Letter To The President Of Somaliland

By Hussein Abdi Hussein; Doha-Qatar

Dear Mr. President

I profoundly commend this unrecognized party and its leaders 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. Sincerely, this was disgraceful not merely on one nation, but on a doctrine of respect of Somaliland constitution cherished by all Somaliland people. I urge the States of Somaliland and its society to irreverently condemn such misdemeanor, to bring to justice those who are responsible, and to prevent its repetition. But in one condition;

Whatever the response to this annoyance, it should not validate any nuisance. Rather, it should uphold the values that came with Somali Landers self proclamation, the principles of a democratic society, the accountability of the government and international law, and merge the requirements of security with the demands of liberty. We should be as vigilant in defense of the Constitution as we are firm in the fight against such crimes. That is the way we differ with the autocratic counties.

There is also a danger that some people may cynically take government act against those perpetrators as ethnic related crisis and of the "Reer Hebel" cause to justify their own internal repression, as we seen now since the day they were arrested, people calls (BAAQ) from abroad seems having a taste of ethnical issues, and expect that the Somaliland government will take accountable task to break its accuracy. The government should send a strong signal to those seeking to join this kind of inspiration, that it (government) will not tolerate oppressive opportunism in the face of this calamity.

Our background is

As we all know, the States of Somaliland has proclaimed its independency half of century earlier and not today. This proclamation comes from indignation endured with our alliance with Somalia, subsequent mistakes and eager to have our own republic and self being, lots of people lost their life and goods for this homeland and we are not today standing by loosing it so quietly. 'The iniquity began from the very start. There was a very disproportionate representation in the Parliament. The capital city became Mogadishu – in the South. The president was a southerner…the prime minister was from the south. So frustration began from the start.' Today things have changed and members of Somaliland's parliament represent all clans, which resolve the issue of division along regional or tribal lines. We have a multi-party constitution approved by referendum, we have our own capital and democratically elected the president, the vice president and peace is a tribute we gained from god and by this we (Somali Landers) are against anyone who'll not meet the terms of our constitution and government. So then we should pin down any perpetrator for his act and their accomplices and avoid harming the international human right but justice should be done.

But let be this first lapse a lesson and let me please ask you Mr. President to a wholehearted release of Mohamed Abdi “Gabose”, Mohamed Hashi Elmi, and Jamal Aideed and the Registration of the Qaran Party for the sake of our Republic. We don’t want these people considered as prisoners of conscience and be detained without charge for a prolonged period or subject to an unfair trial which may have consequences in the future.

May god bless you all.

Hussein Abdi Hussein Dualeh

http://www.somalilandtimes.net/sl/2007/291/25.shtml

Lord Avebury's letter to the UK Foreign Office

Dear Lord Malloch-Brown,

I attach copies of my letter to the President of Somaliland dated August 6, and a note by the East Africa Policy Institute, Democracy challenged in Somaliland. As I’m sure you are aware, the Somaliland government have arrested three distinguished politicians who are said to have broken the law by forming a political association, with the intention of contesting the local elections, and if they do well, of claiming to act as one of the three parties allowed by the constitution, when it comes to the general election. The government appear to be saying that the three existing parties are entitled to remain for all time as the only entities permitted to contest the local elections, and hence that no challenge can ever be made to their exclusive right to participate in the government of the country, but since no charges have been preferred against the detainees or published, the allegations have to be inferred from their statements to the media.

Ever since Somaliland broke away, following the downfall of Siad Barre, friends of the new proto-state here have pointed to the contrast between Somaliland’s maintenance of democracy, human rights and the rule of law, and the anarchy which has prevailed in Somalia. We have tried to help Somaliland towards recognition as an independent state, and I believe this should still be the goal. The obstruction of citizens who want to present a new political agenda by the use of doubtful law is bound to undermine the project, and I request you to express concern on behalf of the UK at the use of detention without charge, denial of access to legal advice, and the proposal to try the detainees in camera in a special court inside the prison. These unlawful processes have already set the cause of Somaliland’s recognition back, and if continued, must inevitably halt progress for the time being. It would be helpful if you were able to underline these points in a message to the authorities in Hargeisa.

Yours sincerely,

Lord Eric Avebury

The trial case of the Veteran Politicians in Mandhera Prison is an Insult to the Constitution of the Republic of Somaliland

Somaliland International Recognition Action Group (S.I.R.A.G)
London , UK
August 15, 2007

To the Guurti, Parliament and Government of Somaliland

The trial case of the Veteran Politicians in Mandhera Prison is an Insult to the Constitution of the Republic of Somaliland which also annuls the outcome of this illegal Case.

SIRAG is shocked to read about the trial of the Veteran Politicians which is about to take place Thursday 16th of August in 2007 in the notorious Mandhera Prison where Said Barre’s dark history still haunts this prison to date. We see this action not only as a violation and an insult to the Constitution of the Republic of Somaliland but we also believe that it annuls any outcomes that will come out of this illegal court case.

SIRAG stands in solidarity with Lord Avebury from the House of Lords who protested against this decision in his letter addressed to the UK Foreign Office dated August 12, 2007 where he said to quote “Ever since Somaliland broke away, following the downfall of Siyad Barre, friends of the new proto-state here have pointed to the contrast between Somaliland’s maintenance of democracy, human rights and the rule of law, and the anarchy which has prevailed in Somalia. We have tried to help Somaliland towards recognition as an independent state, and I believe this should still be the goal. The obstruction of citizens who want to present a new political agenda by the use of doubtful law is bound to undermine the project, and I request you to express concern on behalf of the UK at the use of detention without charge, denial of access to legal advice, and the proposal to try the detainees in camera in a special court inside the prison. These unlawful processes have already set the cause of Somaliland’s recognition back, and if continued, must inevitably halt progress for the time being. It would be helpful if you were able to underline these points in a message to the authorities in Hargeysa.”

Our solidarity also goes to all those organizations in the Diaspora, humanrights organizations, individuals, members of Parliaments and Guurti and the Elders of Somaliland among others that we did not list who protested against the illegal arrests of these veteran politicians.

Our heart appeals to the conscious leaders of Somaliland including the golden leadership of the Elders of Somaliland who have shown the International Community that Somaliland has a friend to rely on in times of crisis. Somaliland is at cross road today and we will not fail to be silent about it. We can not emphasize enough the setbacks that are upon Somaliland’s spirit towards democracy, human rights and its status on abiding by the International Law if this illegal court case is allowed to proceed which will definitely undermine the Constitution of the Republic of Somaliland and our recognition and inspirations towards democracy.

SIRAG believes that the recognition of Somaliland is in crisis and we appeal to the good people of Somaliland to support the spirit of Justice that Somaliland has always been known for. If the trial goes ahead tomorrow and stains the reputation of these politicians, the citizens and leadership of Somaliland would be seen as a country that did not give their infant democracy the chance to walk on its own two feet. The nation of Somaliland have never known for being a failure and we hope we will live up to our status as strong leaders within the International Community.

In solidarity with the peace and justice loving nation of Somaliland citizens and their Elder Leaders.

God Bless Somaliland, Aamiin.

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

Shuro-Net: Violations Against The Rights Of The Leaders Of The QARAN Political Organization

Hargeysa, Somaliland – 14 August 2007

The national network of human rights organizations SHURO-net is always on standby for the protection and promotion of the basic rights of Somaliland citizens in accordance with the Islamic Sharia, the Somaliland Constitution and the International Resolutions on Human Rights.

The Somaliland national network of human rights organizations keeping a watchful and cautious eye on the human rights situation in general and the unlawful arrest of the leaders of the QARAN political organization in particular, are worried about the Somaliland Government’s continuous and increasing violations of the constitutional rights and freedoms of its citizens.

On Wednesday, officials of the Network (Shuro-net) went to Mandhera Prison; on a fact finding mission organized by the National Commission for Human Rights, and met the detained Mohamed Abdi Gabose, Mohamed Hashi Elmi and Jamal Aideed Ibrahim.

The leaders of the Qaran political organization in Mandhera Prison showed a lot of worries about the country’s current political climate and their arrest though they have not committed any crime. The detainees who were in high spirits described their arrest as against the Somaliland Constitution and the Convention of Universal Human Rights.

The human rights network is conversant that the Government has violated the basic rights of the detainees. This was confirmed by the leaders of the Qaran political organization who told that the Government has not so far informed them of the crimes committed, but has placed restrictions on the detainees’ lawyers and relatives to visit them in prison. Also this has affected negatively the visits of the other prison inmates.

The human rights network is worried about the Government’s treatment of the leaders of the Qaran political organizations as criminals although no court has yet found them guilty of any crime. This is against Article 26 (3) of the Somaliland Constitution, which confirms that every one is innocent until proven guilty by a court of law.

The defenders of human rights confirmed to the leaders of the Qaran political organization that they are always ready for any thing that benefits the Somaliland public, and that they are against acts by the Somaliland Government to discredit and insult any one, which is contrary to Article 24 (3) of the Constitution that says that every one has a right to protection of his dignity, reputation and private life.

The fact finding mission of Shuro-net on the case of the leaders of the Qaran political organization found the Government extended the detention of the prisoners without bringing them before a court or informing them personally. Also the Government violated Article 9 (2) of the international convention of ICCPR, which says that every one arrested has a right to be informed immediately the reason of his arrest and as soon as possible the crime he has committed.

The leaders of the Qaran political organization showed grave worries about the justice system of Somaliland and in particular the judge who is handling their case whom they feel is biased and not neutral.

The human rights network confirms in support of Amnesty International’s report on this case that the accused did not commit any crime deserving their arrest, as no breach of peace and security or public order resulted from their organizational activities that were similar to those of the existing political parties which the Constitution allows and they normally carried out before their registration as political parties.

The human rights network, Shuro-net also condemns the unlawful arrest of Mohamed Abdi Jibril and Akil Abdirahman Awale Ogle who were taken straight to Mandhera Prison on the Hargeysa/Berbera road about 93km north-east of Hargeysa. The illegal Security Committee sent these two elders on 30 July 2007 when they spoke out of the arrest of the leaders of the Qaran political organization. These two detainees have so far not been brought before a court of justice while their relatives are not allowed to visit them in prison as confirmed by members of the network.

The human rights network, Shuro-net is worried about the Somaliland Government’s continuing and increasing violations of human rights in the current political turmoil in the country due to lack of cooperation between the Houses of Parliament, which coupled with the differences caused by the annual budget, the formation of he Electoral Commission and the arrest of the leaders of the Qaran political organization, is causing an unnecessary limbo to the budding democracy in Somaliland.

The human rights network, Shuro-net calls the Government to:

1. Release the leaders of the Qaran political organization and the two elders detained by the Security Committee or if they committed a crime bring them before an independent court of law.

2. Stop the rigid confrontational policy of late and return to the save policy Somaliland followed since it reinstated its independence, which were compromise, understanding, consultation and cooperation.

3. Listen to the public cry to release the leaders of the Qaran political organization and the two elders.

4. Protect the basic human rights of the citizens, and to avoid any unlawful method to lose the leaders of Qaran political organization their right to participate in the coming elections.

5. Create a neutral committee that is independent of the three national councils and the political parties to mediate between the two Houses of Parliament.

6. Expedite the Law of Judiciary and Courts to establish a just and independent justice system.

Finally, we call the Somaliland citizens to support the Government in its endeavor of good progress and development, and to correct its possible mistakes without violating the rule of law and good behavior that the Republic of Somaliland has adopted.

Zamzam Abdi Aden
Chairperson Shuro-net

Mubarak Ibrahim Aar
Executive Director Shuro-net

Source: Shuro-net

Rayale Is Making The Same Mistake The SNM Made In The Nineties

EDITORIAL

When it comes to human rights, Somaliland fares well compared to neighboring countries. For example, prisoners are not tortured or murdered in Somaliland’s jails. As a matter of fact, the country did not have any political prisoners until about three weeks ago. Nevertheless, there has been a steady and unmistakable deterioration in the human rights situation in the country. The problem has two levels: the symbolic and the substantive. On a symbolic level, when Somalilanders elected President Rayale, they knew he was a former member of Siyad Barre’s notorious National Security Service (NSS), but they voted for him anyway because they also knew that he was a former vice-president of independent Somaliland who, along with President Egal, contributed to establishing peace and stability in Somaliland. Thus by voting for Rayale, most of the electorate was voting for Rayale the former president of Somaliland, and not Rayale the former NSS colonel.

President Rayale seemed to understand that and acted accordingly by projecting himself as the person who is capable of keeping Somaliland stable and pursuing international recognition. But recently, it looks like Rayale has changed his mind and instead of acting like the former vice president that the electorate voted for, he is acting more and more like the former NSS colonel that the electorate wanted to forget about. In other words, instead of acting like the new Rayale, he is acting like the old Rayale.

On a substantive level, Rayale’s turn-around is highlighted by a series of actions chief among which is the appointing of former NSS spies to sensitive positions in his administration, and subverting the legal system until it has become no more than an instrument that carries out his wishes.

Early this year, we saw this old Rayale using old NSS methods to put Haatuf Media Network journalists behind bars simply because they dared to write about his corruption.

Late last month, we saw this same old Rayale again in action when he arrested and detained three Qaran party leaders and two community elders because of a constitutional dispute.

Some of the features of these NSS methods that President Rayale’s government deployed against Haatuf Media Network journalists a few months ago, which it is now using against QARAN party leaders are:

- The government has refused the defendant’s bail even though it is highly unlikely that they would skip bail

- The government made it very difficult for the families and friends of the prisoners to visit them by requiring them to get permission from several government offices

- The government has instituted extra police and security controls on the roads leading to the jail where QARAN leaders are being held, with the aim of harassing people who want to visit Qaran leaders

- The case is being tried inside a police/custodial complex

President Rayale’s refusal to act like the president that the people voted for, and his backsliding into the role of an NSS officer is a huge mistake, and it may cost him dearly. The irony here is that Rayale is making the same mistake that his erstwhile SNM opponents made in the early nineties. Back then, the SNM had a mandate to be the governing authority in Somaliland. But instead of getting down to the serious business of governing, they indulged in authoritarianism, arrogance and constant feuding, until finally, the people got fed up with them and put the reins of power in the hands of Egal.

Something similar may be happening now in Somaliland, but the results won’t be known until the next elections, a few months from now. If Rayale suffers the same fate as the SNM, he will have no one to blame but himself, just like the SNM.

Source: Somaliland Times

http://www.somalilandtimes.net/sl/2007/291/16.shtml

SOMALILAND: Leaders of new opposition party arrested

AMNESTY INTERNATIONAL

Public Statement

AI Index: AFR 52/013/2007 (Public)
News Service No: 151
7 August 2007

SOMALILAND: Leaders of new opposition party arrested

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.

AI Index: AFR 52/013/2007

7 August 2007

http://web.amnesty.org/library/index/engafr520132007

Qaran Leaders’ Trial Opens In Mandhera Jail’s Vicinity

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 Times

http://www.somalilandtimes.net/sl/2007/291/1.shtml