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MINNESOTA::: Warbixino iyo Doodo ku Saabsan Samsam
Barnaamij isugu jira waraysiyo iyo dood oo uu qabtay Radio Codka Beesha Soomaalida Minnesota ayaa looga hadlay xaalada Samsam Axmed Ducaale oo ku xiran Hargaysa..
Dhegeyso halkan... [Codka Beesha]

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WARBAAHINTA HARGEYSA IYO TODDOBAADKAN VS SAMSAM

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"Samsam Waxay Noo Cadaysay Inaanay Ilaalada & Askarta Madaxweyne Xigeenku Waxa dhibaato ah u Geysan

Talaado dec 7, 2004

Bayaan Xubno ka mid ah Mudanayaasha hartiga Kaga jira Baarlamaanka Somaliland.

Hargeysa, (Haatuf) 4 xubnod oo ka tirsan labada gole ee Baarlamaanka ah xubnaha beelaha Harti (Warsan-geli & Dhul bahante) kaga jira Baarlamaanka Somaliland ayaa sheegay inaanay ilaalada madaxweyne ku xigeenku wax dhibaato iyo wax faraxumayn ah u geysan gabadha reer Boosaaso ee Samsam Axmed Ducaale oo ay xukuumadda Somaliland ku oogtay dacwad la xidhiidho basaasnimo ku wajahan Madaxweyne ku xigeenka, isla markaana waxay madaxweyne ku xigenka, Axmed Yuusuf Yaasiin ka codssadeen inuu gabadhaa xoriyadeeda u celiyo maadaama loo haysto eedo isaga khuseeya, waxayna mudanayashani sidaa ku sheegeen qoraal kooban oo ay saxaafadda u qaybiyeen.

Samsam Axmed Ducaale iyo Hargaysa

Qareennada u doodaya dhinaca gabadha ayaa maxkamadda horteda kaga dacwiyey in la faraxumeeyay Samsam, isla markaana qaar kamid ah gododka wararka (Internet & Web-sites) ee Puntland iyo qaar kale oo ka mid ah kuwa Soomaalida kale ayaa lagu faafiyey sawirka gabadha (Samsam) iyo Madaxweyne kuxigeenka oo la is-barbar dhigay, taas oo ay dadka wararka faafiyey u macneeyeen inay gabadhaa faraxumeeyeen ilaalada madaxweyne ku xigeenku, iyadoo ay gabadhaasi markii u horaysay ee Hargeysa timi tagtay guriga uu degan yahay madaxweyne kuxigeenku.

Hase yeeshee afartan mudane waxay qoraalkooda ku sheegeen inaanay ilaalada madaxweyne ku xigeenku wax dhibaato ah iyo wax fara xumayn ah u geysan, tasna ay soo xaqiijiyeen. Sidaa darteed ay codsanayaan in la sii daayo, arinteedana la dhameeyo. Laakiin qoraalkaasi isaga oo dhamaystrian waxa uu u dhignaa siddan;

Xeer Jabjab Lagu Furdaaminayo Dhibaatadii Loo Gaystay Samsam | Warbixin | Guji Dec 8

"Anaga oo ah xil-dhibaanada magacyadoodu hoos ku qoran yihiin waxaanu bayaankayaga kaga hadlaynaa gabadha magaceeda la yidhaahdo. Samsam Axmed Ducaale oo muddo dhawr bilood ah ku xidhnayd xabsiga dhexe ee Hargeysa, laguna eedeeyey basaasnimo.

Hase yeeshee waxaanu ogaanay gabadha yar ee Samsam ee loo haysto eedda basaasnimada inaya si khalad ah ku tagtay guriga madaxweyne kuxigeenka, balse aad loo buunbuuniyey, iyaduna ay sheeganayso in dhibaatooyin loo geystay.

Laakiin anaga (mudanayaasha), hogaan dhaqameedyo iyo wax garad kaleba waxay noo cadaysay in mudadii yarad ee ay la joogtay madaxweyne ku xigeenka iyo eheladiisa anaay ilaalada iyo askarta madaxweyne ku xigeenku u geysan wax dhibaato ah iyo wax waxyeelo ah toona.

"Anigu waxan ahay Mudane ka soo jeeda halka xudunta u ah xiisadda siyaasadeed ee u dhaxaysa Somaliland iyo Puntland degaan kaygiina ma tagin Muddo laba sanno ah waxaana ka socda dagaal, wax la iga weydiiyayna ma jirto waxan ku micneeyana garan maayo dagaalkaas sida runtu tahay kuma xog dhaamo habraha Qari-Jiqood (meel ka mid ah dhulka Ogaadeeniya) jooga waxa ila mid ah Soddon iyo Lix xildhibaan oo ka soo jeeda degaamadaas iyo masuuliyiin kale oo ku jira golaha wasiirada iyo waaxyaha kale ee dawladda, waxa jirta siyaasad gaamurtay oo kala xidhay masuuliyiintaas iyo masuuliyadoodii bal hadaba is waydiintu waxay tahay masuuliyiinta ka soo jeeda degaamadaasi waa maxay macnaha ay ugu fadhiyaan guud ahaan ummada Reer somaliland gaar ahaan deegaamadoodii? " Xildhibaan C/risaaq Warsame Xayir

Sidaa awgeed madaxweyne kuxigeen waxaanu si sharaf iyo qaderin mudan kaaga codsanaynaa in gabadhaa xornimadeeda loo celiyo, isla markaana wixii xuquuq ah ee ay yeelato meel la saaro si ay arinteedu u dhamaato qaran ahaan iyo qof ahaanba" ayey ku soo xidheen qoraalkooda waxayna xubnaha mudanayasha ah ee qoraalkan soo saaray kala yihiin.

• 1. Mudane C/salaan Maxamed Siciid
• 2. Mudane Cabdi Faarax Ducaale
• 3. Mudane C/rishiid sh. C/laahi Aadan
• 4. Mudane Maxamed Xirsi Muslin

Wasiirka Cadaaladda Oo Jawaab Faahfaahsan Ka Bixiyey Warbixintii Amnesty Ee Xadhiga Gabadha Reer Boosaaso

December 7, 2004

Hargeysa, (Haatuf) – “Ururada Madaxa banaan iyo bulshada rayidka kah waxaanu ku boorinaynaa inay iska ilaaliyaan ku talax-tegida xoriyaadka iyo in laga digtoonaado is-hortaag lagu sameeyo hir-gelinta cadaaladda”, Sidaa waxa yidhi wasiirka cadaaladda ee dawlada Somaliland, Axmed Xasan Cali, isaga oo jawaab ka bixiyey war-bixin ay hay’adda caalamiga ah ee Amnesty soo saartay dhowaan, warbixintaas oo ku saabsanayd gabadha reer Boosaaso ee Samsam Axmed Ducaale ee ay dawlada Somaliland ku eedaynayso falal basaas-nimo, Taas oo ay hay’adda Amnesty warbixinteeda ku sheegtay in lagu sameeyey kufsi iyo kar-baash.

Hase yeeshee dhambaal qoraal ah oo uu shalay soo saaray wasiirka cadaaladda Somaliland uu ku tilmaanay warbixinta Amnesty inay xambaarsan tahay macluumaad aan xaqiiq ahayn, isla markaana waxa uu Tafaasiil ka bixiyey dacwadda ka socota maxkamadda gobolka Hargeysa ee ku saabsan Samsam Axmed Ducaale iyo wiil is-na la yidhaahdo Cumar Jaamac Warsame. Laakiin qoraalka wasiirku isaga oo dhamaystiran waxa uu u qornaa sidan:

1. Eedda:

Samsam Maxamed Axmed iyo Cumar Jaamac Warsame waxay ku eedaysan yihiin dacwad la xidhiidha argagixiso, waana sababtaas ta looga qaaday xoriyadda oo loo xidhay. Laguma tilmaami karo dembiilayaal ila inta arintooda maxkamaddu go’aan kama dambays ah oo ku lid ah ka soo saarayo.

Hadii maxkamadda horteeda waxba kaga caddaan waayaan waxay xaq u leeyihiin in xoriyadoodii loo soo celiyo sifo sharciga waafaqsan. Muddada ay dacwadu ka socoto maxkamada waxay eedaysanayaashu ula siman yihiin xuquuqda uu sharcigu siinayo dhamaan dadka sidooda oo kale dacwaduhu u yaalaan maxkamadaha.

2. Xaqsoor (Fair Trial):

• 1. Maxkamadaa gacanta ku haysa dacwada Samsam Axmed Ducaale iyo Cumar Jaamac Warsame, waxay ka mid tahay maxkmadaha caadiga ah ee dalka, kamana jirto Somaliland maxkamado aan sharci ku dhisnayn oo si gaara dadka loogu cadaadiyo.

• 2. Iyagoo ula siman eedaysanayaasha kale waxa loo oggol-yahay inay qabsadaan qareenada ay iyagu doonaan, hadii ay qabsan kari waayaan qareeno waxa loo qabanayaa qareen lacag la’aan ah (legal aid).

• 3. Dacwada labadan eedaysane iyo kuwa kaleba waxaa lagu dhegaystaa meel u furan dadweynaha iyo cidkasta oo danaynaysa dhegaysigeeda (Public hearing).

• 4. Kama jirto habka ooggida dacwada ee nidaamka caddaaladda JSL in qofna lagu khasbo inuu qirto dembi, sdaas darteed waxaa la sugayaa xaqa eedaysanaha ee ku dhawaaqidda inuu dembiilaawe yahay (Right to a Presumption of Innocence).

• 5. Waxa loo sugayaa xaqa racfaan qaadashada (Right to Apeal), hadii wax laga tirsado go’aanka maxkamadda derejada kowaad.

• 6. Waxaa loo oggol yahay inay booqdaan qoysaskooda, qareenadooda iyo hay’adaha xuquuqda aadamaha.
  Dhamaan qodobbadan aan kor ku soo sheegnay waxay tiirar aasaasiya u yihiin xaqsoorka dacwadda (Fair Trial).

3. Da’ada Samsam Axmed Ducaale:

Inkastoo ay warbixinaha Amnesty International iyo African Rights si iska hor-imanaysa ugu kala tilmaameen da’da Samsam 16 iyo 17 sanno, haddana maxkamaddu waxay tixgelisay da’da Samsam ka sheegatay maxkamadda horteeda oo ah inay jirto 18 sanno.

4. Arinta Ku Saabsan Jidh-Dilka Iyo Kufsiga:

Arinta ku saabsan jidh-dilka iyo kufsiga ee ay ku andacoodeen eedaysanayaashu in ay u geysteen koox ka mid ah saraakiisha ciidanka dembi-baadhista bileysku, markay soo gaadhay maxkamadda garsooruhu iskama laahin arintan sida ku qoran warbixinta Amnesty International ee wuxuu u diray baadhis caafimaad siday ka codsadeen qareenada Samsam go’aankii dhakhtaradu soo saareena wuxuu ku soo baxay inaan jidh-dl iyo kufsi loo geystay Samsam iyo Cumar midna jirin.

5. Arrinta Afarta Qareen ee xidhan

Xaqiiqo ahaan arinka ay ku xidhan yihiin afartii qareen ee u doodayay Samsam Axmed ma khuseeyo wakiilnimadii ay ugu doodayeen dacwadda gabadha ee waxay ka dhalatay muran dhexmaray iyaga iyo garsooraha oo ku saabsanaa nin ka mid ahaa dadweynaha dacwada dhegaysanayey oo lagu eedeeyey inuu maxkamadda dhexdeeda ku qoslay, ma jirin durid garsooraha lagaga codsanayo inuu ka joogsado dacwadda ay wakiilka ka ahaayeen oo la mariyey nidaamka sharci ee dalka in dacwadda loo gudbiyo maxkamadda racfaanka si ay u eegto.

6. Warbixinta Amnesty International:

• a. Warbixinta ma xambaarsana xaqiiqada la xidhiidha dacwada Samsam iyo dhaliisha ay u jeediyeen garsoorka Somaliland ee waxay ku qotontaa warar ku-tidhi-ku-teen ah oo suuqa laga ururiyey iyo kuwa laga helay dad cadow u ah Somaliland oo iyagu shaqo ka dhigtay dhaleecaynta dawladda. Sida ka muuqata warbixintooda Amnesty may samayn baadhistii looga baahnaa si ay u gaadhaan runta dacwadda.

• b. Waxay warbixintu si toos ah ugu xad-gudbeysaa xuquuqda Samsam, taas oo marka dhaqanka Soomaalida loo eego, sida looga faafiyey arinka kufsiga ilaa idaacadaha saamayn weyn ku yeelan karto mustaqbalka Samsam, waayo waxa had iyo jeer dhacda gabdhaha arintan kufsiga oo kale lagu tilmaamo ama run ha ahaato ama been ha ahaatee waxay bulshada Soomaalida kala kulmaan dhaleecayn iyo takoor.

• c. Warbixintu sida loo buun-buuniyey iyo sida loo faafiyey waxay dhalin kartaa in gabdho yar-yar oo aan dembi lahayn loo geysto kufsi marka lagu xisaabtamo dhaqanka Aargoosiga ee ku qotoma nidaamka qabaliga ee Soomaalida.

7. Doorka Bulshada Rayidka ah:

Waxay dawladda Somaliland aqoonsan-tahay doorka ay bulshada rayidka ah iyo hay’adaha xuquuqda aadamuhu ku leeyihiin hirgelinta caddaaladda, sidoo kale waxay dawladu si macno leh u dhawraysaa xoriyadda aasaasiga ah ee dastuurka JSL, u jidaynayo muwaadiniinta ka mid noqoshada, abaabulidda iyo abuurida ururo bulsho, dhaqaale iyo siyaasadeed.

Hase yeeshee xoriyaddan oo lagu talax-tegay ayay ka dhasheen ururo xad dhaaf ah oo ishor iyo daba maraya, aanna lahayn waajibaadyo cad-cad oo ay ku hawlgalaan. Sidaas darteed waxaan ku boorinayaa ururada madaxa banaan iyo guud ahaan bulshada rayidka ah:

• Inay iska ilaaliyaan ku talax-tegida xoriyaadka.

• In la dhowro nidaamka sharci ee dalka.

• Iyo in laga digtoonaado is-hortaag lagu sameeyo hirgelinta caddaaladda (Justice Performance).

Ugu dambayn waxaan u mahad-celinayaa dawladaha iyo hay’adaha caalamiga ah ee naga kaaliya kor u qaadida horumarinta xuquuqda aadamaha oo ay ka mid yihiin dawladaha Maraykanka, Sweden, Norway, Ingiriiska yo Hay’adaha UNDP, UNICEF, UNHCR, SCF (Britain, USA, Denmark), DRC, USAID, sidaa iyo kuwo kale.”

ISHA: Haatuf
Afeef: Aragtida qoraalkan waxaa leh shabakada ku saxiixan

The Trial Of Zamzam Ahmed Dualeh Resumes But Justice Remains Elusive
Coalition for Justice and Peace in Somaliland — Hargeisa, Somaliland — 09 December, 2004
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The Coalition for Justice and Peace in Somaliland

8 December 2004

For additional information, please contact Ibrahim Haji Musa: 429 251


The Trial of Zamzam Ahmed Dualeh Resumes But Justice Remains Elusive


The trial of Zamzam Ahmed Dualeh, the 17-year old girl whose detention and trial has confronted the justice system in Somaliland with a series of challenges, resumed at Hargeisa regional court on Monday, 6 December, together with her co-defendant, Omer Jama Warsame. The trial had been indefinitely suspended by the presiding judge, Abdirahman Jama Hayaan, on 24 November, after he had summarily sentenced the four defence lawyers to three years in prison, allegedly for disturbance of the court. Four members of the Coalition for Justice and Peace in Somaliland (CJPS), which has been supporting the legal defence of the two detainees, attended Monday’s hearing. In light of the grave and widespread irregularities which were, again, apparent in the proceedings, the Coalition remains pessimistic, for the reasons detailed below, that justice will be done.

The Coalition is concerned that the trial on Monday reflected a legal strategy which effectively aims to remove the discussion from the courts to the political arena, with serious implications for the justice system in Somaliland. Having failed, despite repeated efforts, to provoke a confrontation outside the court with their supporters, which might have justified postponement of the trial, the government then moved to silence their lawyers through imprisonment. Now, after a few hours where they had no legal representation, no opportunity to call their own witnesses or to cross examine those for the prosecution, Zamzam and Omer are to be judged on Saturday 11 December. There are fears that they will indeed be sentenced on Saturday, and that they may then be “pardoned” by President Dahir Rayale.

The Lack of Legal Representation

With their four lawyers in prison, Zamzam and Omer were left to defend themselves, despite the gravity of the charges they face. According to the judge, a letter had been sent to the two detainees, and their families, informing them of the date of the hearing. But neither Zamzam nor Omer, who have been incarcerated in Hargeisa central prison since September, had received such notice and therefore had no opportunity to hire new lawyers. Nor did their families know of the impending hearing. Zamzam’s mother and Omer’s wife found out at the last minute through informal channels. The Coalition itself had no prior knowledge of the trial as no information had been given to the public.

The judge offered the detainees a choice: they could either act as their own lawyers and allow the proceedings to continue, or the trial could be postponed while they sought out new lawyers. Anxious to put their ordeal behind them, and hoping for an early release, Zamzam and Omer chose to lead their own defence.

Judge Hayaan continues to preside over the case, notwithstanding the criticisms levelled at him following his decision to sentence Zamzam and Omer’s lawyers. Moreover, the prosecutor, Yusuf Abdi Kahin, whose conduct was questioned by the defence lawyers during the previous session, was once again given a free hand to interrogate Zamzam and Omer—this time in the absence of their lawyers. Despite the intimidating circumstances, including the absence of the many relatives and supporters who had attended the court previously, the two detainees held their ground and argued their case as best as they could.

The Prosecution

As in the past, the prosecution produced witnesses, for the most part CID officers involved in interrogating the detainees, who repeated the claims that Zamzam and Omer were part of a conspiracy to murder the Vice President, had visited his residence for the purpose of surveillance, and that they had become suspicious when Zamzam repeatedly changed her name, details and clan identity. No new or material evidence was produced. No independent witnesses came forward to lend support to the prosecution’s arguments. Their case ended as it had begun, based entirely on the word of CID officers—some of whom have been accused of torturing the detainees and of raping Zamzam—and of the guards in charge of security at the Vice President’s home.

The Defendants

Both defendants refuted the prosecution’s charges and repeated their previous accusations against the CID for torture, and Zamzam continued to insist that she had suffered rape at the hands of six CID officers. As in the past, she did not hesitate to point out that some of the men involved in the rape included the prosecution’s witnesses. On this occasion, she singled out, as she had done on 4 October, a young CID officer who was in the witness stand. Desperate to leave prison, she made a strong appeal to the judge for an early release.

Omer, who had driven Zamzam from Bosasso to Hargeisa in his vehicle for hire, categorically rejected the charge that he had any involvement with espionage and a conspiracy to assassinate the Vice President. He reminded the court that he had in fact been released by the CID after two or three days of questioning in mid-August, and had been re-arrested and charged only after he demanded that the deputy head of the CID, Saeed Mohamed Absiye, who had used his car and damaged the engine, compensate him for his losses.

He related how he had returned to CID headquarters in search of his car after his release and was told that the deputy head of the CID had the keys. Accompanied by a soldier and a mechanic, the car was taken from the CID compound to a garage where the engine was found to be faulty. Omer said he returned to the CID in the company of two parliamentarians to give him moral support. They left empty-handed after an abusive encounter with Absiye. He then, he added, went back on his own, at which point Absiye threatened to have him arrested if he continued to speak about the car. He was, he said, given a serious beating and hand-cuffed, after which he was then driven to Hargeisa central police station where Absiye instructed the police to give him the maximum punishment, which meant that he was held in isolation, denied access and even food for a certain period.

Saeed Mohamed Absiye was due to testify in court for the prosecution on Monday. The hearing was in fact suspended for a while to give him the chance to attend, but he failed to turn up.

Omer told the court that he believes the charges were fabricated to cover up: (1) the injuries he has suffered from the torture; (2) the damage to his car and (3) to divert attention from the circumstances of his re-arrest and long period of imprisonment.

A Denial of Justice

The defendants have not yet had a chance to call a single witness to the stand. All the hearings to date have been devoted to prosecution witnesses. And on Monday, with their lawyers behind bars, and no opportunity to prepare their own defence in advance, they were left in a position of extreme vulnerability. The government has said that their lawyers will have their appeal heard on Thursday, and that the verdict on Zamzam and Omer will be delivered on Saturday. Even if their lawyers win their appeal and are released, there are no further opportunities to put forth arguments, since Saturday is merely to hear the verdict.

When Omer and Zamzam asked the judge about their own complaints against the CID, he told them to “write a letter.” The prosecutor himself pointed out that they are not allowed to have pens and paper in prison. Nor are they allowed to talk to visitors in private who could then assist them in composing such a letter. The judge simply repeated the suggestion that they should record their complaints in writing. Yesterday, 7 December, the judge, Hayaan, wrote a letter, a copy of which was given to Zamzam’s mother, in which he instructed the head of the central prison to type up the letter “which they will compose themselves”, a suggestion that has done little to reassure their families.

The Judge and the Prosecutor

If Somaliland is to improve its justice system, as the members of the Coalition believe it can and must, we urge the Government of Somaliland to address impediments to a fair trial. In this context, we regret the failure of the Chief Justice to respond to the calls which have been made by, amongst others, the detained lawyers, for the disqualification of judge Hayaan from the case, and the removal of the prosecutor, Yusuf Abdi Kahin.

Once again, the Coalition reiterates the calls for the removal of the judge and prosecutor from the case given the consistent and overwhelming proof of the necessary lack of professional ethics. In the case of the judge, his partiality and subservience to the prosecution, which members of the Coalition have witnessed repeatedly, is grounds for transferring the case to another judge.

What is at Stake?

The Coalition for Justice and Peace in Somaliland has been strongly criticised by some within the Government of Somaliland, by sections of the media in Somaliland, and even by some members of civic groups, for attracting “negative publicity” for Somaliland, and thereby damaging its interests.

As individuals and organizations concerned about the promotion of justice, accountability, transparency and peace in Somaliland, we regard it as our civic and moral responsibility as citizens of Somaliland, and our duty as human beings, to try and correct injustice in whatever guise it appears, no matter how difficult and discouraging the challenge might be. Far from jeopardising the future of Somaliland, we believe that we are making a vital and constructive contribution in ensuring that it is being built on solid foundations of which we can all be proud, and which can serve us all, in the years to come. We are concerned that injustices and abuses in themselves constitute a threat to the stability of Somaliland.

A Question of Individual Responsibility

The Coalition has consistently emphasised the importance of a full investigation, a fair trial for Zamzam and Omer, justice for all concerned and the principle of individual culpability. It is clear to us that serious mistakes have been made in the administration of justice, and within the CID, and these mistakes are the responsibility of particular individuals. Zamzam and Omer have also made allegations about torture, and rape in the case of Zamzam, against specific officers within the CID force. Those in charge of the administration of justice, and of the police force, should investigate these accusations, openly and fairly, and take the necessary corrective action for the sake of justice, to distance their institutions from the errors of certain employees and to safeguard the credibility of the offices which have been entrusted to them. When they fail to do so, it is inevitable that the blame will be generalised, to the detriment of Somaliland now, and in the future.

What Can be Done?

To move the process of justice forward, the Coalition for Justice and Peace is putting forward the following recommendations:

- A meaningful trial must be organized immediately in which Zamzam and Omer have legal representation and the opportunity to cross examine witnesses.

- Their defence lawyers must be released immediately and unconditionally.

- The allegations of rape and torture must be urgently and thoroughly investigated and the findings made public. If the allegations of rape are substantiated, the judicial authorities in Somaliland will have the opportunity to set a new standard by bringing a prosecution for rape against public officials.

- Both the judge, Abdirahman Jama Hayaan, and the prosecutor, Yusuf Abdi Kahin, who have lost credibility on the basis of their performance to date, should be replaced with immediate effect.

The Coalition for Justice and Peace in Somaliland, formed recently, brings together organizations and individuals that share a common interest in promoting justice, peace, human rights, the culture of dialogue and the establishment of democratic institutions in Somaliland.

Afeef: Aragtida qoraalkan waxaa leh qoraaga ku saxiixan

Faafin: SomaliTalk.com | Dec 9, 2004

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