A/HRC/21/36
and “Somaliland”. In March 2012, for example, the “Puntland” authorities temporarily
closed a private radio station in Bossasso. In 2011, the UNPOS Human Rights Unit
recorded 42 cases of media-related human rights violations (23 in Mogadishu and
southern/central Somalia, 10 in “Somaliland” and 9 in “Puntland”). As at August 2012,
some 22 cases of arbitrary arrest of journalists had been recorded by throughout Somalia.
34.
Human rights defenders working in areas under the control of Al-Shabaab reported
to OHCHR threats to their life. In areas of Somalia not currently enduring armed conflict,
human rights defenders continue to face enormous constraints and risks in their work. Their
protection remains a key challenge.
35.
Judicial institutions are weak in Somalia. Traditional Somali law, Xeer, which
operates in the context of the clan system, is a defining feature of Somali society. The
erosion of the authority of clan elders, however, has made the application of Xeer difficult.
Nevertheless, many Somalis feel that, given the widespread respect for Xeer, its principles
could still be usefully applied. Islamic law has also been used widely as a means of
resolving disputes. There are, however, significant disagreements with regard to its proper
interpretation and practical application. The Somali justice system is male-dominated; for
example, in 2008, there were only four women lawyers in “Somaliland” and no female
judges or prosecutors.
36.
In particular, the application by Al-Shabaab of extreme measures and punishments
under sharia law violate international human rights law. Cases of extrajudicial executions
and the corporal punishment of citizens, including amputation and flogging, on the basis of
a strict interpretation of sharia law in criminal cases, in violation of the Somali Penal Code
and of international human rights law, are common and carried out with impunity.
37.
Many areas under control of the Transitional Federal Government, in particular the
newly recovered areas in southern and central Somalia, lack a functioning police service
and a judiciary. In Mogadishu, in 2011, six executions and 32 death sentences were
reported following military court trials that lacked basic guarantees of fairness.
38.
Cases of arbitrary arrests and illegal detention of civilians by the police and security
forces of the Transitional Federal Government were also reported, as were requests for
bribes or ransom by police or prison custodians. Detainees do not have access to adequate
food or appropriate sanitation. Conditions in prisons and detention facilities do not comply
with international human rights standards. People arrested by the authorities do not have
access to a lawyer or a judge, and are released only once their case is settled among clan
elders.
39.
The absence of a well-functioning police service and judicial system has also
deprived the population of “Puntland”, and especially detainees, of the right to a fair trial.
Capital punishment is imposed; in 2011, four executions by firing squad were reported.
40.
Impunity remains one of the greatest challenges in Somalia. Owing to the absence of
State authorities, perpetrators of human rights violations are not held accountable and
victims do not receive restitution. It is critical that the issue of impunity, including the
legacy of past atrocities, is addressed and that justice and reconciliation are assured, as
recognized by Somalia in its national report submitted for its universal periodic review. 8
41.
The Independent Expert on the situation of human rights in Somalia has flagged the
importance of developing justice and reconciliation mechanisms, including during his
recent visit to Mogadishu on 4 September 2012. Paragraph 12 of the Istanbul Declaration
echoed this position. The pace and timing of any transitional justice-related activities
8
8
A/HRC/WG.6/11/SOM/1.
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