Unlawful Arrests Of Journalists As Violation Of Basic Constitutional Rights

By Yassin M. Ismail, Kent UK

As with everyone else in the media industry I was appalled by the news of the recent arrests in Somaliland of two senior journalists working for the Haatuf Media Network by the authorities in Hargeysa. Yusuf Gabobe, the editor-in-chief of the weekly Somaliland Times and Ali Abdi Dini, editor of the daily Haatuf were taken into custody following the newspaper’s publishing of an article in which the president of Somaliland Mr. Dahir Rayale Kahin and his wife were implicated in accusations of corruption.

Having been following the matter with interest over the past few days I found out that the arrests and the way they were carried out not only were unlawful but could also constitute to serious misuse of arresting powers as well as gross violation of individual’s basic Constitutional Rights.

Considering the nature of the accusations made by the paper [whether true or not, which of course is a subject for a court of law to decide], and knowing the fact that these accusations of corrupt practices were not particularly made solely against the president [as a Head of State] and included members of his family who are not holding any official post, simply makes the case entirely civic and hence not criminal offence. One may argue that certain Clauses in the Penal Code provide legal provisions for protecting the ‘Head of State’ from character ‘Defamation’ and/or ‘Damage to the President’s Prestige’. This is however, inapplicable and in circumstance like this Mr. Kahin as individual, - not as the President or Head of State, - is stripped off any constitutional protection that he would otherwise be eligible. This is because the accusation of the alleged practices of corruption involve the president along with someone else whose legal status is deemed as civilian, - his wife.

In saying so I am not asserting that the accusations made by Haatuf Media Network are credible or the opposite.

In most democracies under civil laws, private disputes, involving allegations like this whether it is by a newspaper or an individual, are best dealt with at a civil court of law. The process begins with the plaintiff filing a complaint otherwise known as label-suit against the respondent. The court then having studied the evidence presented by claimant decides if there is a case for label-suit and summons both parties to attend a hearing whereby an independent jurists examine the evidence and counter-evidence submitted at the court by both parties. In most cases jurists verdict does not often carry custodial sentences. Financial pay-out to the plaintiff [vis-à-vis] is rather more common way of settling these kind of private disputes.

Only in exceptional circumstance whereby the guilty party fails to compensate the damage and direct suffering caused to the innocent party may the verdict result in custodial punishment. This is the kind of legal process that the president and his family should have followed. Instead two senior journalists were taken to prison without trial by police officers acting upon direct orders of the Government. This is rough justice and such high-handedness and misuse of power by the top brass leader of our democratic nation should not be tolerated. Investigating corruption and other ill practices committed by individual members of the government officials as well as civilians is a moral duty for journalists.

Freedom of press is good for democracy and social and economic development of societies.

Nonetheless, this is not to say that all journalists are good moral guardians. It is almost inevitable reality that some lose their objective. So journalists and newspaper editors should be held responsible for their professional conduct. In the case of a journalist not complying with this strict discipline or Code of Conduct for decent and balance reporting, the relevant authorities are obliged to make appropriate use of the laws that exist and adhere to the procedures specified implementing them so as to ensure justice precede over personal interest or a vendetta. In this instance though justice was not served.

Therefore, I conclude that the imprisonment of the two journalists, namely Yusuf Abdi Gabobe and Ali Abdi Dini is unlawful and the fact that they were put in prison without fair trial constitutes to a gross violation of their Constitutional Rights and therefore demand their immediate and unconditional release and the restoration of their personal and professional integrity. We also demand the Judiciary Authorities in Somaliland to uphold the rule of law without favouring person over the other and bring to an end to the continued practice of imprisoning journalists without trial.

In doing so I must also advice professional journalists to remain objective despite obvious hardships and not lose sight of their duties or abuse the virtue of freedom of press, which itself is a power, - a weapon intellectually powerful and unparallel to that of governments.

Yassin M. Ismail, Kent UK

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