Rights groups condemn Somali firing squads
By John Stephen Katende
5th Sept 2011: Somalia’s Transitional Federal Government (TFG) should ensure that its military court respects basic fair trial standards and immediately halt executions, Amnesty International and Human Rights Watch have said.
In a press release issued on 2nd September, the right organisations said the TFG should also prohibit trials of civilians in the military court. “…The transitional government’s international partners should firmly object to these serious human rights violations at the upcoming consultative meeting in Mogadishu”, the release read in part.
On August 22, 2011 two government soldiers convicted of murder by the military court were executed, with no opportunity to appeal as is required under international law. On August 29, the court also sentenced two defendants to death for allegedly intending to sell ammunition to al-Shabaab, the armed Islamist group that controls much of the country.
“…Unfair trials and executions are no answer for lack of accountability in Somalia, no matter how politically expedient the TFG may find them. Upholding fundamental rights including fair trial guarantees is key to moving forward”, said Daniel Bekele, Africa Director at Human Rights Watch.
On August 13, the TFG president, Sheikh Sharif Sheikh Ahmed, declared a state of emergency in areas of Mogadishu vacated by al-Shabaab, including Bakara market and camps for internally displaced people. The emergency decree, issued by the President without parliamentary approval, grants the military court greater power…in areas under the state of emergency.
International human rights standards are clear that civilians should not be prosecuted before military courts. Article 57 of Somalia’s Transitional Federal Charter stipulates that military courts should have jurisdiction only over military offences committed by members of the armed forces, whether during war or peacetime.
In cases where people face the death penalty, international human rights standards are clear that the required fair trial safeguards go above and beyond those which must be afforded to those facing criminal charges generally. This includes the right to appeal and seek pardon or commutation of sentence.
“…President Sheikh Sharif should prohibit the TFG military court from trying civilians and strengthen civilian courts. He should also immediately intervene to ensure that the two defendants sentenced to death on 29 August are not executed,” said Michelle Kagari, Amnesty International’s Deputy Director for Africa.
In May, the TFG made a commitment during the Universal Periodic Review at the United Nations Human Rights Council to consider introducing a moratorium on executions. But since the emergency decree was issued on August 13, the military courts have sentenced four people to death, including a civilian, and two TFG soldiers have been executed.
Amnesty International and Human Rights Watch unequivocally and totally oppose the use of the death penalty in all circumstances. END. Please login to www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.
