Somaliland's Erosion of Justice: Collaborative Breach of Human Rights Through Unlawful Detentions and Military Trials

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In recent years, the Somaliland National Intelligence Agency (NIA) has faced mounting scrutiny for its alleged involvement in illegal detentions, marking a serious violation of both national laws and fundamental human rights principles. One particularly alarming incident has cast a harsh light on the agency's conduct: the detention of a journalist who was subsequently tried in a military court. This event not only underscores concerns about the NIA's overreach but also highlights the misuse of military courts, which should strictly preside over cases involving armed individuals committing crimes.

Somaliland's Constitution stands as the supreme law of the land, providing a foundational framework for governance and the protection of citizens' rights. Article 104, known as "The Courts and Procuracy of the Armed Forces," explicitly delineates the jurisdiction of military courts. It states that these courts are intended to try armed individuals for offenses related to their military service, emphasizing the importance of military courts operating strictly within their designated scope and refraining from adjudicating civilian cases.

The most troubling incident that underscores the NIA's abuse of power centers around the detention of a journalist—a civilian who should rightfully be subject to civilian legal processes. Despite the journalist not being accused of any military-related offenses, the NIA chose to bypass appropriate civilian courts and subjected the individual to a military trial.

As per constitutional mandate, military courts are designed to handle cases involving armed individuals committing crimes related to their military service. However, reports from the year 2023 reveal an alarming trend: the military of Somaliland intervened in and adjudicated over 20 civilian cases during that period alone. This blatant disregard for legal protocols and human rights standards is deeply unsettling.

The detentions and subsequent trials of civilians in military courts represent clear violations of fundamental human rights. The right to a fair trial, as enshrined in international human rights instruments, is being blatantly undermined by the NIA's actions. A fair trial entails being judged by an impartial and competent tribunal—a standard that military courts may fail to meet in cases unrelated to military service.

The Somaliland National Intelligence Agency's persistent disregard for the rule of law and human rights principles, as evidenced by its illegal detentions and trials in military courts, raises profound concerns. Urgent corrective measures must be taken to restore trust in the country's legal institutions and safeguard the rights of its citizens. The international community bears a responsibility to closely monitor the situation, urging Somaliland authorities to promptly address these issues and uphold the fundamental principles of justice and human rights.

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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