the arrest of the Qaran leaders. The two men are detained in Mandhera prison, 70 kilometres east of Hargeisa. Security forces arrested these two detainees and sent them to Mandhera prison even though the security forces does not have a legal ground to send someone to prison without the assistance of the court. These two men were not brought before the courts yet and believed that they are incommunicado.
SHURO-Net is concerned about the Somaliland Government’s constant gross violation of human rights, lack of co-operation between the lower and upper houses, while on the same time there are huge political differences about the government budget, how it was Setup the National Election Commission and the arrests of the Qaran political association leaders shows the lack of leadership vision from the current Somaliland government as it is not in agreement with the newly born democracy of the Republic of Somaliland.
SHURO-Net strongly advices and calls the Somaliland Government for the immediate and unconditional release of three Qaran Leaders and the two elders who were further arrested by the security forces and if the detainees committed a chargeable crime must be brought before an independent and impartial court.
SHURO-Net advices the government to stop the policy of political prisoners and recommends to follow the good policies of the Republic of Somaliland which are based on compromise, negotiation, peace and mutual understanding, co-operation, and other democratic values. The government should listen to the will of the people both inside and outside and in this case it should listen to the request of the
SHURO-Net calls for the
SHURO-Net calls the immediate implantation of the constitution article of the Judiacry and the courts and the implementation of an independent an impartial Judiacry committee. Finally we call the Somaliland citizens to support the government for all good and democratic action it takes, and rectify and correct all bad an undemocratic actions that the government commits, while respecting the democratic values, law and order that
(Source: http://www.halganews.com//content/view/3375/1/)
Translated By Malik Jeylani into English from the original Somali version
