A/HRC/21/61
placement of the Commission under the Ministry of Justice, however, raised concern about
its likely effect on the Commission’s independence. The Independent Expert conveyed his
concerns thereon to the Minister for Justice, Hassan Ahmed Aided, whom he met during
the mission.
29.
The regional authorities continued to take progressive steps towards strengthening
the justice and security sectors. In June 2011, the Ministry of Justice launched, with the
support of UNDP, a national justice strategy, which sought to harmonize traditional law
(Xeer), religious law (sharia) and formal justice policy, to strengthen the capacity of the
judiciary and to ensure their independence in conformity with human rights standards. It led
to the dismantlement of the regional committees, which had caused serious human rights
violations in the past. There was, however, concern about certain patterns of intimidation,
arrest and detention of journalists to curb freedom of expression and opinion and the rights
of media. In July 2011, the Ministry of Justice, with the support of UNODC, conducted a
study on the situation of detainees in Somaliland. According to the study, 70 per cent of
prison inmates were sentenced by first instance court without the opportunity to appeal
against their conviction.
30.
The study showed that, among prison inmates, the majority were on remand or
prolonged detention without charges, including one prisoner who was held in remand for
four years. It concluded that the pretrial rights of inmates had been violated and neglected
by relevant authorities. The main reasons for these violations included lack of coordination
between police forces, custodial corps, the Attorney-General’s Office, lawyers and courts,
as well as the fact that existing prison administration legislation was outdated and
incompatible with the Somaliland Constitution and international human rights standards.
31.
The Independent Expert discussed the above concerns with the Minister for Justice,
who informed him that, given that the rights to freedom of expression, opinion, press,
association and assembly were guaranteed by the Somaliland Constitution, no journalist
could be arrested without a warrant unless they went beyond their rights. He regretted that
most journalists had no academic background in the field, lacked professionalism and were
primarily keen to broadcast sensitive information. The Minister sought technical assistance
of the Office of the United Nations High Commissioner for Human Rights (OHCHR) to
develop a comprehensive media law that was compliant with human rights standards.
32.
The Independent Expert was apprised of efforts by the Somaliland authorities to
combat piracy. He learned from UNODC that Somaliland had made progress in eradicating
piracy in its coastal area. He was informed about the arrest off the waters of Seychelles of
alleged Somali pirates, who were charged with piracy, convicted and subsequently
transferred to serve prison sentences in Somaliland under an agreement between the two
sides. During his visit to Hargeysa Central Prison, the Independent Expert spoke with the
convicted pirates, who were sentenced to terms of 10 to 20 years of jail. The prisoners
complained about the denial of due process in that they had not been given the right to
appeal under Seychelles law. The Independent Expert passed on this complaint to the
Minister for Justice, who stated that Somaliland was satisfied about the fairness of the trials
as it had sent a representative to Seychelles to monitor them. He had also asked the Human
Rights Unit to look into the matter.
33.
The Independent Expert conveyed his dismay to the Minister for Justice that, despite
his earlier calls, both young girls and boys were still being put in jail for disobedience to
their parents. The Minister acknowledged that secular tradition and customary practices
would not disappear overnight; however, since the inception of the current regime in 2010,
efforts had been made to adopt and apply a juvenile law. As a result of awareness-raising
campaigns for parents, the number of cases had dropped significantly. He added that the
Government had established a special section for the rehabilitation of children within the
Ministry of Justice to deal with children in conflict with the law.
7
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