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

By -

 

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 a lawyer, legal analyst, and commentator with over a decade of experience in program management, research, and human rights advocacy. He holds master’s degrees in both law and executive management, which have equipped him with a unique blend of legal expertise and leadership acumen. Throughout his career, he has worked with numerous national and international non-governmental organizations, driving impactful initiatives in the areas of human rights, policy development, and social justice. Currently, Yousef serves as the Country Coordinator for Somalia and Somaliland at SIHA Network, where he leads efforts to advance women's rights and advocate for marginalized communities.

Comments

Post a Comment

Popular posts from this blog

The Threat to Data Privacy in Somaliland: Telecommunication Companies and Electronic Banking Exposed

By -
Introduction: The collapse of Somalia’s central government in 1991 left a vacuum in the country’s economic and political infrastructure, leading to a period of uncertainty. Despite this instability, Somaliland managed to rebuild key sectors, including telecommunications and banking. In the absence of a centralized government, the private sector stepped in to fill the void, with the first telecommunication companies emerging in the early and mid-1990s. These companies introduced a new era of connectivity, transforming Somaliland into a hub of technological growth and economic opportunity. By the mid-1990s, private telecommunication companies began offering basic services, catering to the increasing demand for reliable communication in the region. Over time, these companies grew exponentially, with the introduction of mobile banking services like Zaad and E-Dahab further revolutionizing daily life. The adoption of these platforms brought an unprecedented level of convenience to Somalila
Read more

Shattering Myths: Confronting the Cultural and Religious Misconceptions that Sustain FGM

By -
Female Genital Mutilation (FGM) remains deep-rooted in certain cultures, particularly in Somali regions, despite global human rights efforts to eradicate it. One of the most persistent arguments used to justify FGM is the claim that it is a religious obligation. However, this justification is rooted more in cultural misconceptions than in religious doctrine. Another complex factor is the belief that men, including fathers, should not interfere in what is considered a "woman's affair," such as decisions about FGM for their daughters. These dynamics present significant challenges to efforts aimed at protecting girls from this harmful practice. The belief that FGM is a religious requirement, particularly within Islamic communities, is widespread but incorrect. Many argue that FGM, particularly the Sunna cut is mandated by Islam. The term "Sunna" refers to the practices of the Prophet Muhammad, leading to the misconception that this form of FGM is a religious obli
Read more

Clan Rivalry and the Hijacking of Somaliland's Democracy: A Crossroads for the Nation's Future

By -
  Clan rivalry in Somaliland has become a critical issue, undermining not only its democratic institutions but also the societal fabric that holds the country together. While democracy should offer a platform for merit-based leadership and accountability, clan politics have hijacked this process, reducing political engagement to a mere tribal contest. One of the most troubling aspects of clan politics is its influence over Somaliland’s educated youth and intellectuals. In theory, the youth—especially university students and lecturers—should be at the forefront of advocating for progressive policies, holding political leaders accountable, and guiding society toward development. Unfortunately, the reality is quite the opposite. Clan elders, who traditionally wield significant social and political power, continue to dominate the political landscape by rallying the youth under the banner of clan loyalty. Instead of raising critical thinking and promoting national interests, these elders
Read more

SOMALILAND CAN MAINTAIN ITS DEMOCRACY BY PROTECTING HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS.

By -
The public order and security law should be repealed and the police force completely overhauled. Peaceful protest or nonviolent resistance is the act of expressing grievances through a statement or action without resorting to violence. This type of protest has been used to advocate for a wide range of causes, including human rights concerns and opposition to various political or governmental policies. Participating in a march or a sit-in, wearing a specific symbol, and passing out fliers are all examples of generic techniques When people are tense and want to hold peaceful rallies to express their grievances, the government in Somaliland suppresses peaceful protests by tightening security in the cities Drought and economic hardship as a result of climate change, as well as the pandemic, are now affecting Somaliland society.  Protests have erupted in recent days as a result of price hikes in public services, a lack of water, and increases in fuel and food prices. Furthermore the oppos
Read more

Clan Dynamics in Somaliland: Straining Democracy and Human Rights

By -
  This article explores the detrimental impact of the clan system on democracy in Somaliland, and highlights the challenges faced in achieving fair and inclusive elections and the consequences of the clan system on society and governance. The article aims to raise awareness and promote efforts to address these challenges. Somaliland, a self-proclaimed entity in the Horn of Africa, encounters substantial hurdles in upholding a robust democracy and safeguarding human rights. The enduring influence wielded by the Clan system and traditional elders has emerged as a significant impediment to both progress and accountability. Despite conducting regular elections and presenting a functional democratic framework in contrast to its war-ravaged neighbor, the persisting presence of the Clan system and traditional elders remains a formidable obstacle to the country's democratic institutions and human rights track record. Following a devastating civil war, Somaliland declared independence f
Read more

Empowerment Beyond Neglect: Urgent Reforms for the Rights of People with Disabilities in Somalia

By -
  Today, on this International Day of People with Disabilities, let us unite in demanding action from Somalia's authorities and stakeholders. It's time to move beyond rhetoric and take tangible steps towards creating a more equitable, inclusive society—one where the rights and dignity of every individual, regardless of ability, are upheld and protected
Read more

Somaliland's National Intelligence: A Threat to Human Rights and Security

By -
  In this article, we will explore the concerns surrounding Somaliland's National Intelligence Agency. Despite being a non-law enforcement agency, it operates detention centers, which is illegal and poses a threat to human rights and national security. Additionally, we will discuss how the agency's focus on limiting freedom of speech hampers its ability to fulfill its responsibilities. The National Intelligence Agency (NIA) is a critical entity responsible for safeguarding Somaliland's national security. It plays a crucial role in gathering intelligence, counterintelligence, and protecting the country's interests both domestically and internationally. The agency was established with the purpose of safeguarding national security and collecting intelligence information, operating independently from the police. Its primary focus is to ensure the safety and welfare of the citizens of Somaliland. Its primary responsibility is to collect and analyze intelligence to support
Read more

The silent war: domestic violence against women in Hargeisa, Somaliland

By -
  By: Fatima Nuur , Naima M, Hassan and Ayan Mohamed Jama   Domestic violence is a widespread threat to the rights of women. Its effects can include harm to the individual’s health, mental and emotional well-being as well as their social and economic standing. In Somali culture, it is common for men to yell at, slap, ignore, or abuse their wives. Interestingly, the majority of women in rural and specific urban areas feel their husbands have the right to abuse them if they neglect their responsibilities and alleged duties.   According to the Somaliland H uman Rights Commission, the number of instances of domestic abuse they have documented has increased since last year, yet the majority of survivors do not report to the office out of fear of social stigmatization. In the last nine months alone, the SHRC complaint office received 52 cases of domestic abuse, compared to 48 in 2021.   Violation of women’s rights is a violation of human rig:”:”   Most Somali men have toxic mascul
Read more

Empowering Families: The Importance of Family Law

By -
  The position of legal plurality is characterized by overlapping and sometimes conflicting nonhierarchical coexistence of statutory law, customary law ( Xeer ), and sharia. All three systems of law are available in Somali territories, especially in the major towns. the numerous, overlapping, and even contradicting sources of law, determining primacy and jurisdiction has become extremely difficult and contentious. This, together with a widespread public misunderstanding and distrust of formal judiciary, and efforts by some Islamic court leaders to impose fundamentalist beliefs through Shari'a, creates a dangerous combination. Sharia and customary law are applied in Somaliland to resolve personal and family issues. The 1975 Family Law is not commonly used, despite the fact that Somaliland inherited laws passed by Somalia prior to 1991, such as the Somali Penal and Civil Codes, which are still in effect in its courts. In the 1970s, Somalia experienced a progressive shift in fami
Read more