In principle, judges must be free to carry out their duties without interferences from other institutions of government. They should be free from harassment or persecution as they are the guarantors of the protection of Human rights. On the other hand, judges and prosecutors are subject of disciplinary actions. Unless the system is conforming to that method, there is no independence of judiciary. If there is no independence of judiciary, judges are not accountable to the people. Therefore, the fundamental human rights of people will be meaningless. Evidently, the current working system in Somaliland judiciary reflects such an image.
Big numbers of illegally detained people live in hardships are in Somaliland prisons as inspection group sent by government reported recently. However, the response of such report was not taken in accordance with the common sense. The HJC—High Judiciary Commission, the responsible institution to discipline judges, sacks only the judge who was reported to have released Somali pirates while those committed infringements are still remaining in office.
The presiding judge of Hargeisa Appellant court was removed recently as he was alleged to have violated the jurisdiction of another court. The case was relating to the conversion of imprisonment period into fine payment according the penal law. But the released Somali pirates were convicted by a court in Berbera that had jurisdiction over the case instead of the Hargeisa court.
In this regard, I would like to put question to the HJC. If you removed the one who made release, how did you accept that the officials who made illegal detentions are being remained in office to keep on violations?
I can say to the HJC “you have tripped in the first step”. You started the job from the last line of the queue. The freedom and rights of the people live in the prisons was infringed while those committed are blameless on your part.
Our people need sustainable judiciary reform system rather than judiciary deform. Judiciary deform is the unproductive system not more than replacement of person with person.
If release of detainees is crime for you (HJC), detention of innocents is crime for the people. Unless you take immediate action for the illegal detainees crying from the prisons, the community including the lawyers will wage IRHAL (Irxal) campaigns for change.
Instructor & Legal Advocate
Hassan Ali Hassan
Email: qareenxasan@hotmail.com
Phone: 440721
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