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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