As about 10 men and women spoke one after another to tell stories
about their personal experience with courts of the land, the Minister
of Justice Ahmed Hassan Ali (Asowe), the Minister of Interior Ismail
Adan Osman and several judges and senior police officers listened
patiently and sympathetically. Almost all the speakers complained of
systematic miscarriage of Justice by the courts, particularly the high
court.

According to Abdillahi Hassan who for the last 3 years has been
following up one particular case involving murder, courts take an
unnecessarily long time to process the law or reach a decision. “Even
when a judgment is passed, it is not unusual to experience
disobedience of the ruling on the part of law enforcement agencies,”
he said.

Another man, Abdi Hassan, spoke on behalf Fadumo Maweel whose son
Hassan Da’r was killed while in police custody at Ahmed Dhagah police
station in Hargeisa 3 years ago. Abdi Hassan said initially two
persons, one of them mentally ill, were charged with murdering Hassan
Da’r.

According to Abdi Hassan, it was later established that the real
suspects behind the killing were two policemen. “Despite a court order
for their apprehension, they are still at large while one of the two
innocent men died in prison and the other is still wrongfully held in
prison.”

Safiya Muhumed Adan a mother of 7 children whose husband was murdered
said, “I have encountered great injustice from Hargeisa regional court
that ordered the release of the murderers of my husband simply because
the Judge was related to the accused.”

Another woman Fadumo Mahamed complained how a man grabbed her plot and
then despite two court rulings in her favor, used the land for construction of a house.

Justice minister Ahmed Hassan Ali responded by admitting that the
judicial system was not functioning properly. However he said
constitutionally, the administration and particularly his ministry are
prohibited from interfering with the judiciary, as it is independent
of the executive branch. The minister pointed out that complaints
against judges should be filed with the judiciary committee, which is
mandated to deal with such matters. He also stressed that the attorney
general’s office and the police department should cooperate with the
courts to speed up due process of the law.

Mr. Ahmed Hassan Ali also said his ministry will continue to seek the
development of the institutional capacity of both the judiciary and
law enforcement departments to ensure a more efficient and a fair law
process.

The Minister of Interior, Ismail Adan Osman said the government is
committed to improving the judicial system.

 

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