HARGEISA: EHAHRD-Net denounces verdict against detained journalists in Somaliland

EHAHRD-Net Index: SOM/002/2007 (Public)

March 4th, 2007

The delegation of the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net) currently on advocacy mission in Somaliland, robustly denounces the verdict handed down on three journalists from Haatuf Media Network imprisoned for more than two months for allegedly defaming the President of the Republic of Somaliland.

Yusuf Abdi Gabobe, chairman of Haatuf, was sentenced to two years imprisonment while editor Ali Abdi Dini and correspondent Mohamed Omar Sheikh Ibrahim together with investigative reporter Muhamad Rashid Farah who was tried in absentia received sentences of two years and five months. In addition, the media house was fined 5 Million Somaliland Shilling (estimated US$ 800). However, unexpected was the withdrawal of the operation licence from Haatuf which can be seen as an outright ban of its independent publications.

The verdict was delivered March 4th, 2007 at 9 a.m. at the venue of court, Mandheera Police Training School close to where three of the sentenced journalists are currently held. The verdict follows a brief court session on Thursday March 1st, 2007 at the same venue that saw proceedings in front of an incomplete court with the defence lawyer absent, the application of criminal law instead of the national Press Law and charges brought forward different to those referred to in today’s verdict. The court’s ruling found Yusuf Abdi Gabobe and his fellow accused guilty of insulting the President of the Republic of Somaliland. However, no mention was made in the verdict on the allegations of corruption in Haatuf’s articles that led to the arrest of the journalists. The court furthermore ruled that Haatuf’s work fostered clan division and brought about unrest, while Yusuf Abdi Gabobe was found guilty of resisting public officers during the arrest early January 2007.

Mr. Hassan Shire Sheikh, Chairman of EHAHRD-Net and leader of the delegation to Somaliland, criticised the unconstitutional conduct of the entire case from the arrest of the journalists to the delivery of verdict. “I am calling upon the Government for an immediate and unconditional release of these journalists to let media freedom and the rule of law prevail in this country. The right to a fair trial has clearly been violated and this case will constitute a stain on Somaliland’s otherwise positive human rights record.” He continues his appeal, “I furthermore call upon the Government to lift the ban on Haatuf publications and allow the media to flourish as part of an on-going democratisation process.”

Severe breaches of law were recorded during the delegation’s assessment of the case and its observation of the trial. Among others it was the application of criminal law dating back to the time of the Somalia union in 1960 to try the accused instead of making use of the Press Law that came into force in 2004. This exposed the accused to criminal charges with the possibility of imprisonment compared to measures of civil redress as stipulated by the Press Law. The transfer of the detainees to Mandheera prison, 90 km from Hargeisa, is understood as interference in the jurisdiction of Hargeisa court over this case. The fact that court was held without the presence of a defence lawyer, impaired on its fairness which was further aggravated by the additional charges against Haatuf Media Network that were announced only during the delivery of the verdict and allowed for no chance of defence. The East and Horn of Africa Human Rights Defenders Network is convinced that the detained journalists did not receive a free and fair trial and that the international community needs to speak out on the conduct of justice in Somaliland.

Background

On January 2nd, 2007 the offices of Haatuf Media Network were stormed by police and chairman Yusuf Abdi Gabobe and editor Ali Abdi Dini were arrested. Haatuf’s correspondent in Borame, Mohamed Omar Sheikh Ibrahim was arrested at his home on January 14th, 2007 and detained in Kodbur police station in Hargeisa. The arrests have been made in connection with a series of articles published by Haatuf from November 2006 to January 2007 in which alleged corruption and nepotism practices by Somaliland President H.E Dahir Riyaale’s wife have been exposed. The detained journalists were due to appear before a regional court in Hargeisa on February 4th, but instead were transferred to Mandheera prison, located between Hargeisa and Berbera. Ali Abdi Dini has been charged among others with “offending the honour or prestige of the Head of State” while Yusuf Abdi Gabobe was charged with resisting public officers during his arrest. The author of some of the articles Muhamad Rashid Farah was charged in absentia while remaining in hiding.

For further information, please contact:

Hassan Shire Sheikh, Chairperson EHAHRDP/Net
Telephone contact in Somaliland: +252-2-4121231 (available until afternoon March 5th, 2007)
Email: ehahrdp yahoo.ca

Appeal The Network restates and calls for the following:

• For the Government of the Republic of Somaliland to immediately and unconditionally release the detained journalists;
• For the Government to withdraw the ban on Haatuf and allow for the continuation of its publications;
• For the Government to return all confiscated equipment to its owners in its original state;
• For the Government to observe media freedom and follow the rule of law in bringing justice to its people and respect the rights of the individual.

The Network calls upon its members, supporters and friends to send appeals spelling out your concerns and requests for action as quickly as possible. Appeals should be sent to: (Please note that no postal service exists in Somaliland. Where possible send appeals via email as sending faxes might prove to be difficult.)

President
His Exellency President Dahir Riyaale Kahin
Fax: +252 213 8324; +252 252 3848
Email: sl_victory hotmail.com; sl_victory yahoo.com
Salutation: Dear President

Minister of Interior
Mr. Abdillahi Ismail Shabeel
c/o Ministry of Foreign Affairs or The Presidency
Fax: +252 828 3271; +252 225 3871
Email: slforeign hotmail.com
Salutation: Dear Minister

Minister of Justice
Mr. Ahmed Hasa Ali
c/o Ministry of Foreign Affairs or The Presidency
Fax: +252 828 3271; +252 225 387
Email: slforeign hotmail.com
Salutation: Dear Minister

Commander of the Somaliland Police
Mr. Mohamed Shaqadi Dubad
c/o Ministry of Foreign Affairs or The Presidency
Fax: +252 828 3271; +252 225 3871
Email: slforeign hotmail.com
Salutation: Dear Commander

Copies can be sent to the Somaliland missions (not recognised) with the request to be forwarded to the Somaliland authorities:

Italy
Mr. Muhiyadin Ahmed Abdi Gabose
Representative of the Somaliland Government
Corso Unione Sovietice 465, Torino, Italy

United Kingdom
Mr. Osman Ahmed Hassan
Representative of the Somaliland Government
Somaliland Mission
102 Cavell Street, London E1 2JA, United Kingdom
Fax: +44 207 247 5336

United States of America
Mr. Saad Sheikh Omar Nur
Representative of the Somaliland Government
Washington DC, USA
Fax: +1 301 231 5990
Email: snoor sand.com

Regional Coordination Office
EAST AND HORN OF AFRICA HUMAN RIGHTS DEFENDERS PROJECT (EHAHRDP)
Human Rights House, Plot 1853, Lulume Rd., Nsambya
P.O. Box 11027 Kampala, Uganda
Phone: +256-41-510263(general)/ext.112
+256-41-267118(direct) Fax: +256-41-267117
E-mail: ehahrdp yahoo.ca, hshire yorku.ca
Website: www.yorku.ca/crs/AHRDP/index.html