The Criminal Justice System in Somalia: Crime and Punishment.

[Nin-Yaaban]

In the last few months I have been very interested in how the Justice system works in Somalia. All of this started from reading stories on Somali websites about people who were accused of killings, Al.Shabab folks being arrested, random assassinations, pirates getting busted, arguments/disputes ending in shootings/gun battles and whole other stuff.

 

I know this could easily turn into politics/Siyaasad debate (it just takes one Qashin interjecting Qabiil and derailing it), but this is not the aim of this. What I am looking for or at least hope to talk about is how crimes/criminals are dealt with in Somalia. From how they are first determined they are suspects, to the police/Askar arresting them, with the accused moving through the courts/Maxkamado and finally being found guilty and carrying out the punishment/Xukun, if it's Death (dhimasho ama toogasho, or being given jail time)

 

I am sure there are people here on SomaliaOnline that have way more knowledge about this than me. And i hope Somali lawyers who live and work abroad, those that worked there before or are currently working there, the others who live there and have first hand experience (Alpha Blondy) and of course Juxa, our esteemed paralegal assistance expert from UK. Can share their opinion about what they think would be the BEST way forward when dealing with criminals.

 

This would cover Somaliland, Somalia and Puntland and how each deals with those things.

 

It seems like there is a patchwork of laws and no uniformity when dealing with criminals who travel from one place to another. Wouldn't it be nice if the law enforcement in those areas all worked together in the interest of public safety and had some kind of frame work in place when it comes to bad people who cross borders? Because in this day and age, it's not hard for someone to go from Xamar to let's say Burco, or someone to travel Hiiraan to Hargeisa and vice versa.

 

I have looked online briefly for any documents or official government policies relating to this online and couldn't find anything. So there wasn't any help. If anyone could do a better search and post share it with us, Fadlan do so.

 

A little disclosure here. Before i was arrested here in the U.S, i was actually in a local community college taking Criminal Justice classes (but later dropped out for personal reasons) so i am looking this from an American point of view. And i really hope Somalis follow the U.S model when it comes to this.

 

Somalia

 

I saw this video on Youtube about this young looking guy who is being held for (allegedly) killing a reporter and was being interviewed by a reporter in a Police station (or jail) somewhere in Mogadishu. From watching the video, this suspect gave the interviewer to how the events that led to arrest unfolded. The Interviewer/reporter asks the cops/taliyah of Saldhiga why they believe this guy was the one who carried out this assassination/execution, and he explains why they think they got the right guy. And the cops say's at the end they have enuff evidence to charge him and bring home to court.

 

My take on this: It seemed reasonably straight forward, they have witnesses placing him at the crime scene, and have evidence implicating him and would ultimately be upto the courts to decide his find him guilty or not.

 

 

Somaliland

 

From what i read online, it seems relatively peaceful area with no major crimes except for land disputes.

 

Puntland

 

They have few jails and have carried out few death sentences for people that were accused of being behind assassination.

 

 

In conclusion

 

Wouldn't be nice if all Jails/Prisons/Detention centers could all share information among each other, so if someone who commits a crime in one area just can't go running to another new place and blend in with the local population and hide? How about setting up some kinda repository criminal clearing house, that all arrest records would be available to all law enforcement agencies?

 

In the U.S, anyone arrested has their mugshots, fingerprints taken it is electronically available to any agency that requests for investigative purposes.

 

This is my thought....please add your own input, and if you have a better crime fighting ideas, please do share Fadlan.

[N.O.R.F]

Nin Yaaban saxib there is a programme in the UK called Crimewatch where wanted criminals are shown to the public and information on their whereabouts requested. I think you should present the Somali version

 

On a serious note, information sharing on security issues is very important and needs to be discussed with agreements signed. The biggest obstacle to this is a) finances to set up the system(s), b) politicians willing enough to do something for their country and not just for themselves c) adequately trained people.

[Haatu]

Most Somalis in the Somali Peninsular handle their legal cases through the Xeer system.

http://en.wikipedia.org/wiki/Xeer

[Nin-Yaaban]

N.O.R.F;971621 wrote:

Nin Yaaban saxib there is a programme in the UK called Crimewatch where wanted criminals are shown to the public and information on their whereabouts requested. I think you should present the Somali version

 

On a serious note, information sharing on security issues is very important and needs to be discussed with agreements signed. The biggest obstacle to this is a) finances to set up the system(s), b) politicians willing enough to do something for their country and not just for themselves c) adequately trained people.

Norf all good points bro. Money is the great obstacle, but any big city with let's say a population of 50 -100k and with a functioning decent jail that holds convicted criminals could at least afford to purchase a second hand LiveScan (they can take mugshots aswell) that are connected to the Interned that can electronically send to other terminals in any city/town that also have the LiveScan sytem. It would cut down on paperwork and for having to wait to wait or call to see if this guy is has been arrested anywhere else. I dont know how much these machines cost, but i am sure there are even Chinese/foreign similar systems available. I dont know about anyone else, but if i lived in Somalia, i would love to know what kinda people live around (from the rapists, khat dealers, and just the just ur usual Qashin.

[Juxa]

6 years of rigid training and malayacni and he calls me para legal?

 

Markaan madaxweyne noqdo I will daldalid you without trial. Justice system beel

[Alpha Blondy]

@ Nin-Yaban

 

awesome thread ninyahow.

 

this is the break-down of SL's justice system.......

 

SL's justice system is unique. the SL Republic has a developed judicial structures, working symbiotically together - customary (xeer), islamic and statutory laws to deliver justice. this is no doubt a result of it's unique triple heritage. Xeer law is very powerful and resolves most disputes (mostly civil). Sharia law is somewhat powerful. the statues haven't been updated for the most part. for criminal offences, the 1960 Penal Code, is used and is the bible of sorts. this is currently being updated. Somaliland accepts and has incorporated all the laws passed under the Government of the Somali Republic before 1991 contrary to most opinions.

 

see this awesome site...http://www.somalilandlaw.com/ - very useful.

 

the courts are divided like this:

 

District Courts - serves small local towns and villages.

Regional Courts - cities and large settlements

High Court - appeal court

 

i'll post more info. this is an interesting area of study.

[Nin-Yaaban]

Xeer? See, that's the problem. Why do OLD people with no formal training wearing macawiis iyo bokoorad get to pass judgement on people? That's just ******. We need to move away from that, and people with education or have experience should be in judge.

 

Juxa aad baan uga xumahay, waxaan u maleynayey inaad weli paralegal 'Secretary' aheed, laakinse i am happy you are NOT. With your expertise, maybe you could get involved in setting up a working system....As a Pro bono, to give it back to your people abaayo.

 

AlphaBlondy, nice link sxb. It's very comprehensive and detailed. I have one request to ask you my friend, since you live in Hargeisa, could you take pictures of the prison there (maandheere?) and show us what it looks like. I'd like to see what a prison back home looks like.

[Nin-Yaaban]

What do you guy's think of Somalia modeling its' system after that of the U.S? Good or Bad?

 

Me personally, i'd love it, because its' very systematic and fair. What say you people?

[Che -Guevara]

Back up, you do realize we are talking about Somalia, Nin-Yabaan.

[MoonLight1]

Nin-Yaaban;971844 wrote:

What do you guy's think of Somalia modeling its' system after that of the U.S? Good or Bad?

 

Me personally, i'd love it, because its' very systematic and fair. What say you people?

Nin Yaaban reminds me "why don't they eat cakes".

 

how can you compare the USA, the richest and the most advanced to a failed state which most of it still at war and anarchy, even the peaceful parts have security, health, education and other gigantic priorities due to the collapse of the state economy.

[Alpha Blondy]

ninyahow waan kaa yaabey, ma garatay? you're obsessed with crime, ma istidhi? we know you're a mole working for the NSA ee naga ciyaarta and these open-ended questions, dee.

 

Kulaaha....

What do you guy's think of Somalia modelling its' system after that of the U.S? Good or Bad?

 

Me personally, i'd love it, because its' very systematic and fair. What say you people?

i like the South African system, personally. as for the US/western system - it's a little crude at best and institutionally iska malayacni at worst. for example how will you ensure you select a non-bias jury without the qabyaalad-ism clouding their judgement given that Somalis live in their tribal hinterlands? (horta yuu ahaa? saas miyaa? horaa loo sheegey, y'all. maxaay ahayd maahmaadii...... ''madaxagoow tiimo laga wayaa, waa reer hebel oo tuug laga wayey''):D:p maybe tribes ought to have extradition treaties and stuff? but then again, this is potentially useful since each tribe will punish their criminals according to their own standards (death sentence for a terrorist in Puntland vs life imprisonment in the SL Republic)

 

the recent case of the former Al-Shababist leader Hassan Dahir Aweys demonstrates why Somalis will NEVER evolve to reach the lofty heights of a system that guarantees that all legal proceedings are fair, systematic and based on justice. the ximan and xeeb mamuul defended an international terrorist thug wanted for terrorism against Western Governments and their client African states and not against Somalis.......... while, internally, others have previously defended the likes Gen Morgan. balse, how the PM of the FGS went out of his way to defend Ali Samatar and demanded impunity for a war criminal is just pathetic. :mad: isn't the FGS supposed to herald a new dawn? it's no wonder, kids in Mogadishu continue to deny that fictitious 50,000+ figure, ma istidhi? :p

[nuune]

^^ Sheydaan cirbaha timo ku leh baad tahey, intaad qabiil dhan tuug ku tilmaantey baad waliba sii leedahey Guntanamo Bay ha lagu wada xareeyo, what kind of Justice System is that inaar, now edit that qabiil name and give raali galin using indhahaaga as an absorbing agent!

[Alpha Blondy]

MoonLight1;971863 wrote:

gigantic priorities

bal adna? caajiib.

 

inaar, waa maxaay ''gigantic priorities''? as in what context, dee? calashaan sidee? even your ''looted'' properties isn't technically a ''gigantic priorities'', ma garatay?

[Alpha Blondy]

nuune;971868 wrote:

^^ Sheydaan cirbaha timo ku leh baad tahey, intaad qabiil dhan tuug ku tilmaantey baad waliba sii leedahey Guntanamo Bay ha lagu wada xareeyo, what kind of Justice System is that inaar, now edit that qabiil name and give raali galin using indhahaaga as an absorbing agent!

Abti,

 

yaa ii geyn kara Guntanamo Bay? malaha waad iloodey in uu adeerkey Chief Aqil ahaa. reerkayagu maa dhiban dadkooda sida reeraha Las Anod ila 100km ka shisheeya, ma garatay?

[Juxa]

All I can say is we need garguurasho before we run the marathon. The system must fit and serve the people it intends to govern and serve

 

Nin yaaban naga daa ciyaarta mise you seeking or already obtained a grant to set up another NGO dealing with law and order if that is the case waa lagaaga hormaray oo paralegalka iyo secretaryga beat you to it.