The Human Rights Committee today concluded its consideration of the initial report of Somalia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts welcoming the State’s anti-corruption measures, and raising issues concerning the death penalty and sexual violence by armed forces and militias.
Committee Experts welcomed that Somalia had submitted its initial report in 2020, which had been overdue for 34 years.
One Committee Expert noted the State’s national anti-corruption strategy, which focused on strengthening the public finance management sector, and welcomed the accession of the State party to the United Nations Convention against Corruption. How many corruption and laundering prosecutions had been initiated since 2019, and what sanctions were imposed?
Another Committee Expert asked about measures in place to abolish the death penalty. Had the State party taken initiatives to define the scope of crimes for which the death penalty was applicable? Could the delegation respond to allegations that executions were sometimes carried out swiftly after court decisions were issued, offering no opportunity to appeal? Was the Government considering implementing a moratorium on the death penalty as an interim measure?
A Committee Expert asked about measures to prevent sexual violence against women and girls and punish perpetrators. How did the State party ensure that victims had access to justice and effective remedies? What training did military and law enforcement personnel receive on sexual violence? There were alarming reports of sexual violence by such personnel. What was the State party doing to protect women and girls from sexual violence by armed forces and militias?
Isak Hashi Jimale, Director General of the Ministry of Women and Human Rights Development of Somalia and head of the delegation, introducing the report, said Somalia was unwaveringly dedicated to ensuring that the rights and liberties of its people were actively promoted and realised. To strengthen the legal foundations of its human rights commitments, the State party had revised the Penal Code, and passed the sexual and indecency offenses bill, the juvenile justice bill, the national disability bill and the child rights bill.
The delegation said Somalia acknowledged the profound influence of corruption on human rights and had implemented measures to combat the practice, including the anti-corruption strategy, which ended last year. Asset recovery and whistle-blower legislation had been developed to further strengthen the fight against corruption.
Somalia recognised the significance of establishing a moratorium on the death penalty, the delegation said. The State was dedicated to exploring alternative sentencing options and promoting restorative justice. Crimes subject to the death penalty included intentional homicide, bearing arms against the State, war crimes, and the misuse of State secrets.
The delegation also said that the Government had recently approved a revised version of the sexual offences bill, which aimed to protect all citizens from sexual and gender-based violence, and established a multi-agency taskforce on sexual and gender-based violence. Security officers were trained on the Constitution and the laws of the land. Human rights abuses alleged to have been committed by armed forces were brought before civilian courts. Security personnel involved in abuses were prosecuted in military courts.
In concluding remarks, Mr. Hashi Jimale said the interaction with the Committee had affirmed the State party’s dedication to promoting human rights and upholding human dignity. Somalia stood at a critical junction, navigating through the challenges of the post-conflict recovery. It was aware of the challenges that lay ahead and was dedicated to working with the Committee to address these issues. Somalia sought to forge a future where human rights were not only respected but protected as the cornerstone of society.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, expressed gratitude to the delegation for its participation in the dialogue, which had addressed same-sex relations; harmful traditional practices; use of children in armed conflict; internally displaced persons; and protection of journalists and human rights defenders, among other issues. The Committee was determined to achieve the maximum standard of implementation of the Covenant in Somalia. Ms. Abdo Rocholl closed by stressing the importance of International Women’s Day and calling on all persons to consider how women should be treated.
The delegation of Somalia was made up of representatives of the Ministry of Women and Human Rights Development; Ministry of Justice and Constitutional Affairs; Office of the Prime Minister of Somalia; Ministry of Defence; and the Permanent Mission of Somalia to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, 11 March to begin its consideration of the second periodic report of Indonesia (CCPR/C/IDN/2).
Report
The Committee has before it the initial report of Somalia (CCPR/C/SOM/1).
Presentation of the Report
ISAK HASHI JIMALE, Director General of the Ministry of Women and Human Rights Development of Somalia and head of the delegation, said Somalia was unwaveringly dedicated to ensuring that the rights and liberties of its people were actively promoted and realised. To strengthen the legal foundations of its human rights commitments, the State party had revised the Penal Code, ensuring greater protection for vulnerable populations and marginalised communities. Somalia had also passed the sexual and indecency offenses bill, the juvenile justice bill, the national disability bill and the child rights bill.
Somalia would also soon establish a Law Reform Commission tasked with comprehensively reviewing and updating existing legislation to reinforce the protection and promotion of civil and political rights. The passage of the National Intelligence and Security Agency Act, the Counter Terrorism Act and the Auditor General Act bolstered the national security apparatus. Several crucial draft acts were currently awaiting Cabinet adoption, including the draft Whistle-blower and Witness Protection Act and an amendment to the 1974 prison law. Somalia was also in the final stages of ratifying important conventions against transnational crimes, which represented a vital tool in efforts to combat organised crime and protect the rights and dignity of all individuals in Somalia and beyond its borders.
Somalia had operationalised the Judicial Training Institute, which played a critical role in enhancing the capacity and professionalism of the judiciary. Additionally, the establishment of Tubsan, the National Centre for Preventing and Countering Violent Extremism, reflected the State’s commitment to addressing the root causes of extremism and promoting a culture of tolerance and inclusivity. The State party had also established an inter-ministerial human rights coordination unit, which ensured coherence and consistency in Government human rights policies and initiatives.
The liberation of five major regions from terrorist groups represented a significant milestone in ongoing efforts to restore peace, stability and security. This paved the way for the provision of essential services and the restoration of normalcy to affected communities. In recognition of the unique challenges facing the northern regions of Somalia, the State had appointed a Special Envoy for Somaliland Affairs tasked with revitalising talks and addressing longstanding issues with authorities in those regions. This appointment laid the groundwork for lasting peace and stability in Somalia.
Somalia had instituted a thorough process for the incorporation of international conventions into domestic law, ensuring compatibility with the principles of Sharia and the Constitution. The Government had taken bold steps to prosecute State officials involved in corrupt practices and to manage natural resources with integrity, ensuring that the wealth of Somalia benefitted all its people. It had also taken significant measures to address past human rights violations, ensuring that those responsible for abuses were held accountable and that the survivors of such abuses were identified and adequately supported.
Equality and non-discrimination formed the cornerstone of the State’s actions. The National Women Charter was a testament to the State’s resolve to ensure equality between men and women and to promote women’s representation in all spheres of public life. The national action plan on ending sexual violence in conflict was another key tool. The State was also taking concrete steps to reduce maternal and infant mortality.
Legal provisions were under constant review to ensure that the application of the death penalty was in line with international human rights standards. The legal framework ensured that the use of force was always proportional, and mechanisms were in place to protect civilians and uphold the right to life. Measures were also in place to ensure the independence of the judiciary and the right to fair trial of all individuals.
The State had established guidelines and structures to support and protect the most vulnerable in society. Legal and regulatory frameworks protected journalists and ensured that the rights to freedom of expression and assembly were respected and promoted. Measures to prevent child recruitment, protect children’s rights, and ensure the participation of all citizens in the electoral process were indicative of the State’s commitment to inclusive governance and the protection of civil and political rights.
Somalia was proud of the progress it had made but acknowledged that challenges remained. It was confident that it would overcome these challenges and build a future where the rights and freedoms of all Somalis were protected and cherished.
Questions by Committee Experts
A Committee Expert welcomed that Somalia had submitted its initial report in 2020, which had been overdue for 34 years. The Committee was mindful of the difficult circumstances the State had faced in its recent history, with decades of civil strife and armed conflict. The Committee noted the reconciliation conferences held among key political stakeholders, the adoption of a Transitional Federal Charter, and the provisional adoption of a Federal Constitution in August 2012. It also noted the preparation of the joint human rights programme, the adoption of action plans on children and armed conflict, and the establishment of the Human Rights Commission, the National Independent Electoral Commission, the national electoral law, and the adoption of the political parties’ law. What measures would the State party adopt to raise awareness of the Covenant among members of the judiciary, religious leaders and the general public?
The Constitution recognised the right of every person to practice the religion of their choice, but there were reports of arrests of religious minorities for encouraging religious conversions. What measures were in place to ensure freedom of all persons to practice minority religions? How did the State party respond to allegations of discriminatory violence against non-Muslim children by their peers?
Terrorist groups had assassinated public officials and attacked public order. How was the Government working with neighbouring States to protect human rights, follow up on allegations of rights violations, and protect citizens? Which parts of the country were still outside of the Government’s control? How would the State party ensure criminal liability for terrorist acts? Did it intend to ratify the Rome Statute?
Could the State party provide information on the number of people prosecuted for same-sex activity? Did it intend to repeal provisions criminalising homosexuality? Had executions of persons who engaged in same-sex relations been carried out in recent years? What measures were in place to protect the rights of lesbian, gay, bisexual, transgender and intersex persons?
Another Committee Expert said the Committee took note of the national anti-corruption strategy, which focused on strengthening the public finance management sector, and welcomed the accession of the State party to the United Nations Convention against Corruption. Had the establishment of the Public Procurement Authority been completed? Could the Authority conduct investigations? Had the Parliament appointed members of the Anti-Corruption Commission? What had been the outcomes of its work so far? How many corruption and laundering prosecutions had been initiated since 2019, and what sanctions were imposed?
There was no comprehensive legislation on discrimination in Somalia. What measures had the State party taken to address all forms of discrimination? How was it preventing discrimination of women in the public sphere and the labour market? It was commendable that the State had adopted a quota for women’s representation in Parliament. How was this being enforced? What measures would the State party take to prevent discrimination against persons in interracial marriages? What was the ratio of women in high posts of Government? What kinds of polygamy existed in Somalia? How was the State addressing conflicts arising from polygamy?
A Committee Expert said the State party appeared to place a greater emphasis on peacebuilding than truth, justice and reparation measures. To what extent did the amnesty law pose challenges to efforts toward combatting impunity?
What measures were in place to abolish the death penalty? Had the State party taken initiatives to define the scope of crimes for which the death penalty was applicable? Did it employ mechanisms to verify the age and pregnancy status of persons charged with crimes that could result in the death penalty? Could the delegation respond to allegations that executions were sometimes carried out swiftly after court decisions were issued, offering no opportunity to appeal? Was the Government considering implementing a moratorium on the death penalty as an interim measure? How many death penalty sentences had been issued in the past five years?
What was the compatibility of domestic legislation on the use of force by police officers with international standards? Could the delegation provide an update on investigations into recent incidents involving arbitrary killings? Police gunfire on protests in 2019 and 2023 had resulted in the deaths of civilians. What oversight mechanisms were in place concerning the police’s use of force?
A Committee Expert asked about the status of the Covenant in the national legal order. How did the State party ensure that the provisions of the Covenant were respected in light of the supremacy of the Sharia? How did Somalia plan to gather data on citations of the Covenant in court cases? Traditional law mechanisms continued to be prioritised in some communities. How did the State party ensure the civil and political rights of minorities in these communities? What were the main obstacles for creating a national human rights institute and making it operational? How would the State party ensure the full independence of the institution?
What was the status of adoption of the law on sexual offences? What measures were in place to prevent sexual violence against women and girls and punish perpetrators? Most cases of sexual and gender-based violence went unreported. How did the State party ensure that victims had access to justice and effective remedies? What training did military and law enforcement personnel receive on sexual violence? There were alarming reports of sexual violence by such personnel. What was the State party doing to protect women and girls from sexual violence by armed forces and militias?
The rate of girls subjected to female genital mutilation in the State was 98 per cent, one of the highest in the world. Almost half of Somali girls married before the age of 18. What measures were in place to criminalise these harmful practices and sanction perpetrators? The draft female genital mutilation law appeared to regress from previous provisions as it only prohibited one type of female genital mutilation. How would other types of female genital mutilation be prohibited? How did the State party ensure that all girls under 18 enjoyed protection from early and forced marriages? Deaths of girls in 2021 who were subjected to female genital mutilation had sparked outrage but had not led to prosecutions. What efforts had been made to prosecute perpetrators of female genital mutilation, raise awareness of its dangers, and address the root causes of harmful practices?
There were very high rates of maternal and infant mortality in Somalia. How successful was the maternal, child and adolescent health and nutrition plan of 2023, and what was the status of similar plans? What steps had been taken to increase access to maternal health care in rural areas? Did the State party have a national plan to promote sexual and reproductive health education in rural areas? Abortion was prohibited except in cases of necessity. Would the State party hold a national dialogue on abortion and consider legalising abortions, particularly in cases of rape and incest? What steps had been taken to prevent clandestine abortions, which contributed significantly to the maternal mortality rate?
Responses by the Delegation
The delegation said that the Government was actively working to setup a human rights coordination unit to follow up on recommendations from treaty bodies. The Human Rights Joint Programme contributed to raising awareness of the Covenant and its first Optional Protocol through seminars and workshops for civil society organizations and the public. Training was provided for Government officials and judicial officers on the Covenant.
The Government had exerted efforts to stabilise regions formerly held by terrorist groups. Following the liberation of five regions, the Government had swiftly implemented services to support the persons living in those regions; 1,606 individual and company accounts used to finance terrorist groups had been frozen. Investigations of 71 cases of money laundering and financing terrorism had concluded with the issuance of sanctions in 60 cases.
Somalia had made significant progress in finalising its Constitution. A comprehensive roadmap for the constitutional review process had been developed. Key issues hindering finalisation of the Constitution had been identified and were being addressed in Parliament. Public consultations had yet to occur regarding the provisions.
Somalia had made efforts to incorporate international conventions into domestic law. It had translated the Covenant into the national language and developed a draft law to bring effect to the Covenant. After being signed by the President, it would be incorporated in the official gazette. The Constitution recognised Sharia as a fundamental source of law. The Ministry of Justice was working to establish a Law Reform Commission to incorporate the provisions of international conventions in domestic legislation.
The Judicial Training Institute was established recently to strengthen the training of judges, prosecutors and other court officials. To ease access to justice in Somalia, the State had recruited more than 100 prosecutors in the past three years. Women could be considered for judge and prosecutor positions.
The draft Human Rights Commission law laid the groundwork for the establishment of an independent national human rights institute that operated in accordance with the Paris Principles. A transparent process had been established for electing members of the Commission. Four of the nine members elected were women, including one woman with disabilities. The Council of Ministers was currently discussing the law, and it would soon be submitted to Parliament. The Commission would monitor human rights situations in the country and ensure accountability for human rights violations.
Somalia had undertaken actions to qualify for debt relief. In December 2023, Somalia secured five billion United States dollars in debt relief under the heavily indebted poor countries initiative. Somalia acknowledged the profound influence of corruption on human rights and had implemented measures to combat the practice and ensure transparency and accountability in the public sector. The State party had implemented the anti-corruption strategy, which ended last year. The strategy led to Somalia’s accession to the United Nations Convention against Corruption and other regional conventions against corruption. Due to procedural issues, the Anti-Corruption Commission was dissolved, but it would be re-instated this year. The Government was also working to establish the Higher Judicial Council, which would contribute to the fight against corruption. Regulations had been developed to ensure that the judiciary was independent. State officials found to have engaged in corruption were prosecuted. Asset recovery and whistle-blower legislation had also been developed to further strengthen the fight against corruption.
Somalia had sought to reconcile past human rights violations and combat impunity. It had established robust institutions tasked with investigating past violations. Persons found to have committed violations were prosecuted, and victims were provided with reparations. The Government had yet to establish a truth and reconciliation commission, as it was prioritising efforts to fight terrorist groups. Elders from communities affected by conflict would be included in the commission.
To combat the stigmatisation of individuals living with HIV/AIDS, the Government was conducting awareness raising campaigns. There had been no documented cases of individuals having been arrested for engaging in same-sex activities. The Government’s approach to same-sex activities was grounded in societal values. It was determined to counter extremist views and was raising awareness of the peaceful teaching of Islam.
Significant progress had been made in combatting sexual and gender-based violence. The Government had recently approved a revised version of the sexual offences bill, which had been submitted to Parliament. The Bill aimed to protect all citizens from sexual and gender-based violence. The Government had also developed a draft law on female genital mutilation that it had consulted on with religious elders. It aimed to pass these laws by the end of this year. The Government actively engaged with non-governmental organizations to fortify responses to sexual violence in conflict. A multi-agency taskforce on sexual and gender-based violence had been established to strengthen the investigation and prosecution of these crimes. A handbook for judges and prosecutors on adjudicating cases of gender-based violence had also been developed.
Somalia recognised the significance of establishing a moratorium on the death penalty. It was engaging in consultations with civil society in this regard. The State was dedicated to exploring alternative sentencing options and promoting restorative justice. Crimes subject to the death penalty included intentional homicide, bearing arms against the State, war crimes and the misuse of State secrets. The diya financial remedy was available as a traditional law alternative to the death penalty for some of these crimes.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on the possibility of freely practicing religions other than Islam; progress in reuniting Somaliland with Somalia; reasons for maintaining the prohibitions of same-sex relations and abortions, considering that there had reportedly been no prosecutions under these laws; the content of the finalised draft laws on sexual violence and female genital mutilation; the achievements made through the implementation of the national action plan on women, peace and security; methods of achieving a moratorium on the death penalty and the number of commuted death sentences; and how judges dealt with conflicts between State and international legislation and Sharia law.
Responses by the Delegation
The delegation said progress had been made in reuniting Somaliland with the State. Territorial disputes were being addressed in intergovernmental fora and the National Consultative Council.
Statement by the Committee Chair
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, said today was International Women’s Day. Gender equality continued to be one of the greatest challenges in the sphere of human rights. A recent report had predicted that it would be 131 years before the world attained global gender equality. However, it had been possible to bring about change and accelerate the process to close this gap. Everyone needed to show support for all women, especially younger women.
Responses by the Delegation
The delegation congratulated all women around the world on International Women’s Day. Investing in women was paramount for Somalia’s development. Women faced persistent challenges daily. Every woman and girl had the right to live free from violence and discrimination.
The Constitution stipulated 14 grounds for discrimination, including religious grounds. It guaranteed the freedom to practice any religion. The Penal Code prohibited incitement to violence on the grounds of religion.
The Government had made advancements in health care through programmes promoting access to primary health care and aiming to lower maternal and infant mortality rates. To address barriers in accessing health care, the Government was engaging with international partners.
A 30 per cent quota for women’s representation in Parliament had been implemented. Legislation prohibited discrimination against women, including in the workplace. Various programmes had been implemented to prevent sexual and gender-based violence. The Government had emphasised empowering women through education. There were also programmes supporting women’s access to microfinancing that were financed by the European Union. The national action plan on women, peace and security aimed to combat violence against women, including ethnic minorities and other vulnerable groups.
There were no amnesty laws, but amnesty provisions were contained within legislation on torture. There was currently no moratorium on the death penalty. If there were conflicts between legislation and Sharia, Sharia principles were prioritised.
Somalia had implemented legal reform to regulate the use of force and firearms by officials in accordance with international standards. A prohibition on the carrying of weapons in the capital city had been issued. Security force members were required to undergo comprehensive training on the international conventions ratified by Somalia. The State took allegations of arbitrary killings seriously. All allegations were investigated. The Constitution guaranteed the protection from such killings, and legislation was in place to prosecute all cases of arbitrary killings.
Questions by Committee Experts
A Committee Expert asked about the status of the draft law on counter terrorism. The National Intelligence and Security Agency was established without a legal framework or a clear mandate. What was the scope of its work and to whom was it accountable? There had been reports of several violations attributed to this Agency, including torture, harassment of journalists, arbitrary arrests and secret detentions, among others. Could the delegation comment on these allegations? What efforts had been exerted to eliminate piracy?
The Committee appreciated efforts to improve conditions in detention centres, including reducing overcrowding and ensuring the availability of water and medicine. What measures were in place to provide proper food for detainees? Was the principle of separation between adult and juvenile detainees rigorously applied? What measures were in place to rehabilitate young detainees? What kind of care did juvenile and pregnant women receive? What monitoring system was in place for prisons?
In 2019, approximately 2.6 million people were internally displaced and in desperate need of food, shelter and health services. What were the causes of internal displacement? How did the durable solutions framework and disaster management policies address the situation? How was the Government implementing the Kampala Convention on internally displaced persons? How was the State protecting the rights of internally displaced persons, including through engagement with the private sector?
Another Committee Expert asked about the status of the review of the Penal Code. Had a definition of torture in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment been incorporated in the Code? What measures were in place to train the police regarding the prohibition of torture? Had State officials who committed torture in a private capacity been held accountable? How many cases of torture had been tried, and what were the prosecution rates? What measures were in place to ensure that journalists could report on assemblies safely?
How did political parties contribute meaningfully to the political landscape? Had the process for registering political parties been standardised across the country? What was the status of the draft citizenship amendment law? Were there any obstacles impeding its ratification? Was the biometric electoral registration system functional? The 30 per cent quota for representation of women in Parliament was a significant step. What measures were in place to implement the quota, promote the political participation of persons with disabilities and internally displaced persons, and boost civic education and political engagement?
A Committee Expert said Somalia had a low position on the World Press Freedom Index, at 141. Journalists had been forbidden from covering attacks by Al-Shabaab. How did the State party ensure that restrictions on the media were legitimate? How would the State party bring media legislation into line with international standards and prevent undue censorship? The Government reportedly regularly interfered with the Media Council. How did the State party ensure its independence and proper operation? There were reports of killings of journalists and human rights defenders, including by State actors and Al-Shabaab forces. What measures were in place to protect journalists and human rights defenders from attacks by State and non-State actors? How was the State party holding such perpetrators responsible for harassment and excessive use of force? How did the State party prevent the criminalisation of legitimate actions of journalists and human rights defenders? Why were journalists brought before military courts? Did the State party provide training for law enforcement officers on the rights of journalists and human rights defenders?
One Committee Expert said sexual violence remained a significant problem across the country. Armed groups had been accused of committing widespread sexual violence against women, using it as a weapon of war. Rape was most often committed by security officers close to checkpoints. Impunity remained a major issue. Only 16 officers had been prosecuted for sexual violence crimes. How was the State party holding security officers responsible for their crimes? What reparation had been provided to victims?
What criminal investigations had been conducted against security officers for crimes against civilian populations? How many officers had benefitted from training in human rights? How many casualties had resulted from the operations of State and foreign military forces? How were perpetrators held accountable? What reparation measures had been granted to victims?
Had the Government enacted a law regulating the judicial system? Were changes to the system being considered? Was the Attorney General’s office separate from the Government? Were there laws on the appointment and removal of judges and prosecutors? What measures had the State party taken to strengthen public confidence in the judiciary? Was there a law on legal aid and had a national independent legal aid body been established? Military courts were reportedly often used to try civilian crimes. Had the transition from military to civilian courts been completed? What procedural safeguards were provided to defendants in military courts? Were military court officials subject to monitoring and disciplinary measures for misdemeanours?
Somalia reportedly had the highest number of cases of children in armed conflict in the world. How many persons had been detained and prosecuted for recruiting children? How many children had been rescued from armed forces and rehabilitated? Most children recruited by Al-Shabaab received little or no education. What measures were in place to prevent Al-Shabaab from recruiting children? Had the draft law on the rights of the child been approved by the Parliament? Would the law protect children from discrimination? Had the worst forms of child labour been prohibited? What was the minimum working age? What measures were in place to ensure both boys and girls completed their education cycles?
Responses by the Delegation
The delegation said the Government had intensified efforts against Al-Shabaab as part of its liberation campaign. The counter terrorism act prohibited terrorism activities. This law was now operational. Somalia had improved training for security forces on human rights. Officers were trained on the Constitution and the laws of the land. Human rights abuses alleged to have been committed by armed forces were brought before civilian courts. Security personnel involved in abuses were prosecuted in military courts. The State had taken steps to protect its waters against piracy. Armed guards had been deployed to strengthen anti-piracy activities. The anti-piracy bill was now before Parliament, and five alleged pirates were undergoing prosecution before courts.
The Government had thoroughly investigated civilian casualties in armed conflict, providing compensation to victims’ families. A crisis line had been launched to allow victims to report abuse and access support, and another system had been established for reporting civilian casualties. The Government had formulated a comprehensive reparations framework and rehabilitation services for victims. Victims received medical care, and psychological and reintegration support.
The National Intelligence and Security Agency was mandated to conduct studies and monitor security issues, and prevent threats to national, regional and global security.
Torture and other cruel, inhuman or degrading treatment were prohibited in the Constitution and in the Penal Code, although torture was not specifically defined within the Code. The State party was actively considering the ratification of the Optional Protocol of the Convention against Torture. The Government had established an independent committee to receive reports of torture. The Attorney General’s Office conducted regular inspections of prisons to monitor detention conditions and prevent torture. The law on prisons was being amended to allow inmates to submit complaints.
Somalia’s legal framework clearly prohibited administrative detention. Deprivation of liberty conformed with strict standards. The State party investigated all cases of alleged arbitrary detention. The Attorney General’s Office provided oversight of detention practices. Measures such as the case management system were used to expedite trial processes. Individuals had the right to habeas corpus.
Efforts were underway to draft a bill in the Attorney General’s Office, which aimed to establish the Office as an independent body. Transparent processes for appointing and removing judges were being implemented. Ten prosecutors and clerks would be appointed to the judiciary this year. The legal aid bill mandated the provision of legal aid to those who could not afford it. Parliament would soon assess this bill, which would promote access to justice for vulnerable persons.
Military courts had jurisdiction over offences committed by security officers on duty and terrorism offences. The Government was working to delineate the boundaries between civilian and military courts and reinforce the capacity of civilian courts. It aimed to facilitate the transition from military to civilian courts, in line with international standards. Interference in the activities of military courts by the Government was prohibited.
Somalia hosted an estimated four million internally displaced persons, asylum seekers and refugees at the end of 2023. The State party had developed a framework for ensuring the safety and dignity of these persons. The refugee bill would soon be enacted in law, while the internally displaced person bill would also soon be assessed by Parliament. This law would pave the way for better living conditions for internally displaced persons.
