They Call It The Kangaroo court

[MR ORGILAQE]

The Kangaroo Court of Hargeysa!!

 

 

Abdullahi Elmi

abdulelmit@yahoo.com

Wednesday, January 26 2005 sss

 

What name Hargeysa’s Regional Court should be called? Probably ‘Kangaroo court’ is the most proper name that fits the best. In other words is a mock court that is characterized by dishonesty, incompetence, and violation of essential legal procedures or colossal deliberate injustice and hypocrisy.

 

A lot of people, including me, have failed to draw clear lines of distinction between Hargeysa’s regional court and kangaroo court. In light of Zamzam Ahmed Dua’le, 16-years-old girl from Puntland who has been subjected to rape, torture, illegal imprisonment, unfair trial, and some other inhuman and disgusting treatments in Hargeysa’s prison since last August, let no one doubt Hargeysa is where the rule of jungle supplants the rule of law.

 

Taking into consideration the judicial proceedings, how the judge had handled the case involving Zamzam, and the court ruling, it’s pretty clear there were no legal ethics and professional integrity. In this fashion, there is no conspicuous difference or gap between the two (Hareysa’s regional court and the law of the jungle). To specify the significant legal peculiarities of the court involving Zamzam’s case, the following are the major flaws of the court:

 

• Despite the lack of actual evidence to substantiate the allegation against her, the court sentenced Zamzam 5 years of prison. Bear in mind that every person is innocent until proven guilty beyond a reasonable doubt.

 

• The judge sentenced her four defense lawyers for three years of imprisonment when they had challenged the validity of the case and asked the judge to withdraw from the case as a result of alleged bias. Jailing the attorneys for practicing their profession is indeed bizarre.

 

• Zamzam was left alone to represent or defend herself against terrorism, conspiracy, and espionage charges without lawyer. Prosecuting 16-years-old girl without any rights to access to legal representation is ridicule and wild justice.

 

• While Zamzam is a minor, 16 years old, she was trialed as an adult for the charges, which she has always maintained her innocence. Thus, putting a teen to stand trial as an adult defies internationally accepted legal standard.

 

• The judge dismissed her allegations that she had been raped by six police officers from the Criminal Investigation Department (CID) officers and tortured.

 

• During the trial, the only witness who has been called to testify against her was her alleged rapist & torturer, and he cited statements obtained under the torture. Hence the incriminating evidence that was used in the trial was based on the testimony of that alleged rapist & torturer.

As so many people have said, it’s widely believed that the prosecution of Zamzam is a radical form of political antagonism, which is the repercussion on the border conflict between Somaliland and Puntland. Even though Zamzam plays no role in Puntland and that territorial dispute, yet even she fell a victim to the political jealousy. The arbitrary detention, inhuman & degrading punishment, and the conviction of that young girl certainly has something to do in connection with her clan of origin rather than any crime that she had committed. Somaliland authority charged Zamzam Ahmed Dua’le with plotting to kill the Vice President of Somaliland, Ahmed Yusuf Yassin, but the credibility of the allegation doesn’t sit well in sound bite format. By any stretch of imagination, a 16-year-old girl who has never been in Hargeysa and didn’t have any inkling, capability and the means to carry out such a complex operation, is absolutely inconceivable; even from a logical sense it’s incomprehendable concept if she was quite capable of harming anybody.

 

Nonetheless, the ‘Vice President of Somaliland’, Ahmed Yusuf Yassin, who he has come to be best known for his immorality and barbarism, lacks any human judgment and has impaired ability to rationalize. He is deluged with hatred and specific phobia. Furthermore, apparently he is suffering from severe paranoia, which is characterized by irrational suspiciousness, and fear. He is more paranoid than anybody else could be, even than EGAL SHIIDAAD was. His actions are quite embarrassing setbacks for the people of northwest Somalia; particularly his action in respect of Zamzam, 16-years-old victim of rape and torture by the law enforcement officers whilst under his command, is a legacy that will haunt Somaliland for decades to come.

 

Last of all, rogue individuals from the product of former regime of Siyad Barre are in power in Hargeysa, as a result the judicial system and law enforcement were exposed to the influence of personal omnipotence. They goofed on the beauty culture of Somalia, grossly abused human rights, and instituted a malicious system, which prosecutes more like the one for the wild beasts.

 

Abdullahi Elmi

abdulelmit@yahoo.com

 

 

Disclaimer: This article is the authors's own responsibility, it deos not represent the editorial opinion of Burtinle.com

 

 

Ku Laabo Boga Hore

[Coloow]

Weli ma warkii zamzam baa la wadaa??? I thought the Zamzam story was over. But how wrong I was!

 

You can hardly visit a somali site without reading about Zamzam.

[MR ORGILAQE]

xagee loogaharaa waxay uxirantahay Riyaale iyop kooxdiise walina waa jirdilayaan oo xoogayaan

[General Duke]

Like it or not ignore it if you want, we wont let the story go untill the girl is out.

[Baashi]

Originally posted by Caaqil:

Weli ma warkii zamzam baa la wadaa??? I thought the Zamzam story was over. But how wrong I was!

 

You can hardly visit a somali site without reading about Zamzam.

Caaqil,

Zamzam waa dhibane la dulmiyey, lamana sii deyn ogaanteen, what made you think her ordeal was over?

 

I commend each and every Somali site that put her story in the front page. I don't know what to make of those who are bothered by the news about this gross injustice. In all honest, I don't quite understand why anyone would want the coverage on this story to go away!

[Garyaqaan2]

Weli ma warkii zamzam baa la wadaa??? I thought the Zamzam story was over. But how wrong I was!

You can hardly visit a somali site without reading about Zamzam.

 

 

sxb are you saying let's forget histroy :confused: this case will always continue!

 

Nonetheless, the ‘Vice President of Somaliland’, Ahmed Yusuf Yassin, who he has come to be best known for his immorality and barbarism, lacks any human judgment and has impaired ability to rationalize. He is deluged with hatred and specific phobia. Furthermore, apparently he is suffering from severe paranoia, which is characterized by irrational suspiciousness, and fear. He is more paranoid than anybody else could be, even than EGAL SHIIDAAD was. His actions are quite embarrassing setbacks for the people of northwest Somalia; particularly his action in respect of Zamzam, 16-years-old victim of rape and torture by the law enforcement officers whilst under his command, is a legacy that will haunt Somaliland for decades to come.

 

 

subxaanalaah

[MR ORGILAQE]

hear hear hear Bashi

[Coloow]

Hey guys, I thought the lady was released. Wasn't there a trial? Wasn't there an acquital, plea bargain?

 

I hope we show the same kind of sympathy to all somalis who are jailed across somalia guys; those who are denied rights.

[MR ORGILAQE]

did you not read the top posting she was not released

she is still a guest of Riyaal and Co in their state mansion AKA Hargeisa Hotel Prison and is still a victim of daily torture rape and pretty much everything else you can think of.But you knew right you just dont want to see it as it is in your backyard!

[Coloow]

Orgiliqe, to tell you the truth, I hardly read long articles. You hardly get an objective news item on this issue. Most of the articles on this issue (and I have seen many from both sides) seem to be very partial analysis and biased comments.

[MR ORGILAQE]

Right!!! say no more i fully understand

on another note kindly spell my nickname properly it is a highly sought after Brand name it is ORGILAQE NOT "ORGILIGE"

[Qudhac]

guys stop the calaacal

 

the individuall in question was found guilty in court of law, alot of the acusation that were flying about earliar didnt stand up to any scrutiny even the somaliland human rights group "african rights" and amnesty withdraw their claim of rape as mistake.

 

you guys scream rape but do you know her own uncle is somaliland minister, and he didnt say nothing about rape?? her own mother lives in hargeisa right now and she didnt say anything about rape???

 

 

please dont cry us crodile river, her own family is there and they never say nothing about rape so tell us what you know that they dont.

[MR ORGILAQE]

wrong qudhac all her family have confirmed it and there isnt anything about amnesty withdrawing it's case as for the kangaroo court

Well what can i say it is a kangaroo court No sense of justice,they only thing the know is to pick on little girls who are even relatives of their own supporters as you said "her uncle is a lander minister" well that says it all theybcant pick on Reall Men they tried and ran with their tails between their legs HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHH

[Qudhac]

eeeeeeeerm

 

its clear you are basing all your accusation on what you read on websites loool.

 

her mother resides in hargeisa, with several of her extended family, there is also the somaliland minister who happened to be her uncle, at no time in court or outside of have any of her family mentioned rape not once.

 

the chairwoman of "African rights" clearly stated on bbc somali service her organization have no effidence or claim of rape even though they had access to her several times.

 

Amnesty international spoke to her and they never included rape in their complaint, their only complaint was her lawyers arrest, but nothing else..

 

her mother spoke to boqor Buur Madow and confirmed there has never been a claim of rape from their camp.

 

so let me ask you son since you like to argue for the sake of it what do you know that her mother doesnt know.

 

and can you get one piece of statement from any of her family or herself making any accusation???

 

if not hold your peace son..

[NGONGE]

^^^^ Amnesty International's report on the 17th of December 2004

 

You all might want to read it and consider the prose, style and presentation of the report. Amnesty International, who is without a shadow of a doubt, the biggest and loudest weepers on this plant seemed to cover this story better than most. They’re covering facts. They’re questioning the ability of the judge, the lack of due process in Somaliland courts, the torture allegations, the lack of access to lawyers, the girl’s age and the suspect and unsubstantiated evidence. Compare and contrast this to the article above or any of the articles posted on this and any other Somali sites (for or against).

 

My opposition has always been and will remain against the irresponsible point scoring and politicising of the issue. It is a real shame when one has to rely on second hand news from foreign sources as being the most accurate instead of trusting one’s own news resources. However, the blinkered attitudes of our fellow Somalis and the emotionally charged articles presented as some highbrow news can only be believed or trusted by a half-wit.

 

I don’t set out to make any enemies or gain any friends here. Therefore, your judgments or reactions are of no concern to me. What I aim to do and have been trying to do for the past five months is move the discussion away from the pointless chest beating and unrealistic expectations, to its rightful place of cold reason and fair analysis. If we take amnesty international’s report as being accurate, I doubt that any sane person (one without a political agenda) will attempt to argue against the plight of this poor girl. There really does not seem to be much scope for discussion on those points. However, there is such a thing as scale! In all the coverage I’ve followed so far, I’m sad to say that balance has not been applied.

 

 

Somaliland is a nascent democracy (though calling it a democracy would be stretching a point, IMHO). None of the demands of Amnesty International (they have an excuse they’re foreigners) are realistic enough! Talk of Justice, due process and impartiality in the same sense that they're applied in liberal democracies would be laughable if it were expected of any African country, never mind one that is not even recognised by anyone! Herein lies the crux of the matter. These articles, the complaints and the constant demands are mostly produced for the eyes of Somalis in the Diaspora! Somalis who unless they’ve been living under a rock for the past twenty years or so, should know better than to further muddy the waters by demanding the impossible! Here, those that were expected to be the cool heads, the partially detached, the knowledgeable and intellectual not only allowed themselves to be carried along in this indignant wave, they actually created one of their own complete with all the western jingles and paraphernalia!

 

 

What does Mr Abdullahi Elmi hope to achieve by writing that article of his (I’m aware that he’s merely a member of the public and not a journalist. Not that it’s easy to tell the difference these days)? Is he trying to inform? Has he discovered a new piece of evidence that will guarantee the girl’s release? Is he attempting to shame the Somaliland administration into seeing the error of their ways? Is he conducting a through analysis of the case and pointing out with justifications the origins of this vendetta against Zamzam? (For it appears as such from where I’m sitting). Many others before him followed the same line of reasoning!

 

In the article above, the author hinted that the reasons for the arrest and conviction of this girl might have something to do with the government of Somaliland trying to score some political goals against Puntland in regards to disputed territory! This, in all probabilities, might be true. The obvious question to ask him would be “if it’s true, what could YOU do about it?â€. What sort of reply do you think he’ll give (other than using profanities and stating that he knew all along how despicable that government and people were)? When all is said and done, his real reply would be “ there is nothing I could do other than froth at the mouth and write as many articles as I couldâ€. Who would this help though? It certainly will not help Zamzam in her fight to gain freedom. It definitely won’t help the delicate relations between Somalilanders and Puntlanders! It will only allow the author to naively let out some steam!

 

Other than outright war, which is not something the Puntland government despite all it’s protestations and opposition to this case will be willing to take for the sake of one girl (unless it‘s politically beneficial of course). The only other avenue left in order for this girl to be released would be the efforts of the Somaliland citizens themselves! Here we come into the classic catch 22! At this point, I better reiterate the point I made earlier about Somaliland not being a true democracy in the strictest sense of the word. It’s people, though I’m sure many of them are nice and decent, are not typical specimens of democratic citizens that regard the virtues of justice, fairness and impartiality as sacred (nor for this matter are any other Somalis). Yes, some Somaliland citizens did rise up to help this girl and tried their best to secure her release. However, most others were busy standing up to and deflecting the Puntland “onslaught†and “propagandaâ€! Zamzam was 16 one minute and 21 the other (with all the other ages in between thrown in for good measure)! For every Puntland lie the Somalinad “defenders†countered with ten of their own! Both sides contributed to the creation of an electric atmosphere of which Zamzam was portrayed as a victim and a villain!

 

Unfortunately for all of us, most of these articles came from western-based Somali sites. I don’t for a minute doubt the sincerity of the sympathy Puntland authors had for Zamzam, however I believe that most commentators let their emotions get the better of them rendering the object of their anger and frustration a bit part actor in this whole saga. I also don’t doubt the patriotism of the Somaliland authors but here too, they let their anger and misguided pride cloud their reason and forget importance of due process (regardless of any media frenzy).

 

 

Sometimes and under the right circumstances, letting one’s emotions get the better of him does yield great results (see the recent Ukrainian elections or even the French revolution). Sometimes, being led by the mob is the safest place to be. However, in a situation like the one we have and after taking into account all the different variables, getting emotional when you’re 4000 miles away serves no purpose whatsoever and is rather foolish.

 

Let us hope that the same people that thought up the “democracy†idea in Somaliland will finally realise what such an ideology entails and pressure that useless government into organising a new trial with a fair judge, due process and transparency. Should the trial prove the girl’s innocence let us hope she is compensated for her troubles, her abusers tried and she receives a full and complete apology from that government!