Somaliland security forces guarding main road leading to the Hargeysa Regional courthouse last Thursday

Hargeysa, Somaliland, January 13, 2007 (SL Times) – Haatuf Media Network (HMN) chairman/editor of Somaliland Times Yusuf Abdi Gabobe and the editor of the Somali language Haatuf newspaper, Ali Abdi Dini appeared for their first Hargeysa Regional Court hearing last Thursday.

They were escorted from their CID cells to the courthouse under heavy police presence. All courthouse adjacent and surrounding roads were sealed from local traffic. Somaliland security forces feared the expected large number of crowds coming in support of the journalists would eventually lead to mass demonstrations and public disorder.

The two journalists, since 2 January 2007 have been held in detention by the criminal investigation Department of Somaliland for the publication (in the Somali language Haatuf daily newspaper) of revealing articles, which exposed the corrupt practices of the incumbent president Dahir Rayale Kahin and his household.

The Regional court judge read out the charges brought against each of the three journalists by the Somaliland state prosecutor, these were:- 1 st defendant Ali Abdi Dini, editor of Haatuf daily newspaper and 2nd defendant, Muhammad-Rashid M Farah (in absentia) reporter, were indicted for ‘Insulting the good name and honor of the Head of State’ and for inciting the national forces of Somaliland to rebel against the state and for encouraging the general public to riot in acts of public disorder against the state’. Articles relating to these charges are of the 1962 Penal Code of Somalia 220, 209 under clause 2 & 4a and 321 XCG in reference of Article 45 & 71 XCG.

The judge said, the defendants are indicted for the newspaper articles published in Haatuf Daily newspaper in Vol 6, issue 1269 printed on 24/11/06.

Crowds gathered last Thursday outside Hargeysa Regional courthouse

The 3rd defendant: Yusuf Abdi Gabobe, chairman of HMN and editor of Somaliland Times is indicted for ‘Threatening, Law Enforcement Officers and obstructing the officers from executing their public duty on 2 January 2007’. Article relating to this charge is 264 XCG of the 1962 Penal Code of Somalia’.

The Regional court judge asked the Haatuf journalists how do they plead to the charges brought against them by the state prosecutor, Saeed M Obsiye. The journalists said they were not guilty.

The judge, then asked the defense council to present their defense.

Muhammad Saeed, one of three defense council lawyers representing the journalists in his opening statement argued that the ‘charges brought against his clients are in blatant negation of the articles enshrined in the constitution of Somaliland which explicitly refer to the freedom of Expression and Freedom of Press in clause 130, 25 and 32’. And said, 'are also along with the recent Press Law, introduced by the previous parliament and signed by the President, and became into law in 2004'. He then read out article 31 of the Press Law to the court:-

Article 31:
Repeal Any law, decree, circular, or order which is in conflict with this Law shall become null and void when this (Press) Law comes into force.

Muhammad Saeed, argued that ‘this article (31) in the Press Law explicitly repeals all previous laws once the Press Law is enforced into law’.

He asked the court judge, ‘in the Press Law there is not a single clause which on the part of the press criminalizes the actions of the press'. And said, ' as a result of this, can the good judge of this court inform us whether the 1962 Penal Code of Somalia is the law to which this court subscribes to or the 2004 Press Law of Somaliland?’

Muhammad Saeed, asked the court judge to make it known to the court in writing, whether the 2004 Press Law of Somaliland has been repealed, cancelled or replaced by the 1962 Penal Code of Somalia. He said, ‘these charges, made and concocted against my clients by the state prosecutor are based on the abrogated Press Laws of the 1962 Penal Code of Somalia and is illegal to refer to it in any court of law in Somaliland when it comes to the jurisdiction of the actions of the press or the commission of journalistic works’.

The state prosecutor, Saeed M Obsiye replied to the defense lawyer’s argument ‘that his indictment against the journalists is based on the current 2004 Press Law, in chapter V, article 13. The state prosecutor however did not read out to the court what article 13 entailed or encompassed:-

Article 13:
Seeking confirmation
a) The press has the duty to be extremely careful of producing untruthful and erroneous written reports.
b) If, at any time, it is confirmed that any disseminated information was false or erroneous or was baseless reporting, it is the duty of the press concerned to correct it immediately in a prominent place.
c) It shall be the duty of any press to report truthfully and impartially the details and rulings issued in respect of any adjudication to which it is a concerned party.

Muhammad Saeed, of the defence council replied that ‘article 13 of the 2004 Press Law should be read out for the benefit of the court and debated word by word’. The defence council also argued that the victim in this case is not known and said, ‘on who’s behalf is the state prosecutor filing these indictments against, in other words, who is the victim in this court case?

To which the state prosecutor said ‘the victim is the nation and the State of Somaliland’.

The court judge, objecting the use of this term by the state prosecutor said, ‘Mr, Obsiye, are not the defendants also part of the nation?’ The state prosecutor in his reply to the judge’s query said, 'Yes, they are'. The judge then asked the state prosecutor to specifically clarify who the victim'. To which the state prosecutor said, ‘the victim is the President’.

The defense council then called the court judge to intervene in the hearing because the state prosecutor has filed these charges as the State versus their clients.

The judge, on hearing this complaint from the defense council concluded that the state prosecutor should make amendments in his court documentation and declared the court hearing closed to be reopened on Saturday 13 January 07.

Editor of Somaliland Times, Yusuf A Gabobe on leaving courthouse is briefly asked for comment by local media

On a different note, on Friday, the CID chief commander Suleiman Muse ordered visitors seeing Yusuf A Gabobe and Ali A Dini held in Hargeysa CID headquarters should not be permitted, indefinitely.

Somaliland Times has been informed by a close source to the CID that the Presidency has been irked by a recent brief local TV interview taken from Yusuf A Gabobe outside the Regional courthouse last Thursday.

A local TV reporter outside the courthouse managed to interview Yusuf Gabobe while he was being led out of the courthouse to the waiting CID pickup. Yusuf Gabobe was asked by the local TV reporter about the charges filed against him and his colleague by the CID, to which Yusuf replied, ‘we have been indicted for revealing the truth to the public and for crying foul to the high rate of corruption in and around the Presidency.’

The reporter further asked, “Yusuf, would you think twice before writing such articles again in your paper?’ Yusuf replied, ‘I will never think twice about this matter, and because of this episode I am more than ever willing to expose whatever level of corruption I or my colleagues discover in or around the Presidency'.

Source: Somaliland Times