The Regional Court of Somaliland has set a hearing date and location for the accused Qaran political association leaders.

Translated by Malik Jeylani into English

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 28^th 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 16^th 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 28^th 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 Somaliland and all International laws specially the human rights laws.

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 Somaliland while they protest the government actions and plans to destroy their dignity, reputation and use of force. These actions clearly violates the constitution article 24(3) States ‘Every person shall have the right to have his dignity, reputation and private life respected’.

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 Somaliland people which seeks immediate and unconditional release of the three Qaran leaders and the two elders.

SHURO-Net calls for the Somaliland government to respect the basic human rights of the citizens. The government must stay away all illegal actions that it might plan such as political motivated convictions in order to make Qaran leaders ineligible to take part in local election or take part in the politics and the government of their country.

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 Republic of Somaliland bases it is existence from the start.

(Source: http://www.halganews.com//content/view/3375/1/)

Translated By Malik Jeylani into English from the original Somali version

Somaliland's Political Veterans must be released immediately.

Somaliland International Recognition Action Group(SIRAG)
London, UK
3rd/August/2007

Press Release

SIRAG demands from the government of the Republic of Somaliland for the immediate release of Dr. Mohamed Abdi Gaboose, Eng. Mohamed Hashi Elmi and Mr. Jamal Aideed Ibrahim the Executive Leaders of Qaran Political Association. The government of Somaliland has acted illegally by depriving and denying these citizens of their constitutional rights to appoint a Political Association that will represent their democratic rights as laid down in the constitution of Somaliland. The government of Somaliland should free these political veterans without further delay so that they can get on with their work and complete their milestones within the time frame work that is available for registering political associations. Delaying their
work will only affect the elections and can cause serious results towards the milestone set for Somaliland’s democratic achievements and recognition.

We would like to remind the government of Somaliland, the parliament, Guurtida and Opposition parties of Somaliland that depriving the citizens of Somaliland of their liberties and constitutional rights and jailing them on top of that without a due process of law will only further damage Somaliland’s democratic achievements and recognition. The illegal imprisonment of these politicians have been carried out by the unconstitutional so called Security Committees which should have been
abolished long ago time ago to safeguard the stability and security of the nation.

We stand in Solidarity with the Association of Somaliland Lawyers(SOLLA), SHURO Net Human Rights organizations Network, the Diaspora, members of Parliaments & Opposition Parties and Somaliland’s Political Veterans to free these political prisoners without any further delay.

Year 2007 has been a challenging one for Somaliland’s democracy including the latest imprisonment of Haatuf Journalists where such injustices were protested against both in Somaliland and in the Diaspora along with friends of Somaliland who have been very instrumental in making sure that Somaliland’s democracy goes from strength to strength. The history of
Somaliland will under no circumstances be dragged back to tyranny and the abuse of freedom of speech where ordinary people are subjected to a state where they keep their private thoughts to themselves for fear of disrupting peace. Such actions are the early signs of dictatorial regimes and should not be tolerated. The way forward for Somaliland is to maintain peace and respect of humanrights for all individuals as laid out in the Constitution of Somaliland.

Let us also not forget that these Political Veterans are the icons of Somaliland’s history, liberation, independence and their case of imprisonment should not be taken lightly. It is sad and unfortunate that such Veterans of high status to have been put to such a test where their imprisonment was rushed without balancing it with a common sense. 28th of July 2007 would be a day that will haunt the history of Somaliland for centuries to come. There was a time when these Political Veterans along with their veteran comrades dreamed of reaching the day that they will liberate Somaliland from the tyranny of Siad Barre’s regime persevering with patience against all odds. Somaliland has luckily become the Oasis of Success and Stability in the Horn of Africa as a result of their fruits. These leaders we believe would not sabotage their hard earned vision for a just and
democratic society.

For the record these Political Veterans have chosen to exercise their freedom of speech as free citizens of Somaliland. The Association of Lawyers of Somaliland(SOLLA), SHURO Net Human Rights Organisation, members of Opposition Parties and Parliament, the Diaspora and Somaliland’s Veteran Politicians have all declared their imprisonment as illegal. We believe that their imprisonment has been rushed which only highlights the weakness of the government’s leadership. Sadly such actions will also jeopardise the democratic achievements of Somaliland including our campaigns for the recognition of Somaliland.

We would like to remind the government of Somaliland that the citizens of Somaliland have chosen democracy over tyranny so that they can live in a free society where any one can state his/her own views wherever they may be in an office or open space without fear of any punishment whatsoever. Historically over the centuries Somaliland has enjoyed freedom of speech
through their pastoral culture which compliments the spirit of Democracy in Somaliland in a unique way in a nation where illiteracy is over 95%.

We would like to remind the citizens of Somaliland that the coming elections are the only means they can exercise their democratic rights peacefully. We advise the citizens of Somaliland to always safeguard their security and stability and never comprise their hard earned efforts and achievements towards democracy and peace over the last 16 years.

Somaliland is at a cross road and in order to safeguard the security and stability of the Republic of Somaliland the government of Somaliland must free the Political Veterans of Qaran Political Association without any further delay. The International Community will be watching the progress of this case very closely and turning a blind eye to freeing these politicians would only jeopardize the coming elections and delay the recognition of Somaliland.

God Bless Somaliland.

Marwo Lulu Farah
Chair of SIRAG
www.sirag.org.uk

The Denial Of Bail To Qaran Leaders Is A Blow To The Constitution And International Laws

Press Statement

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

Arrests in Somaliland by Lord Aveubry

Tuesday, August 07, 2007

Arrests in Somaliland

From Lord Avebury P0706084

Blog ericavebury.blogspot.com

Leaders of New Somaliland Opposition Party Arrested

Amnesty International
PRESS RELEASE
8 August 2007

Amnesty International calls for the immediate and unconditional release of three leaders of an emergent opposition party who were arrested in the Somaliland capital of Hargeisa on 28 July.

They are Mohamed Abdi “Gabose”, a neurologist and former minister in the Somaliland and Somalia Governments; Mohamed Hashi Elmi, a civil engineer and former Mayor of Hargeisa; and Jamal Aideed, a telecommunications businessperson. They are respectively the chairperson, the vice-chairperson and the second vice-chairperson of the Qaran party (“The Nation”), which is not so far legally registered but had begun informal political activities in advance of the local elections expected to be held in December 2007.

The Interior Minister had some days earlier warned the three Qaran party leaders to stop holding public meetings and threatened them with serious criminal charges, accusing them of “fuelling unrest”. To Amnesty International’s knowledge, there have been no demonstrations or violent incidents involving Qaran supporters.

The three men are detained in Mandera prison, 70 kilometres east of Hargeisa. They were taken to court and remanded for investigation into alleged unlawful political activities. They have not so far been charged with any offence and have been held incommunicado since 3 August 2007, after initially being allowed access to their legal representatives and families.

Amnesty International considers these three people to be prisoners of conscience. It is concerned that they may be detained without charge or trial for a prolonged period, or subjected to an unfair trial.

Background

In the last elections in 2002, only three political parties (one government-linked and two in opposition) were allowed, due to the proliferation of parties at the time and to prevent the formation of parties based on clan affiliations. There is currently no mechanism for registering new parties as the registration committee was disbanded in 2002.

The Republic of Somaliland declared independence from Somalia in 1991, but has not so far gained international recognition. It is the only part of the former Somali Republic to have established security and functioning institutions of governance, with a government through a multi-party system.

Three previous prisoners of conscience were journalists of Haatuf newspaper. They were detained in January 2007, subjected to unfair trial and variously imprisoned for two years and 29 months, then released by presidential pardon in late March.

Report Of The Goodwill Mission To Somaliland

Report Of The Goodwill Mission To Somaliland
SOPRI — USA — 24 April, 2007

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REPORT
OF THE GOODWILL MISSION
TO SOMALILAND

Sponsored by
Somaliland policy and Research Institute (SOPRI)

TO: H.E. Mr. Dahir Riyale Kahin,
President, The Republic of Somaliland
Hargeisa, Somaliland
Mr. President,

March 27, 2007

We express our gratitude to you, and members of your government for the excellent reception and hospitality accorded to the Goodwill Mission. We also thank the leadership of the legislative branch (The House of Representatives and Guurti), the leadership of the political parties, regional and local community leaders, as well as members of civil society for their hospitality, openness and support.

As you are aware, the Goodwill Mission was mandated by the Somaliland Convention held in the Washington DC area in September, 2006, which was attended by about 1,000 members of the Somaliland Diaspora and friends of Somaliland. The mandate of the Goodwill Mission was to determine how the Diaspora can best contribute to Somaliland's development and the welfare of its people. In particular, to assess the progress Somaliland had made over the past 16 years (what some have described as Africa's best-kept secret), scope the many challenges the country faces, both internally and externally, and provide recommendations on how to address these challenges, including where the Diaspora can help. The Mission benefited from extensive discussions with a wide segment of Somaliland leadership and society, and visited different parts of the country. The attached Report represents synthesis of the Mission's findings and recommendations, summarized in the Executive Summary and discussed in more detail in the main text.

While the Goodwill mission does not pretend to have all the answers, the Report represents a good-faith effort by committed Somalilanders, whose only objective is to see Somaliland prosper, build on the successes already achieved, overcome the remaining obstacles, and realize its potential as a respected and accepted member of the community of nations. In what follows, we would like to highlight some of the main conclusions of the Report.

Somaliland has made tremendous achievements without much help from the outside world; it has established peace and stability despite all the instability in the Region and a strong basis for a democratic and participatory governance structure based on a national Constitution approved through a nation-wide referendum. The country has a well-functioning and in many ways vibrant private sector, an active civil society, and a strong print media. In certain ways,
Somaliland is doing better than many developing countries, particularly in Africa and especially in the neighborhood, that are internationally recognized and which get substantial amount of external assistance.

The Report also notes the tremendous challenges and problems the country faces. If not addressed, these problems can undermine the achievements so far made. These include: weak and strained working relationship among political entities of the country, trading blames instead of cooperating to address the country's problems. The current political discourse is personalized and polarizing, and the existing state organs and political parties appear to lack articulated vision and coherent strategies for leading the country, while at the same time resisting the entry of new parties into the political system. Infringement on basic constitutional rights, such as freedom of the press, is becoming evident. There is lack of transparency in public finance management, and apparent mismanagement of public resources and revenues.

Read the entire report (SOPRI.ORG)

http://www.somaliland.org/ns.asp?ID=07042404