16-Year-Old Girl Jailed In Grossly Unfair Espionage Trial Should Be Released And Rape Allegations Investigated

http://allsomalianews.com/news1/eng/news_item.asp?NewsID=1418

African Rights Statement on Zamzam verdict: An Unfair Trial, a harsh judgement

http://allsomalianews.com/news1/eng/news_item.asp?NewsID=1413

5 year prison sentence for a 16-year old student (Samsam) in Somaliland

Hargeisa, 16.12.04 – In one of the most surprising legal sessions in modern history, a judge in Hargeisa sentenced a minor to a 5 year prison sentence without access to legal representation.

The minor, 16-year-old Samsam Ahmed Du’ale was held without trial since August. Charges of espionage, deception, and attempted assassination of Somaliland’s Vice President were levied against her. The judge also dismissed charges of rape, torture and unlawful imprisonment brought against Somaliland’s Criminal Investigation Department (CID) and police by the plaintiff, Samsam Ahmed Du’ale. The same judge handed out 3 year prison sentence for her lawyers earlier this week denying of the defendant the right to a Council. Contempt of court was the reason for the lawyers arrest. Consequently, no legal representation was availed to the minor and was left to defend herself against the said charges.

The precarious nature of the case and its legal implications would demand a seasoned solicitor and council on behalf of the plaintiff even in the most lenient of courts. Unfortunately, the 16-year-old high school student appeared in court representing herself in seeking the rescinding of the alleged espionage and attempted assassination against her by the prosecutor who demanded a life sentence.

Irregularities, peculiar conduct and scare tactics against civil society groups, and the imprisonment of human rights activists in Somaliland, who took on the case of the minor, have marred the case.

Astounding to many was the manner in which the case had been conducted. The cavalier fashion and complete disregard of the law and legal proceedings by the judge presiding over the case has angered many in the general public. Denying the minor of legal representation is viewed the most critical and injurious while coercing the plaintiff into confession in return for leniency is the most repellent.

“This really was a case of total mockery of justice. How could you have a young child stand accused, and deny her of council only to have to defend herself in a court room” said Da’ud Xussein, a teacher at one of Hargeisa high schools whom I have met shortly after learning of the 5-year sentence.

“The process showed the frailty of the legal system in Somaliland which only exits in name. The judge showed a complete lack of understanding of what the law and the legal proceedings entail in the truest sense of the word” he added.

Human rights activists, organisations for women’s rights, and women in general found the case mostly disturbing.

“It is depressing to witness the total disregard of the rights of the ordinary persons, and what is occurring in Somaliland today after all that had happened in the past. ” said Safiya Mohamed, a resident of Hargeisa’s Sh. Madar district.

“As a mother I feel disgusted with the way the case has been handled. Even if no wrong had been done to the girl [Samsam], the conduct of the Court, the Judge and the Government speaks ill of how desperately oblivious and inadequately equipped they are in trying what should have remained a minor case. Why all the secrecy. Why the absurdity and cavalier conduct” she added.

Others view the case as a litmus check for the credibility of the legal system and that of the government in Somaliland. The integrity of Somaliland’s Vice President, Ahmed Yasin has been questioned with some in Hargeisa calling for his resignation: a man whom many felt unjustly influenced the case, but unfortunately should have come to the rescue of the accused child. But as things generally are with government officials in this part of the world, it was not to be.

There are reports that Somaliland’s VP, Ahmed Yasin, a former resident of New York submitted a pardon shortly after the sentence nullifying all charges against the plaintiff. This I learnt came as result of a settlement reached between the plaintiff and the prosecutor representing the government. The plaintiff is said to have agreed NOT to press any civil charges of rape and torture against the CID and the police. The plaintiff is also required not to speak to the press, and to deny any wrongs being done onto her. The Vice President in return would pardon the plaintiff. And so should end the case.

Attempts to obtain copies of the court proceedings and rulings had been unsuccessful as these are not accessible to the general public, nor to the media.

Mohamed A Ali
Freelance Journalist
gorayocawl@yahoo.com