Congratulations on their championship for Justice to Zamsam.

[Fyr]

Congratulations on their championship for Justice to Zamsam

[Nationalist]

This whole article is a succumbing farce. If it was not for the pushing of Pland media and the leaking of the info to NGOs in Hargeisa, than I'm sure with a 100% certainty as Samurai Warrior said, that poor little Samsam would be hid in a dark jail secluded from the rest of the world. After the scandal became to big to cover up, is when Slanders felt forced to 'side with the victim' in order to save face.

 

It looks like Samsam has been salvaged from the savages. But what about the pregnant women from Hargeisa beaten till their pre-natal babies were killed, after being arrested in a demonstration. They are still languishing in prison, and Samsam as well.

 

When a people helps the government cover up it's misdeeds, is when that people will inevitably feel the brunt of the government one day. Because after the government has attacked so many people, there will nobody for you to appeal to when it's your time to be attacked by the government.

[MR ORGILAQE]

Seems to me the S/land government has found itself in a fix and is lashing out at anyone and anything that moves.Kind of reminds me of The late Siyad Barre oooooooooops i just realised he aint dead he is still here in the form of his student Riyaale.I hope the people of s/land great things and inshallah they will get it.I must however point out that there is a big big difference between the people of S/land who are our brothers and are indeed great people and the administration which reminds me of the very same dictator the people of s/land had to fight just like their brethen elsewhere in the countryI hope they succed in their efforts in getting rid of him.Preferably peacefully as that is always a better option.I say GOOD LUCK to them

[Abwaan]

Kind of reminds me of The late Siyad Barre oooooooooops i just realised he aint dead he is still here in the form of his student Riyaale.

I am afraid that these sorts of things did not die with the previous regime. It is practised in many parts of the country. There might be even more senior students around than the one you mentioned. I hope that these actions are opposed collectively in order to fight against injustice.

[General Duke]

Nationalist is right if it was not for the consistant pressure of groups like Somalitalk.com, SBC and other media outlets SamSam's ordeal would have been swept under the carpet.

 

I must however point out that there is a big big difference between the people of S/land who are our brothers and are indeed great people and the administration which reminds me of the very same dictator the people of s/land had to fight just like their brethen elsewhere in the countryI hope they succed in their efforts in getting rid of him

 

Well said indeed

[NGONGE]

^^^ So you're saying Nationalist is half right, right?

[General Duke]

NGOON, no need to put words in my mouth, I said Nationalist is right...

[NGONGE]

^^^^ I would never dream of putting words in your mouth, saaxib. You’re articulate enough as it is.

[General Duke]

It's only words on a screen, words on a screen!

[NGONGE]

^^^ They are indeed.

[Nationalist]

I think it's funny how we Somalis gained another word in our vocabulary: Ordeal.

 

[Sophist]

NGONGE, !Tragedy besets indeed. How a man who seemingly is studious to succumb to such trivia? Perhaps, the glasses of erudition are to be replaced by a frivolous one when looking into anything involving his blood brethrens.

 

Aloow Noo gargaar, war dhalintii ma sidaas ayaa udanbeysey!.

[LANDER]

The Trial Of Zamzam Ahmed Dualeh Resumes But Justice Remains Elusive

Coalition for Justice and Peace in Somaliland — Hargeisa, Somaliland — 09 December, 2004

 

The Coalition for Justice and Peace in Somaliland

 

 

8 December 2004

 

For additional information, please contact Ibrahim Haji Musa: 429 251

 

 

The Trial of Zamzam Ahmed Dualeh Resumes

But Justice Remains Elusive

 

 

The trial of Zamzam Ahmed Dualeh, the 17-year old girl whose detention and trial has confronted the justice system in Somaliland with a series of challenges, resumed at Hargeisa regional court on Monday, 6 December, together with her co-defendant, Omer Jama Warsame. The trial had been indefinitely suspended by the presiding judge, Abdirahman Jama Hayaan, on 24 November, after he had summarily sentenced the four defence lawyers to three years in prison, allegedly for disturbance of the court. Four members of the Coalition for Justice and Peace in Somaliland (CJPS), which has been supporting the legal defence of the two detainees, attended Monday’s hearing. In light of the grave and widespread irregularities which were, again, apparent in the proceedings, the Coalition remains pessimistic, for the reasons detailed below, that justice will be done.

 

The Coalition is concerned that the trial on Monday reflected a legal strategy which effectively aims to remove the discussion from the courts to the political arena, with serious implications for the justice system in Somaliland. Having failed, despite repeated efforts, to provoke a confrontation outside the court with their supporters, which might have justified postponement of the trial, the government then moved to silence their lawyers through imprisonment. Now, after a few hours where they had no legal representation, no opportunity to call their own witnesses or to cross examine those for the prosecution, Zamzam and Omer are to be judged on Saturday 11 December. There are fears that they will indeed be sentenced on Saturday, and that they may then be “pardoned†by President Dahir Rayale.

 

The Lack of Legal Representation

 

With their four lawyers in prison, Zamzam and Omer were left to defend themselves, despite the gravity of the charges they face. According to the judge, a letter had been sent to the two detainees, and their families, informing them of the date of the hearing. But neither Zamzam nor Omer, who have been incarcerated in Hargeisa central prison since September, had received such notice and therefore had no opportunity to hire new lawyers. Nor did their families know of the impending hearing. Zamzam’s mother and Omer’s wife found out at the last minute through informal channels. The Coalition itself had no prior knowledge of the trial as no information had been given to the public.

 

The judge offered the detainees a choice: they could either act as their own lawyers and allow the proceedings to continue, or the trial could be postponed while they sought out new lawyers. Anxious to put their ordeal behind them, and hoping for an early release, Zamzam and Omer chose to lead their own defence.

 

Judge Hayaan continues to preside over the case, notwithstanding the criticisms levelled at him following his decision to sentence Zamzam and Omer’s lawyers. Moreover, the prosecutor, Yusuf Abdi Kahin, whose conduct was questioned by the defence lawyers during the previous session, was once again given a free hand to interrogate Zamzam and Omer—this time in the absence of their lawyers. Despite the intimidating circumstances, including the absence of the many relatives and supporters who had attended the court previously, the two detainees held their ground and argued their case as best as they could.

 

The Prosecution

 

As in the past, the prosecution produced witnesses, for the most part CID officers involved in interrogating the detainees, who repeated the claims that Zamzam and Omer were part of a conspiracy to murder the Vice President, had visited his residence for the purpose of surveillance, and that they had become suspicious when Zamzam repeatedly changed her name, details and clan identity. No new or material evidence was produced. No independent witnesses came forward to lend support to the prosecution’s arguments. Their case ended as it had begun, based entirely on the word of CID officers—some of whom have been accused of torturing the detainees and of raping Zamzam—and of the guards in charge of security at the Vice President’s home.

 

The Defendants

 

Both defendants refuted the prosecution’s charges and repeated their previous accusations against the CID for torture, and Zamzam continued to insist that she had suffered rape at the hands of six CID officers. As in the past, she did not hesitate to point out that some of the men involved in the rape included the prosecution’s witnesses. On this occasion, she singled out, as she had done on 4 October, a young CID officer who was in the witness stand. Desperate to leave prison, she made a strong appeal to the judge for an early release.

 

Omer, who had driven Zamzam from Bosasso to Hargeisa in his vehicle for hire, categorically rejected the charge that he had any involvement with espionage and a conspiracy to assassinate the Vice President. He reminded the court that he had in fact been released by the CID after two or three days of questioning in mid-August, and had been re-arrested and charged only after he demanded that the deputy head of the CID, Saeed Mohamed Absiye, who had used his car and damaged the engine, compensate him for his losses.

 

He related how he had returned to CID headquarters in search of his car after his release and was told that the deputy head of the CID had the keys. Accompanied by a soldier and a mechanic, the car was taken from the CID compound to a garage where the engine was found to be faulty. Omer said he returned to the CID in the company of two parliamentarians to give him moral support. They left empty-handed after an abusive encounter with Absiye. He then, he added, went back on his own, at which point Absiye threatened to have him arrested if he continued to speak about the car. He was, he said, given a serious beating and hand-cuffed, after which he was then driven to Hargeisa central police station where Absiye instructed the police to give him the maximum punishment, which meant that he was held in isolation, denied access and even food for a certain period.

 

Saeed Mohamed Absiye was due to testify in court for the prosecution on Monday. The hearing was in fact suspended for a while to give him the chance to attend, but he failed to turn up.

 

Omer told the court that he believes the charges were fabricated to cover up: (1) the injuries he has suffered from the torture; (2) the damage to his car and (3) to divert attention from the circumstances of his re-arrest and long period of imprisonment.

 

A Denial of Justice

 

The defendants have not yet had a chance to call a single witness to the stand. All the hearings to date have been devoted to prosecution witnesses. And on Monday, with their lawyers behind bars, and no opportunity to prepare their own defence in advance, they were left in a position of extreme vulnerability. The government has said that their lawyers will have their appeal heard on Thursday, and that the verdict on Zamzam and Omer will be delivered on Saturday. Even if their lawyers win their appeal and are released, there are no further opportunities to put forth arguments, since Saturday is merely to hear the verdict.

 

When Omer and Zamzam asked the judge about their own complaints against the CID, he told them to “write a letter.†The prosecutor himself pointed out that they are not allowed to have pens and paper in prison. Nor are they allowed to talk to visitors in private who could then assist them in composing such a letter. The judge simply repeated the suggestion that they should record their complaints in writing. Yesterday, 7 December, the judge, Hayaan, wrote a letter, a copy of which was given to Zamzam’s mother, in which he instructed the head of the central prison to type up the letter “which they will compose themselvesâ€, a suggestion that has done little to reassure their families.

 

The Judge and the Prosecutor

 

If Somaliland is to improve its justice system, as the members of the Coalition believe it can and must, we urge the Government of Somaliland to address impediments to a fair trial. In this context, we regret the failure of the Chief Justice to respond to the calls which have been made by, amongst others, the detained lawyers, for the disqualification of judge Hayaan from the case, and the removal of the prosecutor, Yusuf Abdi Kahin.

 

Once again, the Coalition reiterates the calls for the removal of the judge and prosecutor from the case given the consistent and overwhelming proof of the necessary lack of professional ethics. In the case of the judge, his partiality and subservience to the prosecution, which members of the Coalition have witnessed repeatedly, is grounds for transferring the case to another judge.

 

What is at Stake?

 

The Coalition for Justice and Peace in Somaliland has been strongly criticised by some within the Government of Somaliland, by sections of the media in Somaliland, and even by some members of civic groups, for attracting “negative publicity†for Somaliland, and thereby damaging its interests.

 

As individuals and organizations concerned about the promotion of justice, accountability, transparency and peace in Somaliland, we regard it as our civic and moral responsibility as citizens of Somaliland, and our duty as human beings, to try and correct injustice in whatever guise it appears, no matter how difficult and discouraging the challenge might be. Far from jeopardising the future of Somaliland, we believe that we are making a vital and constructive contribution in ensuring that it is being built on solid foundations of which we can all be proud, and which can serve us all, in the years to come. We are concerned that injustices and abuses in themselves constitute a threat to the stability of Somaliland.

 

A Question of Individual Responsibility

 

The Coalition has consistently emphasised the importance of a full investigation, a fair trial for Zamzam and Omer, justice for all concerned and the principle of individual culpability. It is clear to us that serious mistakes have been made in the administration of justice, and within the CID, and these mistakes are the responsibility of particular individuals. Zamzam and Omer have also made allegations about torture, and rape in the case of Zamzam, against specific officers within the CID force. Those in charge of the administration of justice, and of the police force, should investigate these accusations, openly and fairly, and take the necessary corrective action for the sake of justice, to distance their institutions from the errors of certain employees and to safeguard the credibility of the offices which have been entrusted to them. When they fail to do so, it is inevitable that the blame will be generalised, to the detriment of Somaliland now, and in the future.

 

What Can be Done?

 

To move the process of justice forward, the Coalition for Justice and Peace is putting forward the following recommendations:

 

- A meaningful trial must be organized immediately in which Zamzam and Omer have legal representation and the opportunity to cross examine witnesses.

 

- Their defence lawyers must be released immediately and unconditionally.

 

- The allegations of rape and torture must be urgently and thoroughly investigated and the findings made public. If the allegations of rape are substantiated, the judicial authorities in Somaliland will have the opportunity to set a new standard by bringing a prosecution for rape against public officials.

 

- Both the judge, Abdirahman Jama Hayaan, and the prosecutor, Yusuf Abdi Kahin, who have lost credibility on the basis of their performance to date, should be replaced with immediate effect.

 

The Coalition for Justice and Peace in Somaliland, formed recently, brings together organizations and individuals that share a common interest in promoting justice, peace, human rights, the culture of dialogue and the establishment of democratic institutions in Somaliland.

 

www.somaliland.org

[NGONGE]

Originally posted by Sophist:

NGONGE, !Tragedy besets indeed. How a man who seemingly is studious to succumb to such trivia? Perhaps, the glasses of erudition are to be replaced by a frivolous one when looking into anything involving his blood brethrens.

 

Aloow Noo gargaar, war dhalintii ma sidaas ayaa udanbeysey!.

Heh. Seems that moral panic has taken over your ability to reason, saaxib. Pardon me if I seem indifferent to this tragic case. I’m sure Samsam is in no need for my words and indignation when she has all of you weeping and wailing at the total injustice of the Somaliland government and the way the whole world is collapsing around you!

 

Yes, her case is tragic, unfair, evil and utterly idiotic. This is something even her torturers will concede if we bombarded them with questions and put them on trail. However, and you can call me cold hearted here, I fail to understand why would a single case of a young girl being arrested (and raped – I wont allege here for I believe them capable of doing so) in Somaliland (or any part of Somalia) should receive such widespread coverage and be viewed as the mother of all tragedies by so-called intellectuals and wise men! If it were a couple of ignorant old women crying over and lamenting her plight, I’d understand. If it were her family and friends, I’d sympathise. But, a bunch of strangers making this entire racket over a single person! From whence came this newfound tenderness for fellow Somalis?

 

Other than getting the girl released, what is the aim of this huge and unrelenting coverage? Would this be the catalyst for the idiotic Raayle government to mend its ways and follow the path of fairness and justice? Would it improve the quality of judiciary in Somaliland and help in ensuring that future judges are able and competent? Would young Samsam become the symbol of freedom, fairness and justice? Would the constant howling guarantee that no other innocents are treated in such a way?

 

It’s a mess saaxib. A total and complete mess! Samsam is but one of thousands who suffer at the hands of the powers that be in every part of Somalia. In this instance it was the half-witted government of Somaliland, tomorrow it will be in Xamar, the day after it will be in Puntland! Why act as if Somalia is a democratic state where fairness and justice prevail and human right’s abuses don’t take place? Why ignore the malady that is the Somali mindset? Why insult your very own intelligence by wailing with the mob?

 

I feel sorry for Samsam but at least she’ll get out and receive a hero’s welcome in her hometown (she will wont she? It stands to reason). However, I feel worse for those who have the ability to hijack such occurrences and claim the moral high ground! There is no moral high ground in Somali politics; we’re all in the gutter, saaxib. When I see that, I can’t help but laugh and be frivolous about the whole decaying state of our politics and morals. شر البلية ما يضحك!

 

In spite of my natural pessimism, I really hope that this case will make a positive difference in the long term. In the meantime, I reserve the right to ridicule my fellow Nomads on any prejudice or silly statements I perceive. It might not help Samsam or anyone in her situation (neither would any nice words) but it might help the whimpering brigade in improving their wailing techniques.

[LANDER]

I fail to understand why would a single case of a young girl being arrested (and raped – I wont allege here for I believe them capable of doing so)

capability is not necessarily culpability do you not agree saxiib?