A/HRC/21/61
G.
Treatment of prisoners
81.
During his visit to Somalia, the Independent Expert visited several detention centres
in Puntland and Somaliland. He found that, in a significant number of cases, detentions
were either unlawful or arbitrary, with prisoners detained without a legal basis. He was also
shocked to find women and girls detained for “disobeying” their parents or husband.
Detention conditions were close to inhumane, and water and sanitation were frequently
lacking. Ventilation was poor, with only small slits for windows. Prisons were overcrowded
and stifling hot. Inmates slept on bare floor. The principle of separation between juveniles
and adults, criminals and others was not always respected. Most inmates in Puntland and
Mogadishu were accused of such serious crimes as murder, piracy or having links with alShabaab; for a significant number of cases, however, detentions appeared to be either
unlawful or arbitrary.
82.
The Independent Expert was unable to visit the prison in Mogadishu because of
security reasons. He was subsequently informed, however, that a team composed of
UNODC, the OHCHR/UNPOS Human Rights Unit and UNICEF had made an assessment
of the Mogadishu Central Prison and held meetings with Government officials from various
institutions within the criminal justice sector, including representatives of the Ministry of
Justice, Religious Affairs and Endowment, Custodial Corps, and the judiciary. Members of
the assessment team had also consulted with representatives of civil society and
interviewed prisoners detained at the Mogadishu Central Prison. This is a welcome
development.
V. Other developments
83.
The reporting period also witnessed greater engagement by the international
community to take the road map forward. A number of important meetings were held,
including the meeting of the Intergovernmental Authority on Development, held in January
2012; the meeting of the International Contact Group on Somalia, held in Djibouti on 5 and
6 February 2012; the London Conference on Somalia, held on 23 February 2012; the
Istanbul Conference on Somalia, held on 31 May and 1 June 2012; a meeting of the
International Crisis Group, held on 2 and 3 July 2012 in Rome; and the Dubai meeting on
27 and 28 June 2012. The aim of the meetings was primarily to move the road map
forward, bring the recalcitrant parties together, help resolve disagreements, offer support
for the implementation of the road map and warn “spoilers” of adverse consequences.
84.
Another important development was the signing of a memorandum of understanding
by the Transitional Federal Government and OHCHR, on 11 May 2012. The memorandum
aims at helping the Government to fulfil its commitment to uphold human rights and the
rule of law in Somalia, to bring an end to the culture of violence and impunity, and to
establish accountability.
VI. Conclusions and recommendations
85.
Recent developments in Somalia indicate that the country has reached a
turning point in its tortuous recent history. Efforts by all concerned, including the
United Nations, the African Union, AMISOM and the international community, have
helped Somalia to move towards peace and normalcy. Whether this will actually be
achieved within the time frame laid down by the road map depends on the leadership
and people of Somalia. There are indications that the road map has progressed
steadily in recent months. Challenges remain, however. The deadline of 20 August
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