OPINION Summary executions in Somalia Recent executions in Somalia put the quality of justice delivered by military courts into question. Last updated: 24 Aug 2014 12:52 Laetitia Bader Laetitia Bader Laetitia Bader is an Africa researcher at Human Rights Watch. RSS LISTEN Email Article Print Article Share article Send Feedback Three men found guilty by a Somali military court of killing civilians and masterminding a recent attack on the Presidential Palace were tied to poles shortly before they were executed by a firing squad in capital Mogadishu August 3, 2014 [Reuters] Somalias military court sentenced three men to death on July 30 for alleged membership in the armed Islamist group Al-Shaabab and involvement in attacks in Mogadishu, the capital. Four days later, the Somali media posted to Twitter photographs of their limp, hooded bodies tied to poles. Such rapid executions once again call into question the quality of justice in Somalias military courts. The government should try civilians before civilian courts, respect the presumption of innocence, ensure that confessions are not extracted under duress, and allow defendants adequate time for appeals. Sadly, Somalias new military court chairman, Col Abdirahman Mohamed Turyare, has boasted of flagrant violations of these requirements under international law. He recently told the media that his court was waging a new war against terrorists. Under international law, the death penalty is permitted only after a rigorous judicial process - a fair trial in which the defendant has adequate time to prepare a defence and appeal the sentence, among other requirements. In March, Human Rights Watch (HRW) released a report detailing how Somalias military court proceedings fall short of international fair trial standards. Relatives of defendants and independent observers have very limited access to the hearings, allowing the court to operate without oversight. A central concern was the speed at which death sentences have been carried out. HRW opposes the death penalty in all circumstances as an inherently cruel and irreversible punishment. That concern is even greater given the due process concerns we identified with the military court. Unfortunately, these practises appear to have been getting worse in recent months. Somalia drought triggers famine fears Thirteen executions have taken place in Mogadishu in 2014, nine been carried out just since July. Eleven of those executed were not members of the Somali armed forces; the majority accused of being Al-Shabaab members or fighters. A man accused of carrying out an attack on Maka al-Mukarama hotel in Mogadishu in November 2013 was sentenced and executed within just over two weeks in July. Carrying out death sentences so rapidly prevents defendants from filing an appeal. It also makes it less likely that the president will be able to review the case for a possible pardon or commutation. The military court has tried defendants for a broad range of crimes not within its jurisdiction, notably common
Posted on: Tue, 26 Aug 2014 08:24:08 +0000
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