Date: 01 04.2010(Mareeg) Somali Human Rights Defenders Network ( SOHRIDEN ) calls on the Somali Transitional federal Government to immediately charge or release all the detainees in the Mogadishu Central Prison , who had been waiting a fair trial for Nine Months.
“ Legally , the detainee should have access to justice and get all their rights as enshrined in the Universal declaration of Human Rights and also in the Basic Principles for the Treatment of Prisoners, G.A. res. 45/111, annex, 45 U.N. GAOR Supp. (No. 49A) at 200, U.N. Doc. A/45/49 (1990 should be respected” .Said Zakarie Mahamed Shiikh Yusuf, the legal advisor of Somali Human Rights Defenders Network (SOHRIDEN),” We were expecting the TFG , when suspending all the existed laws in the country , what legal instruments should be applied with those detainees who were not yet charged or released.
As stipulated in Somali law that the detainees can be held in prison while their investigation is in process for not more than 120 days and the approved Islamic Sharia does not accept even one day to held a person in a prison with out fair trial.” Concluded Zakaria Mohamed Sh. Yusuf , the Legal Advisor of SOHRIDEN.
In the detentions centers, the TFG should had its precautions and set forth legal provision before suspending all the legal mechanisms in Somalia, including the TFG charter, to adapt in this transitional period which the Sharia law have been adopted by the parliament and not declared when implementing or not exercised yet.
“I am really worrying about the situation of my brother in the Central Prison, just kept there, without charging or releasing. I daily go there and feed him one time for every twenty four hours and if he is sick I look for him a doctor and medicine which the TFG authority failed to at least cover the meals and the health of the prisoners”. Said Mohamed Hassan Rooble, whose brother was detained before Nine Months .”We came here to know if there is HUMAN RIGHTS and also is there some people who are defending that rights, so please let our voices be heard by the rest of the world.” Conclude Mr. Rooble.
Maka M. Fidow also visited SOHRIDEN office and told that her father was vomiting blood and no body was caring him. She added that her conditions could allow her to even feed him daily let alone medication. All the prisoners are malnourished. They told us to all a doctor from the city and we are not able.”
“No detainees have charged or released from the Central Prison of Mogadishu for the last Eleven months, only new prisoners were coming”, said a senior officer from the custodian corps who requested animosity. “We don’t have here in the Central Prison all the basic requirements for the prisoners as caring their food , health and sanitation. You knew how loudly the head of the Somali Custodian Corps were denouncing the government and UNDP.
“ As many number of people remain detained without charge In the Central Prison of Mogdishu, without meals, health care and good sanitation, besides the continues ill-treatment and in some cases face torture send a very different message than what the suffering Somalis had been expecting from the TFG led by President Sh. Sharif ,” said Ahmed Kiimiko Chairperson of Somali Human Rights Defenders Network, Focal point of East and Horn of Africa Human Rights Defenders Network For Somalia. “It is high time for the government to follow the national Constitution and fulfill its human rights obligations. Those arrested should either be charged with a recognizable criminal offence or released.”.
SOHRIDEN calls also the transitional Federal Government, who is violating its international obligations and failed to ensure its accountability for human rights violations as well as denying those detainees in Mogadishu Central Prison to give them access to courts, legal counsels, and respect the international instruments of human rights
We also remind the transitional federal Government of Somalia to investigate possible incidents of death due to maltreatment , and malnourishment in the prison . We finally call the TFG of Somalia , that all of the detainees held without access to legal courts should be given their rights of access to justice and fair trial that can charge or release them.
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Human Rights Reporting Office
Somali Human Rights Defenders Network (SOHRIDEN)
Human Rights House
Talex Street, Hodan District,
Mogadishu, Somalia.
Tel: +2525-9-29027/+252-1-227272
Email: sohriden@gmail.com,
info@sohriden.org
URL: www.sohriden.org
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