MPs Hold Inquiry After A Court Decision Allowing Prosecution Of Three Journalists Under The Penal Code

Detained Somaliland Journalists

Yusuf Abdi Gabobe Chief Editor of Somaliland Times & Chairman of Haatuf Media Network	Ali Abdi Dini Editor of Haatuf Daily Newspaper	Muhammad Omar Sheekh Haatuf Daily Newspaper Correspondent in Awdal region

“There is no legal basis for application of a law superseded by the Country’s new press law” Defense Lawyers in the trial of Haatuf Journalists

Hargeysa, Somaliland, January 20, 2007 (SL Times) – The Somaliland’s House of the Representative’s select committee on Judicial affairs on Thursday held a hearing in which the chairman of the Supreme Court, Mohamed Hirsi Omane was questioned with regard to a Hargeysa Regional Court ruling that allowed 3 detained Journalists from the Haatuf Newspaper to be prosecuted under the penal code of Somalia instead of the country’s press law.

The 3 Journalists face charges that include defamation of Somaliland President Dahir Rayale Kahin and obstruction of the police from carrying out their duties.

Haatuf’s publisher Yusuf A. Gabobe and its Editor, Ali Abdi Dini are still in police custody since their arrest on January 02, 2007. The third defendant, Haatuf’s investigative reporter, Mohamed-Rashid Farah, remains in hiding and is being tried in Absentia.

During the first hearing of the Trial the prosecution demanded that the case be dealt with in accordance with the penal code of Somalia. But the defense lawyers made it known to the judge presiding over the trial, Faysal Abdillahi Ismail, that their clients should be prosecuted under the Somaliland press law, which supersedes Somalia’s old penal Code.

Judge Ismail acknowledged the defense Lawyers’ objections with a promise to reach a decision by the next hearing.

However, when the court reconvened on Saturday, January 13, the Judge dismissed the defense’s objections while approving the prosecution of the 3 journalists under the penal code.

The court decision drew angry protests from the journalist community and has now prompted the lower house of Parliament into action.

During the behind-the-closed door hearing conducted at the lower house on Thursday, the chairman of the Supreme Court had reportedly admitted that he was not aware that the country had a press law.

The legislation was passed by both houses of parliament and signed by the president into law in 2004.

The law considers offences by the press as civil and not criminal. It also prohibits the arrest of journalists while doing their work.

President Rayale, a former officer in the dreaded National Security Service of the late dictator Siyad Barre, had during several occasions in the past expressed his dissatisfaction with the press law’s “lack of teeth”.

Though the press legislation became law No. 27 in early 2004, the administration however seems to have deliberately avoided its dissemination to judicial institutions and the public.

The Parliament is expected to conduct more hearings on the issue of the government’s reluctance to enforce the press law.

Meanwhile, President Rayale has been busy in the last three weeks since the arrest of Haatuf Journalists with the drafting of a new press legislation to replace the existing press law.

The president is understood to have warned his cabinet members against leaking the contents of the new bill.

However the Somaliland Times has learned from reliable sources who saw the document that the new legislation contains many provisions of a draconian nature.

Meanwhile, the lawyers defending the detained Haatuf journalists appealed against the ruling issued by judge Ismail to the Hargeysa regional court which is expected to review the case next week.

The defense lawyers challenged the legality of the decision. In a public statement on the issue, they said “a low level court as the Hargeysa regional court has no power and competence to discard a press law which had been enacted by the parliament and signed into law by the executive. There is no legal basis for application of a law superseded by the Country’s new press law.”

Judge Faysal Abdillahi Ismail also refused to set the two detained journalists free on bail. The leaders of the Somaliland Society for Independent Journalists and Writers have cast strong doubts over whether the three journalists would get fair trial. “The whole judiciary system including the high court, the attorney general’s office and police commissioner are all competing with each other to demonstrate their loyalty and servitude to Somaliland powerful first lady, Hudda Barkhad, whose sole purpose is to take revenge against Haatuf Journalists for exposing her corrupt practices,” said one of SSJW’s officials.

Meanwhile, Somaliland secret police arrested Haatuf’s correspondent in Borama, Mohamed Omar Sheikh Ibrahim, on last Sunday. He has neither been charged nor taken to court despite being in police custody for the last six days.

Mohamed Omar was transferred from Borama police station to a jail in Hargeysa. He has not been allowed visit by officers from Human Rights organizations or colleagues. The police authorities have declined to comment on the reason of his arrest.

However the journalist was arrested many times before for writing articles that the government considered as critical of the Rayale administration.

Source: Somaliland Times

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