Is Somaliland Justice System Fair To All Its Citizens?

On 16th April 2010, the Sahil Regional Criminal Court in Mandheera Somaliland sentenced to death three individuals including the former Security Chief of Sool Region. One of the men sentenced to death is at large and three others received various jail terms ranging from 1 year to 15 years of hard labour. These individuals were accused of planning and carrying out several explosive attacks, which shook the regional capital of Sool Laascaanood earlier this year. According to the Court’s spokesman, they were also charged and convicted beyond reasonable doubt, the assassination of the Commander of the 12th Brigade of the Somaliland National Army based in Sool Region.

Despite, the relative tranquility in the Sool Region following the arrest of these men, the public opinion regarding the merit of the case against them, and the fairness of the various sentences handed out by the court depends on, whom you talk to.

The overwhelming majority of the SSC (Sool, Sanaag and Cayn) population deem the case as a concocted vigilante justice carried out by a kangaroo court in Somaliland. On the other hand, further you go to the west, in the central regions of Somaliland, especially in Burco the capital city of Togdheer Region, where the assassinated Military Commander hailed from; there is a general satisfaction with the conclusion of the court case.

Certainly, the debate surrounding this court ruling will go on for a long time, until a representative and trustworthy justice system prevails in the region. However, as much as I like to see a satisfactory closure for all the families involved in this particular case, and equitable justice for all social, political and criminal matters in Somaliland and elsewhere; it is not my intention to either criticize or applaud the outcome of this particular case as I am not privy to its particulars.

Nevertheless, it’s imperative to many people in the Horn of Africa and elsewhere, to draw attention to another unparalleled case, which has been begging justice for about 10 months now. On July 11 2009, on the road between kalabaydh and Dilla in Northwest Somaliland four martyrs were abducted, robbed, assassinated and their remains were desecrated in a barbaric manner.

To understand this case properly, Let us be absolutely clear about few things:

A) - These gentlemen were neither combatants nor politicians, but innocent intellectuals and merchants, minding their day to day affairs travelling from Hargeisa to Borama unarmed, who were waylaid, horrendously murdered and mutilated.

B) - They were in no way related to the so called Ceelbardaale dispute, other than the fact they shared a general tribal lineage (Gadabuursi) to one side of the disputed sub clans.

C) - Despite the rumour about the names and whereabouts of the barbaric murderers, no justice has been served so far.

Ironically, despite its powerful security apparatus, the Somaliland Government is either not willing or does not have the guts to apprehend the culprits, and therefore it’s hesitant to bring about a fair conclusion to the families of the murdered. If not so, why are the killers being allowed to wage their internecine war in the region with complete impunity? The absurd but undeniable fact is, anybody in Hargeisa, Gabiley, Dilla, Kalabaydh, Wajaale, Borama…etc. that you engage in this discussion would tell you with a high degree of confidence; the names of the perpetrators of this heinous crime, their social status, their capacities in the army and their frequented locations in Hargeisa and Gabiley…etc. so on and so forth.

What bothers me and perhaps surprises any other fair minded person is, why? Why do we not have justice for the families of these martyrs? Why does the justice system in Somaliland have double standards for its citizens? Why the same justice given to Burco family (commander’s family), if any… cannot be afforded the Borama families? Is the Government waiting for the day when the orphaned children and their widowed mothers take the law in their own hands and vigilante justice prevails in the land?

To add insult to injury, during his recent visit to North America, the Somaliland Interior Minister Mr.Abdullahi Cirro, who hails from Gabiley area and naturally has blood links with the suspects, either forgot or did not bother to update his audience about what measures his ministry has taken to bring the Kalabaydh murderers to justice, if any! However, he shamelessly taunted how he drove across Somaliland in a car with only two body guards in a tow. Disregarding the fact that his Government had betrayed the trust of many peace loving somalilanders, he went on to highlight, in his view the progress his Ministry made in improving security situation in Somaliland, especially, in controlling insurgency in the volatile eastern regions.

One wonders what is going on in Hargeisa’s power corridors; are we barking at a wrong tree? Is the Government hiding something from us? Is it directly or indirectly involved in this crime? Is our individual safety and dignity outweighed by few political votes, which nobody is sure how they will be casted? If so what about our votes? Isn’t justice our birth right?  Isn’t it government’s responsibility to protect all its citizens, regardless of their tribal affiliation and region of origin? Or maybe it’s safe to assume that, powerful individuals in the capital, especially in the army and in political parties were involved, and they would be implicated if the case is brought to court!!! If so who are they?

In my opinion any action or inaction by the current Somaliland regime could have number of consequences including the following among others:

To begin with, all the answers to the above questions and many more will be deduced from, how justice is equitably served to all Somaliland people, regardless of their patriarchal ancestry and region of origin. Perhaps, the final outcome of these two cases (the one just concluded in Mandheera and the Kalabaydh case) will both serve as a litmus test for the impartiality or partiality of the Somaliland Justice System.

Secondly, In Somali cultural context, if the perpetrators (killers and their collaborators) of the inhumane crime that prematurely took away, the lives of the innocent travellers from their own families are not brought into justice soon, the Mandheera Case will be naturally construed as a gross vigilante justice in a Kangaroo court, run by an unjust administrative regime by extension. Hence, many embittered voices may support, if the families of the massacred travellers and Mandheera convicts resort to redress their loss, the way they may feel fit. I hope not!!!

Finally, the families of the four martyrs are yearning for justice, and the onus is on the Somaliland Government to restore their faith to its justice system, by bringing the bandits and their partners in crime in front of a credible court of law, with no any further delay. ‘Justice delayed is a justice denied’.

In the mean time, I am not ashamed to rest my case with an old English adage which says:  ‘if it looks like injustice, quacks like injustice, smells like injustice and it walks like injustice it’s probably injustice’.

For now I say with a degree of certainty, its injustice and satisfactory answers are demanded from Mr. Rayaale, Mr.Cirro et al. Sooner the better!!!

Let us call for equitable justice for all, anywhere at any time.

Mohamed Dugsiye

Email: mdugsiye@yahoo.ca