Harsh Sentence for Qaran party leaders

Mandhera, Somaliland, August 25, 2007 (SL Times) – The three Qaran party leaders held in Mandhera prison were convicted by Hargeysa regional court on 20 August 2007 for an array of sedition charges and for illegally forming a political party, according to the prosecution. All three defendants were given a prison sentence of three years and 9 months and a 5 year ban from holding public office.

The three leaders of the Qaran party, Muhammed Abdi Gabose, and his two deputies, Muhammad Hashi Elmi and Jamal Aideed, have been held, since 28 July, in Mandhera prison, near the coastal port city of Berbera. They were charged with "engaging in unauthorized political activities” and “putting the good name of the head of state in disrepute”.

The trial was conducted in Mandhera Police Academy which is located less than 500 meters from where the defendants are held in Mandhera prison.

The defence counsel boycotted the two-day trial because, as they put it, “the Hargeysa regional court has does not have the mandate and the capacity to litigate on matters of constitutional issues, and this case is a matter for the Constitutional and Supreme Court to address”. The defendants added that ‘they had sent to the concerned body their written objections to the case, long before the court trial was scheduled, and that as is the norm, the court judge presiding in this trial, should have cleared with the defence counsel the concerns addressed in their letter to the regional court, prior to the opening of the case and its being tried in court’.

The Hargeysa regional court’s ruling and prison sentence of the Qaran leaders has been widely condemned by the opposition party, Kulmiye, as well as local and international civil organisations.

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/292/3.shtml

Somaliland Mediators End Government & Parliament Deadlock

The arbitration committee delivering their press statement

Hargeysa, August 25, 2007 (SL Times) – A group of prominent S/land figures announced on Monday that they have reconciled the long-standing dispute that divided the executive and the lower house of parliament over the national budget (2007) and the issue of the remaining National Election Commission (NEC) board nominees waiting for parliament’s endorsement.

The group, known as the arbitration committee, took the initiative to resolve the deadlock between the government and parliament as well as the issue concerning the detention and trial of Qaran party leaders.

The nine member committee, composed of poets, clerics, intellectuals and senior academics got the backing of the government and the lower house of parliament chair committee to resolve the deadlock.

They began their mediation efforts in the first week of August, holding extensive talks with the government, the lower house, and the two major political parties (Kulmiye and Ucid). The mediation committee managed to secure a consensus among all the stakeholders to accept a three point accord drawn up by the arbitration group.

This was made public by the arbitration group in a press statement issued on 20/08/07. The press statement said, “having listened, looked at and studied the different points of views and arguments held by the government, the chair committee of the lower house and the opposition, we have reached a three point accord and a set of recommendations which both the government and the lower house chair committee have accepted:

1. That the lower house of parliament will refer the two remaining election commission candidates (nominated by the upper house), to a vote in parliament.

2. That the government accepts to put into practice the endorsed amendments made by the lower house on the national budget 2007.

3. That the government will ‘unconditionally’ release the detained Qaran leaders and remove all restrictions in their movements and to resolve the issue of legitimacy concerning the status of their Qaran party in a civil and legal manner. In addition, the Qaran leaders should not get involved in activities which might endanger the peace and tranquillity of the country.

The arbitration group also addressed the government; a) to submit all treaties and agreements made to date with foreign firms and governments for parliament to ratify, b) that the government should submit on time the annual state audit and its accounts, c) that the government should produce and submit to parliament its political programs and policies, d) and the president should present the constitutional annual speech to parliament, e) all arrests and detentions should be executed according to the tenets of the constitution, f) in general, all state branches should perform and execute their duties within their defined constitutional limits and power.

The prominent group that arbitrated and reconciled the government and the lower house is chaired by the legendary Somali poet, Muhammed Ibrahim Warsame (Hadrawi), and includes Sh. Muhammad Omar Dirir, the great poet Muhammed Hashi Dhama (Gaariye), Sh. Ismail Abdi Hure, Sh. Yusuf Adan Muhammed, Prof Muhammed Saeed Gees, Prof Suleiman Ahmed Guled, Dr. Adan Yusuf Abokor and Saeed Ahmed Muhammud.

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/292/1.shtml

Sanity prevails in Somaliland

EDITORIAL

Just when it seemed as if the crisis in Somaliland would get deeper and deeper, Somalilanders managed to find a way out. It came in the form of a nine-member committee who took the initiative and offered their services to mediate the nasty conflict that had paralyzed political life in the country. Once their offer to mediate was accepted by the main protagonists in the conflict, the committee set out to work without much fanfare, and soon enough they were able to persuade the various sides to accept an agreement composed of three binding clauses and six recommendations.

This was no mean achievement, especially given the advanced stage of hostility and mutual recrimination that was prevalent among the competing actors in this drama.

But like all agreements the real test is in the implementation, and so far the signs are encouraging. Parliament has already taken a step toward meeting its part of the agreement by scheduling a session for August 26, 2007 in which it will vote again on the two previously rejected nominees to the electoral commission.

The president not only accepted the agreement but he also invited the members of the mediating committee for a luncheon the next day as a token of appreciation for their good work. Whether the president is complying or not with the clause regarding the budget will not be immediately clear, and will only be publicly known the next time parliament discusses the issue and facts and figures are examined. The matter of Qaran leaders has two aspects: (a) their release from jail; (b) their political status. Their release from jail is much easier to fulfill since the accord the president reached with the mediation committee amounts to a pardon. But the long-term question of their political status (and that of their party) still remains to be settled.

The committee did not directly address the question of the political status of Qaran leaders or Qaran Party, and rightly so, since that was beyond their writ; however, they did point the way toward a solution. First by restoring to Qaran leaders their political rights, and, second, by saying that the issue which they have raised should be given due consideration once their freedom is restored. In other words, Somaliland’s stakeholders should begin a dialogue about political parties and related constitutional matters.

Given the fact that most of the clauses in the agreement required concessions from the president, some might say that the president lost and his opponents won. But that would be an erroneous reading because it would have been fatal for the president’s political future for the logjam to continue and the date of elections to get nearer and nearer. What the mediation committee did, in effect, is that it gave the president and all the concerned parties a formula for climbing down from their positions without losing face.

A question that is often asked is why did the Gurti fail in mediating this conflict and the mediation committee succeed? Answer: the Gurti were a part of this conflict but the mediation committee was not. No disrespect to the Gurti, but this time they dropped the ball. However, Somaliland is lucky, and when that happens, its other sons, daughters, and institutions pick up the ball, run with it and score. This time it was the turn of Hadrawi, Dirir, Gaarriye, Gees (Academy for Peace and Development) , Suleiman Guleed ( Amoud University), Ismail Hurre, Adan Abokor, Muhammad Adan and Said Mahmud, and they scored big. Three cheers for them

Source: Somaliland Times

http://somalilandtimes.net/sl/2007/292/16.shtml

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