Amnesty International concerned about Samsam Du'ale and her jailed lawyers

[Nationalist]

Amnesty International Concerned About 16-year Old Girl's Trial And Rape Allegations,and Summary Imprisonment Of Her Defence Lawyers

- Tuesday, November 30, 2004 at 14:28

 

AMNESTY INTERNATIONAL

 

Public Statement

 

AI Index: AFR 52/004/2004 (Public)

News Service No: 308

30 November 2004

 

SOMALILAND: Amnesty International concerned about 16-year old girl's trial and rape allegations, and summary imprisonment of her defence lawyers

Amnesty International is deeply concerned about the current espionage trial, in the Somaliland capital of Hargeisa, of Zamzam Ahmed Dualeh, a 16-year-old school-leaver, and Omar Jama Warsame, a taxi-driver.

 

They were both arrested in Hargeisa on 15 August 2004 at the residence of the Vice-President, Ahmed Yusuf Yasin, and originally charged with conspiracy to assassinate him, which they denied. Zamzam Ahmed Dualeh has complained she was raped and beaten by police officers, and Omar Jama Warsame has complained he was beaten. The judge dismissed their complaints without any investigation, when they were first brought to court on 4 October.

 

At the latest court hearing on 24 November, the judge jailed their four defence lawyers for three years for contempt of court, after they requested him to withdraw from the case due to alleged bias.

 

Amnesty International is concerned that Zamzam Ahmed Dualeh was allegedly tortured by rape and beatings by police officers; that she is being detained and tried as an adult; that Omar Jama Warsame was allegedly tortured by beatings; and that their trial has already fallen far short of international standards of fairness.

 

Arrest and trial

 

Zamzam Ahmed Dualeh reportedly claims she went to the Vice-President's residence by mistake when she was looking for the residence of a Vice-Minister to whom she is related. She and her taxi-driver, Omar Jama Warsame, were arrested by security guards. Zamzam Ahmed Dualeh was transferred to the Central Police Station, and later in September to Hargeisa Central Prison, where she is currently detained. Omar Jama Warsame was released soon after arrest but re-arrested a few days later, taken to police custody, and is currently held in the Central Prison.

 

On 4 October, Zamzam Ahmed Dualeh and Omar Jama Warsame were brought to court in Hargeisa for trial, without legal representation. In the first hearing in court, Zamzam Ahmed Duale is said to have alleged that she was raped and subjected to other torture and ill-treatment by Criminal Investigation Department (CID) officers. She reportedly identified some of the six CID officers whom she claimed had raped her, who were in court as prosecution witnesses. The judge dismissed her allegations of rape and other torture, without ordering any investigation. The judge adjourned the trial to enable both defendants to have legal representation.

 

The court re-convened on 9 October with four defence lawyers arranged by local human rights defenders to represent them. The prosecution changed the main charge against them to espionage, which carries a maximum 10-year prison sentence. The judge refused bail and adjourned the case until after the court recess during the month of Ramadan.

 

The trial resumed on 24 November. CID officers who had interrogated Zamzam Ahmed Dualeh are reported to have stated that she had "confessed" to the espionage charge. The charge apparently concerned her role in an alleged conspiracy originating in Puntland, where she had recently left school. However, after verbal exchanges between the defence lawyers and the judge which led to the defence lawyers asking the judge to withdraw from the case on account of alleged bias, the judge convicted the defence lawyers of the offence of "insult to a judge during a hearing". He sentenced all four - Yusuf Ismail Ali, Fawzi Sheikh Yunis Hassan, Abdirahman Ibrahim Alin and Mohamed Said Hirsi - to three years' imprisonment. They were immediately arrested in court and taken to the Central Prison. Their case is now under appeal.

 

The judge adjourned the trial of Zamzam Ahmed Dualeh and Omar Jama Warsame indefinitely.

 

Human rights defenders in Somaliland are also themselves at risk of human rights violations on account of their criticisms of this case. During the court hearings in October, three human rights activists from Samo Talis human rights organization and the Academy for Peace and Development were detained outside the court, together with a law professor from the new Hargeisa University and a member of the Somaliland Upper House of Parliament (Gurti). They were released after some hours without being charged. A Samo Talis official was almost arrested at the 24 November court hearing, when he was apparently wrongly accused of speaking in court.

 

Amnesty International's appeals to the Somaliland authorities

 

1. The child rights issue

According to her identity document, Zamzam Ahmed Dualeh was born on 14 August 1988 and is thus 16 years old. She is therefore a child, who should, under international human rights standards, be dealt with through procedures specifically applicable to children.

 

Amnesty International is concerned that Zamzam Ahmed Dualeh as a child of less than 18 years of age is being detained in an adult prison and tried as an adult. International child rights standards require that she be treated in a manner which takes into account her needs and age, and that she be held separately from adults, unless it is considered in her best interest not to do so. In addition, she should be tried under a system of juvenile justice.

Amnesty International is requesting that, in order to uphold the principles of child rights protection, and also to ensure that she has all necessary medical treatment, Zamzam Ahmed Dualeh should be provisionally released, rather than detained in an adult prison for a prolonged and indefinite period.

 

2. Rape and torture allegations

Amnesty International is concerned that the judge arbitrarily dismissed Zamzam Ahmed Dualeh's allegations of rape and other torture in custody, and also Omar Jama Warsame's allegations of torture by beatings. International standards require that their complaints of torture or ill-treatment be promptly and impartially examined by the competent authorities, and that evidence should be obtained and presented in court from medical doctors who have treated or examined them. Two medical examinations were later undertaken by the authorities. The findings of the first have not been disclosed, and the report of the second was reportedly read out in court but not provided to defence counsel.

 

Amnesty International is requesting that a fully independent inquiry should be established into the rape allegations, in particular, including one or more medical professionals experienced in rape investigations. The international community could be asked to assist with the relevant expertise and access to forensic facilities unavailable locally. The findings of the inquiry should be provided to the court, including defence counsel, and if the allegations are substantiated, those alleged to be responsible for this serious crime must be brought to justice, in procedures which meet international standards of fair trial, and Zamzam Ahmed Dualeh should be adequately compensated.

 

3. Fair trial

Amnesty International is urgently calling on those responsible for the administration of justice in Somaliland to ensure that Zamzam Ahmed Dualeh and Omar Jama Warsame are given a fair trial by an impartial court in accordance with international standards of fairness.

 

Amnesty International is concerned about failures of the court up to now to respect international standards of fair trial. International standards of fair trial include the non-admissibility of statements obtained as a result of torture or other cruel, inhuman or degrading treatment; the right to legal defence representation from the time of arrest; the right of lawyers to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and the right to trial by a competent and impartial court.

 

Amnesty International is appealing for a review of the case against the four defence lawyers, and the heavy prison sentences imposed on them, when they were reportedly peacefully carrying out their professional functions.

 

BACKGROUND

Somaliland declared unilateral independence from the former Somali Republic when Somalia collapsed into civil wars in 1991 after the overthrow of the Siad Barre government, which had committed massive human rights violations, including war crimes, in this north-western part of the country. The Somaliland Republic has not so far achieved its objective of international recognition and refused to take part in the Somalia peace talks in Kenya or the Transitional Federal Government about to be established (which includes Puntland).

 

Since 1991 Somaliland has been the only part of the former Somali Republic to have achieved a broad measure of peace and stability under a civilian multi-party system, although there have been cases of human rights violations.

 

The Somaliland authorities have been generally welcoming to the development of several active non-governmental human rights organizations. The late President Mohamed Ibrahim Egal and his cabinet of ministers signed Amnesty International's worldwide "Get Up-Sign Up" human rights campaign commitment on the 50th anniversary of the Universal Declaration of Human Rights in 1998. The current President Dahir Riyaale Kahin also attended a reception during an Amnesty International workshop in Hargeisa in 2003 for Somali Human Rights Defenders.

 

Source:

http://www.amnestyusa.org

http://www.amnestyusa.org/news/document.do?id=80256DD400782B8480256F5C00502782

[wind.talker]

Raping 16 year old girls? Those animals ought to be caged and the keys given to me!

 

That poor girl's plight is so international right now its not even cool. Allaha u gar-gaaro.

[NASSIR]

I wonder why her uncle (Deputy minister) refused to speak out. What is wrong with this man?. He should really speak out and condemn the act at least.

 

I hope the girl be granted asylum to a third country as well as remedial compensation for her grueling grievances.

[Oda_Nobunaga]

Sad state of affairs.

If it was up to me the perpretrators would be shot

but sadly its not.

 

Another glaring example of our own governments lack of competence.

[Kowneyn]

ODA:

 

Indeed! Another glaring reminder that the our struggle for a decent and competent governance is not done.

 

However, pay no heed to the puntlanders who continue to follow, support or tolerate the likes of Morgan. These shameless scounderels and opportunist are only exploiting Samsam's blight. In fact, the political exploitation of this case by puntland is hindering the peoples demand for justice and those who want to hold the government and the system accountable.

 

I hear of new initiative by Boqor Buurmadow to resolve the issue via "dhaqan". This will unfortunately help riyale's administration save face, but will also spare this poor girl and her family the torment of being exploited by politicians and propagandist.

 

I hope Samsam is freed, to become yet another living symbol, as the boqor himself is, of the people of Somaliland's struggle for justice, accountability and good governance.

[Nationalist]

Kowneyn, if it was up to me General Morgan would be deported to Afghanistan. His beard would be appreciated there.

[LANDER]

This is really a disgrace; you would think the government would assign a competent judge for such an important case. I guess the only winners in this scenario are those who were exploited this young girls case in the Puntland media. This fiasco is playing right into their hands and giving them exactly what they strived for, that is to damage the image of Somaliland abroad. Those four lawyers should be released immediately before this gets any worst.

[MR ORGILAQE]

I hear of new initiative by Boqor Buurmadow to resolve the issue via "dhaqan". This will unfortunately help riyale's administration save face, but will also spare this poor girl and her family the torment of being exploited by politicians and propagandist

 

Kowneyn you conviniently forgot the fact that this girl has been abused by Riyaale and His vice president and all other henchmen that he has.The rest of them are simply trying to get her out of this abusive regime's hands!!

What you are saying implies that no one should speak out and her plight should be swept under the carpet or even worse for her to be left in their dispicable jail and the torture,rape beatings on her to continue.No bro we will speak out against this injustice

 

 

As for those of you that hate Morgan well he aint a good guy but why dont you start with your own backyard and deal with Riyaale first he was a henchman of siyad barre regime and was the one that tortured anyone who spoke against the dictator and is doing it now against samsam dicaale.Also how about Dagaweeyne another member of the SNM tribes.who was the commander of the forces that wiped out the civilian population in Mudug.The attrocities he commited far outstrip anything that was done to the SNM tribes.What you are doing here is saying that your War criminals are good and others are bad.This is hypocrisy.Either mention them all or say nothing.

The President that you all seem to hate in Sland is the same one that actually helped SNM in it's infancy and made it to what it is.They used to help them in battle(ssdf) that is until later on when they too were defeated albeit with Ethiopian help.

[miles-militis]

Kowneyn and Lander – Have you no shame lads … You still cannot find the streak within you to blotch this fetid disposition of barbaric proportion for what it is without licking own hide at first glance, then pointing fingers for a second glimpse. Puntland media did what the Somaliland media failed to do – expose rogues within the CID ranks and their sadistic invective. Had it not been for the media, the fate of Samsam would have been dealt the same hand of that of the deaf, retarded young girl raped at Radio Hargeisa’s front gate by guards - Not a sole drop from the censored media in Hargeisa.

 

Abominable events cum atrocious deeds of past decades are recounted only at late night jamborees for camaraderie is thus secured, cowling or so it appears at least for generation X whose only grasp is by way of the remote partiality and the genial hear ye hear ye mode of rationalising even when the pin had obliquely dropped for the home team. Oddly enough, your bellows to this date and roar at this late stage of the game slope towards the lawyers, and not for the injured party. Convinced I am had it been up to Somaliland, the poor child would have languished in the grotty, adult cells of Hargeisa’s central prison, muck and all. Glad I am her fate is dissimilar to that of her Somali peers of past legions.

 

Just conduct, fair hearing, and right course ought not be only availed to one’s kith and kin, but for all notwithstanding one’s ideological persuasion, allegiance and affinity.

 

According to Kowneyn, the fault is never with the perpetrators, but with Puntland, victim’s home territory. Had it not been for them, the dear lass would not have been subjected to such barbaric handling. Similar thinking I should think is at hand here of that of “… had children not been of Jewish pedigree, we would not have sent them to concentration camps to perish. Rather, humane treatment would have been availed….†Closer to home, Siyad Barre and his generals were quoted to have said of the late 80s civilian assault in Dacadhbuluq and Nasahablood “…had they [civilians] not rebelled and sided with the foe [snm], the government would not have had to use excessive force to subdue their unduly cataclysm. Here, Kowneyn would have us believe that had it not been for Puntland media, just hand would have been dealt for Samsam…. Notice how the act of rape, degradation, deprivation of all right and dignity concern NOT the dear fellow … is not the gentleman a bloody monkey with a banana on an aslant branch!

 

If that was not enough folly from the same team on a single day, the ever so potty Lander, wollies and bares, warts and all, joins the tussle to dig own chasm.

 

“….. the only winners in this scenario are those who were exploited this young girls case in the Puntland media.â€

 

Lander - Ever wondered what the role of the media is?

 

Shame we sussed out they have none. Morals the young ones have not...who would have thought eh?

[MR ORGILAQE]

SAMURAI SWORD YOU DESERVE THE NAME BRO

WHAT AN ANSWER!!!!!

[Kowneyn]

I guess to puntlanders radiolaascaanood and allpuntland are responsible media.

 

The problem in Somaliland is that the imperfect democratic system has allowed faqqash remnants to infiltrate the power structure and Somalilanders are eager to once again defeat this bankrupt mental state, however this time it will be done through the ballot box.

 

We hope to confine the faqqash mentality to where it was born and continues to be bred, its original home of puntland and gedo.

 

Until then spare us the hypocrisy which seems to be part of the fabric of your very being.

[Gabbal]

We hope to confine the

faqqash

mentality to where it was born and continues to be bred, its original home of puntland and gedo.

...and somehow you don't think you are breaking some of SOL's biggest laws? :confused:

[Nationalist]

Horn Afrique, this chap is a joke, I tell you mate.

He's allready breaking SOL laws by using his dead ancestor's tomb as avatar.

[Mutakalim]

Kowneyn: By He who exists necessarily, I thought you were more sensible than to use a tribal slur.

Forthright do I hope you recant your proposition.

 

ظننت هم ظنا جميلا Ùخيبوا

ظني وما كل الظنون تصيب

 

لعمرك ما ضاقت بلاد باهلها

ولكن اخلاق الرجال تضيق

[MR ORGILAQE]

The problem in Somaliland is that the imperfect democratic system has allowed faqqash remnants to infiltrate the power structure and Somalilanders are eager to once again defeat this bankrupt mental state, however this time it will be done through the ballot box.

 

 

I think a crush course in Recent Somali History is in order

 

First Konweyn you use the word ****** on the people of Puntland and Gedo

 

 

Let me remind you just where the term "****** " came from who gave it and to whom it was given to.

 

 

First of all the word was invented by the Puntland tribes especially those that were part of SSDF after they were refered to as Mahbar by the Late siyad barre regime.They used that term on the Government forces that they were fighting and during their early years as a rebel movement the forces of the government being used against them were of course none other than the SNM and USC tribes.The other tribe that were also part of the dictators forces were the Jareer and they were nicknamed "Sankadhuudi" by the SSDF .This terms were invented by the Puntland rebel movement way before SNM even existed and when SNM were formed with the help of SSDF they simply picked up those terms in the training grounds of SSDF who were training them.Now you are trying to use the very same terms on the people that invented them for you and of course at the time it was you that was ****** and whom that term was invented for.Do yourself a favour read up on history before you go and open your mouth thank you.