The work of the prosecution office in any country is
very important. The office handles enormous tasks in which lives and liberties
of human beings are in question. People are prosecuted for crimes their
punishments may take away their life, property, liberty and dignity. How the
office functions is of a paramount importance to the criminal justice system.
Equality before the law, fair hearing and presumption
of innocence are fundamental rights enshrined in Somaliland constitution
and in the international human rights instruments such the Universal
Declaration of Human Rights.
Constitutionally, Somaliland Attorney General, whose
functions are set out in the constitution and Acts of Parliament, shall be
impartial. The constitution further states that the Office of the Attorney
General shall be independent from the executive and legislative branches. Such
independence warranted by the constitution is vital for Somaliland criminal
justice system.
Unlike many countries, Somaliland solicitor general
and the minister of justice are not constituent parts of the Office of the
Attorney General. The objective was to distance the prosecution office from the
influence of politics and partism.
A salient feature of any good prosecution office is existence
of accountability; accountability for the individual prosecutors and the
Attorney General himself so that aggravated individuals are able to complain.
Accountability helps to challenge arbitrary and abusive decisions and
ascertains realization of objectivity and impartiality. Lack of accountability
and procedures that give the people opportunity to complain undermine rule of
law and justice.
According to the UN Guidelines on the Role of Prosecutors
“prosecutors….should
be made aware of the ideals and ethical duties of their office, of the
constitutional and statutory protections for the rights of the suspect and the
victim, and of human rights and fundamental freedoms recognized by national and
international law”. These freedoms include respect and protection of freedom of
expression.
In this year, Somaliland Office of Attorney General
initiated increasing
number of criminal cases against journalists. Currently six journalists are
facing criminal trials before the courts. Three newspapers, namely Hubsad, Xog
Ogaal and Codka Shacabka, were suspended
on the decision of the Attorney General. The prosecuted journalists are charged
for acts related to their work as journalists.
On 2011 the Attorney General, Hassan Ahmed Adam,
issued a decision temporarily banning registration of new media houses. The
Attorney General did not issue another decision rescinding or repealing his
previous decision. The Press Law provides the procedure in which media houses
are to be registered. The Law does not permit the Attorney General or any other
government official to suspend registration of media houses, a constitutionally
guaranteed freedom. Journalists who tried to take over already registered media
houses because of the difficulty in getting new registration are either prosecuted, such as Hubsad
journalists, or their media houses are suspended by the Attorney General. Xog
Ogaal and Codka Shacabka newspapers as well as Hubsad newspaper are clear examples.
The Office of the Attorney General prefers to apply
the outdated Somali Penal Code
which predates the constitution and the Press
Law.
The latter two decriminalize media.
Somaliland Attorney General need to know that freedom
of expression is constitutionally protected. The main task of the Office of
Attorney General is to fight crime, not to prosecute journalists.
I conclude emphasizing that along with authority comes
accountability. In this globalized world where many people have dual
citizenship, if justice in one country does not work for victims, it may work
in the other country.
The views expressed
in this article are mine and do not represent any entity.
Guleid
Ahmed Jama
Human rights lawyer
Hargeisa Somaliland
Follow on twitter @GuleidJ
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