Upholding Dignity in the Judicial Process: A Call for Respectful Treatment of Detainees in Somaliland.

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In the pursuit of justice, the treatment of individuals within the legal system must adhere to fundamental principles of human dignity and fairness.

The international community has long recognized the fundamental human rights of individuals, even in situations of detention or imprisonment. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment is a cornerstone in safeguarding these rights universally.

The Body of Principles, established by the United Nations General Assembly in 1988, unequivocally states that there should be no restriction or derogation from the human rights of individuals under any form of detention or imprisonment. This includes but is not limited to, the right to humane treatment, access to legal counsel, protection against torture or cruel, inhuman, or degrading treatment, and the right to a fair trial.

Somaliland, as a responsible member of the international community, voluntarily accepted the obligations outlined in various international treaties and norms that protect human rights. By voluntarily acceding to these agreements, Somaliland committed itself to respect, protect, and fulfill the rights enshrined in these instruments, even when administering justice or managing detention facilities.

Respecting these international norms necessitates not only the acknowledgment of their existence but also their practical application within the domestic legal framework. Somaliland must ensure that its legislation, policies, and practices align with the international obligations it has undertaken. This includes the establishment of mechanisms to monitor and review detention conditions, investigate alleged human rights violations, and hold accountable those responsible for any infringements.

In Somaliland, a pressing concern arises concerning the respectful treatment of detainees during their transfer to court for trial. Instances have surfaced where police officers, in contravention of these principles, have failed to afford detainees the dignity they deserve, chaining them together and transporting them openly in uncovered vehicles, exposing them to public scrutiny.

The bedrock of any just legal system rests upon the principle that every individual is presumed innocent until proven guilty. However, the treatment of detainees by Law enforcement during their transfer to court profoundly impacts their perceived innocence and dignity. The act of chaining individuals together and transporting them visibly in open vehicles inherently violates their rights and undermines the presumption of innocence, casting a shadow on the impartiality of the judicial process.

The Somali Criminal Procedure Code (Art. 100) enshrines the protection of the rights and dignity of detainees. It explicitly outlines that before the commencement of trial proceedings, it is the responsibility of the presiding judge to ensure that detainees are unrestricted, thereby safeguarding their dignity. This legal provision reflects the recognition of the inherent rights of individuals accused of crimes and underscores the obligation to treat them respectfully and preserve their dignity throughout legal proceedings.

The act of chaining detainees together and transporting them openly not only infringes upon their dignity but also has psychological and social ramifications. Such treatment can lead to stigmatization, prejudice, and a prejudgment of guilt in the eyes of the public, affecting not only the individual on trial but also their families and communities. It is imperative to acknowledge that the impact of this treatment extends far beyond the courtroom, perpetuating a cycle of injustice and undermining the fundamental tenets of a fair and just legal system.

To uphold the integrity of the judicial process and honor the principles of justice, it is incumbent upon law enforcement agencies and judicial authorities in Somaliland to adhere strictly to the provisions set forth in the Somali Criminal Procedure Code and the international principles. Respect for the dignity of detainees is not only a legal mandate but also a moral imperative that must be upheld at all stages of the legal process.

Efforts should be directed towards implementing comprehensive training programs for law enforcement personnel to sensitize them to the importance of treating detainees with dignity and respect. Additionally, mechanisms should be established to ensure compliance with the legal provisions regarding the treatment of detainees, with stringent oversight and accountability measures in place to address any violations promptly.

Somaliland's government must collaborate with civil society organizations, legal experts, and international bodies specialized in human rights to promote awareness, provide training, and foster a culture of respect for human rights within the criminal justice system. Such partnerships can aid in the development of comprehensive strategies aimed at improving detention conditions and ensuring respect for the rights of individuals in custody.

The treatment of detainees in Somaliland before their trial profoundly impacts their fundamental rights and the integrity of the judicial process. Upholding the dignity of individuals accused of crimes is not merely a legal obligation but a fundamental aspect of a fair and just legal system. It is imperative to translate legal provisions into concrete actions that affirm and protect the dignity of detainees, thereby ensuring a more equitable and just society for all.

It's crucial to continually advocate and reinforce the importance of these principles to safeguard the rights of individuals, even in the most vulnerable situations, thereby fostering a culture of respect for human rights and dignity within Somaliland's legal and justice system.

 

Yousef Timacade is lawyer, legal analyst and commentator. He has a master's degrees in law and executive management, and has been working with national and international non governmental organizations for the last ten years in the areas of program management, research, and human rights.

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