A/HRC/32/12
subjected to torture or inhumane treatment, and that the right to legal representation and a
fair trial was guaranteed. All law enforcement and security agencies, including the National
Intelligence and Security Agency, adhered to the constitutional laws of the country.
25.
It remained a challenge for the Government to prevent the killings of journalists.
However, the Office of the General Prosecutor had taken steps to prevent perpetrators from
enjoying impunity and freedom. It had conducted investigations into the killings of
journalists to bring suspects before courts of law.
26.
The Government worked tirelessly to prosecute all crimes of assassination. One of
the groups most targeted by armed terrorist groups was government officials. In the past
three years, about 24 judges and prosecutors had been the victims of targeted killings.
27.
With regard to the justice sector, the Attorney General indicated that securing access
to qualified and competent legal aid remained challenging. To improve the credibility and
independence of the judicial system, the Government had worked to strengthen access to
justice for members of vulnerable groups, including women and internally displaced
persons.
28.
The Ministry of Justice had been working to improve the capacity of the judiciary.
The Office of the Attorney General was continuously working to enable the prosecution of
suspects of crimes, such as terrorism and piracy, in accordance with the principles of due
process. Concerning piracy, the Government had worked to interrupt criminal activities at
sea, strengthening domestic maritime law-enforcement capacity and addressing the root
causes of maritime crime on land. A ban on ransom payments for piracy hostages had not
been feasible due to the lack of enforcement capacity.
29.
The number of qualified police investigators, judges, prosecutors and other staff in
the judiciary had been increased. More than 30 judges and prosecutors had completed a
two-year judicial training programme. The Office of Attorney General had also recruited 20
more new prosecutors, including six women.
30.
The courts had delivered a number of significant judgments, directly invoking both
constitutional provisions and national laws. Judgments relating to sexual violence against
women and children had also been passed. The Government had been vocal about the
passing of these judgments to make citizens aware that impunity would not be accepted in
Somalia.
31.
The Attorney General stated that elimination of the death penalty was something
that required a long process. The Somali provisional Constitution prescribed sharia law as
the paramount law. Sharia law provided for the death penalty for a limited number of
crimes. Somalia was reviewing penal procedure codes to reduce the number of crimes for
which the death penalty was applied, and was looking into alternative penalties, such as life
imprisonment, for other crimes that carry the death penalty.
32.
Concerning torture, the Attorney General affirmed that the Government did not
condone torture or ill-treatment of any person. All law enforcement and security agencies
adhered to that principle. The Government was working to raise awareness that there could
not be any circumstances in which torture was permissible.
33.
There had been no forced evictions of internally displaced persons in Mogadishu or
anywhere else in Somalia. In Mogadishu, internally displaced persons were living in camps
managed by non-governmental organizations, which were monitored by the Government to
ensure full protection and assistance to the people concerned. Court workers had gone to
the camps to listen to their complaints and had taken the necessary action to contact the
relevant authorities for follow-up. No one had been arbitrarily evicted from their home and
the Government did not allow this to happen.
6
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