A/HRC/21/61
law, which called for the establishment of children’s courts, pretrial detention centres and
rehabilitation centres remained unimplemented.
F.
Freedom of expression and the media
75.
Democratic freedoms, including the freedom of opinion and expression, were
restricted throughout Somalia. In such a repressive environment, all parties, State or nonState, sought to control and restrict the scope of freedom of opinion and expression on
grounds ranging from protection of the national interest, State security through to public
morality. It affected the work of, inter alia, journalists, who in all parts of Somalia were
subjected to harassment, intimidation, unlawful or arbitrary arrest and detention at the
hands of both Government authorities and/or militia groups. Several journalists received
threats to life or were assassinated because of their work and the information they
disseminated.
76.
In Somaliland, the authorities maintained tight control over the media. There was
only one State-controlled radio station, which operated under strict Government guidelines.
The Government of Somaliland had consistently prohibited the establishment of private FM
stations. At the end of 2011 and in January 2012, a spate of arrests and harassment of
journalists was reported, with the notable case of 21 journalists arrested on 15 January
while protesting against the closure of a television station.
77.
In Puntland, despite the President’s stated commitment to greater openness, the
media still faced restrictions in their coverage of political and security issues. A prominent
radio journalist and member of the National Union of Somali Journalists was shot dead by
three men in Gaalkacyo on 2 May 2012. No arrests for the killing have been reported. In
another incident, on 24 May, a journalist working with Radio Shabelle was shot dead by
four unknown assailants. This recent assassination brought the number of journalists
assassinated in Somalia since the beginning of 2012 to six.
78.
On 3 March 2012, the police raided the premises of Codka Nabadda, a private radio
station broadcasting from Boosaaso, Puntland, confiscated radio and other equipment and
closed down the station. The station director was arrested and remained in detention,
without charge, until the end of April. The raid was reportedly conducted following a news
story broadcasted by the radio station, in which it was reported that clashes had erupted
between the Puntland administration and militants affiliated to Al-Shabaab near the Galgala
area (Bari region).
79.
On 5 March 2012, equipment belonging to reporters of Universal TV and Raxanreeb
online radio and to a photographer for the Eastern Television Network were confiscated by
the security officers working for the Puntland Deputy Security Minister. This incident
apparently took place after the journalists covered a press conference called by General
Abdullahi Said Samatar. The equipment was returned several days later. The General, who
is a former Minister for Security, has political ambitions and intends to run for presidential
office.
80.
While the Constitution of Puntland guarantees the right to freedom of expression,
the Media Law of 1999 prohibited the media from disseminating, inter alia, reports that
threatened or damaged the security, economy, dignity and general interests of Puntland.
Anyone who acted contrary to these provisions was liable to prosecution. A clear definition
of what would threaten or damage the security of Puntland was not provided and, as such,
the law was open to abuse.
14
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