Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
Government security forces and allied militias, other persons wearing uniforms, regional security forces, al-Shabaab, and unknown assailants committed arbitrary or unlawful killings. Government and regional authorities executed persons without due process. Armed clashes and attacks killed civilians and aid workers (see section 1.g.). Impunity remained the norm.
Military courts continued to try cases not legally within their jurisdiction and in proceedings that fell short of international standards. Federal and regional authorities sometimes executed those sentenced to death within days of the court’s verdict, particularly in cases where defendants directly confessed their membership in al-Shabaab before the courts or in televised videos. National figures on executions were unreliable, but the UN Mission to Somalia (UNSOM) tracked 21 executions across the country during the year, including four of alleged al-Shabaab members, 11 of armed forces members, and five of civilians. Human rights organizations questioned the military courts’ ability to enforce appropriate safeguards with regard to due process, the right to seek pardon, or commutation of sentence as well as to implement sentences in a manner that meets international standards.
Fighting among clans and subclans, particularly over water and land resources, occurred throughout the year, particularly in the cities of Merka and Galkayo and in Hiiraan Region (see section 6). Revenge killings occurred.
Al-Shabaab continued to kill civilians (see sections 1.g. and 6). The killings included al-Shabaab’s execution of persons it accused of spying for and collaborating with the FGS, Somali national forces, and affiliated militias.
Unidentified gunmen also killed persons with impunity, including members of parliament, electoral delegates, judges, National Intelligence and Security Agency (NISA) agents, Somali National Army (SNA) soldiers, and other government officials, as well as journalists, traditional elders, and international organization workers.
There were no reports of kidnappings or other disappearances by or on behalf of government authorities. Al-Shabaab continued to abduct persons, including humanitarian workers and AMISOM troops taken hostage during attacks (see section 1.g.). Pirates continued to hold persons kidnapped in previous years.
Eight Iranian fishermen kidnapped in 2015 by al-Shabaab in Somali waters near El-Dheer, Galguduud Region, remained hostage at year’s end. Four other fishermen captured during the attack died in captivity, one escaped, and four were rescued.
Unlike in the previous year, there were several reports of attempted piracy attacks and two successful attacks off the coast of Puntland, but the vessels and crews were quickly recovered.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The provisional federal constitution prohibits torture and inhuman treatment. Nevertheless, torture and other cruel, inhuman, or degrading treatment or punishment occurred. The UN Monitoring Group on Somalia and Eritrea (SEMG) reported it received allegations that NISA officials committed torture, although reports of torture in NISA detention diminished in the past two years. Government forces, allied militia, and other men wearing uniforms committed sexual violence, including rape (see section 1.g.).
Federal and regional authorities used excessive force against journalists, demonstrators, and detainees, which resulted in deaths and injuries, although this largely subsided at the national level following President Farmaajo’s election in February.
In February three female journalists in Somaliland claimed they were beaten by uniformed officers and detained for several hours while visiting a relative in prison in Hargeisa. No investigation was conducted.
NISA agents routinely conducted mass security sweeps despite having no legal mandate to arrest or detain. NISA held detainees for prolonged periods without following due process and mistreated suspects during interrogations.
Al-Shabaab imposed harsh punishment on persons in areas under its control (see sections 1.a. and 1.g.).
Clan violence sometimes resulted in civilian deaths and injuries (see sections 1.g. and 6).
Prison and Detention Center Conditions
Prison conditions in most areas of the country remained harsh due to poor sanitation and hygiene, inadequate food and water, and lack of medical care. Conditions were better in Central Mogadishu Prison, but overcrowding was a problem. Two facilities–Garowe Prison in Puntland (completed in 2014) and Hargeisa Prison in Somaliland (completed in 2011)–met international standards and reportedly were well managed. Prisons in territory controlled by al-Shabaab and in remote areas where traditional authorities controlled holding areas were generally inaccessible to international observers. Prison conditions in such areas were believed to be harsh and at times life threatening.
Physical Conditions: Overcrowding in urban prisons–particularly following large security incidents involving arrests–sometimes occurred. Authorities sometimes held juveniles and adults together, due in part to the belief that juveniles were safer when housed with members of their own subclan. Prison authorities often did not separate pretrial detainees from convicted prisoners, particularly in the southern and central regions.
Only inmates in Central Mogadishu Prison, Garowe Prison, and Hargeisa Prison had daily access to showers, sanitary facilities, adequate food and water, and outdoor exercise. Authorities in some states, however, made modest improvements in these areas in recent years with support from international organizations. Inmates in most prisons relied on their family and clan to supplement food and water provisions. The incarceration of juveniles at the request of families who wanted their children disciplined remained a problem, primarily in Puntland and Somaliland. This practice occurred mainly with diaspora children, whose families paid prison authorities to hold children with substance abuse problems as a form of rehabilitation due to the lack of other treatment options.
Authorities generally required the families of inmates to pay the cost of health services; inmates without family or clan support had limited access to such services. Disease outbreaks, such as tuberculosis and cholera, continued to occur, particularly in overcrowded prisons, such as Mogadishu. Such outbreaks could be life threatening during the rainy season.
In May two inmates died of cholera and 50 others were isolated during a cholera outbreak at a prison in Hargeisa.
Prison infrastructure often was dilapidated, and untrained guards were unable to provide security.
Information on deaths rates in prisons and pretrial detention centers was unavailable.
Al-Shabaab detained persons in areas under its control in the southern and central regions. Those detained were incarcerated under inhuman conditions for relatively minor “offenses,” such as smoking, having illicit content on cell phones, listening to music, watching or playing soccer, wearing a brassiere, or not wearing a hijab.
Administration: Most prisons did not have ombudsmen. Federal law does not specifically allow prisoners to submit complaints to judicial authorities without censorship. Somaliland law, however, allows prisoners to submit complaints to judicial authorities without censorship, and prisoners reportedly submitted such complaints.
Prisoners in Central Mogadishu, Garowe, and Hargeisa prisons had adequate access to visitors and religious observance; infrastructure limitations in other prisons throughout the country impeded such activities.
Independent Monitoring: Somaliland authorities and government authorities in Puntland and Mogadishu permitted prison monitoring by independent nongovernmental observers during the year. Representatives from the UN Office on Drugs and Crime visited prisons in Bosasso, Garowe, and Hargeisa several times. UNSOM representatives, other UN organizations, and humanitarian institutions visited a few prisons throughout the country. Geographic inaccessibility and insecurity impeded such monitoring in territory controlled by al-Shabaab or in remote areas where traditional authorities controlled detention areas.
Improvements: The FGS opened a new high-security Mogadishu Prison and Court Complex with funding from the United Kingdom. The new facility was designed to reduce insecurity for proceedings, particularly those involving terrorist suspects.
d. Arbitrary Arrest or Detention
Although the provisional federal constitution prohibits illegal detention, government security forces and allied militias, regional authorities, clan militias, and al-Shabaab arbitrarily arrested and detained persons (see section 1.g.). The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but only politicians and business persons could exercise this right effectively.
ROLE OF THE POLICE AND SECURITY APPARATUS
The provisional federal constitution states that the armed forces are responsible for assuring the country’s sovereignty, independence, and territorial integrity and that the national federal and state police are responsible for protecting lives, property, peace, and security. Police were generally ineffective and lacked sufficient equipment and training. In Mogadishu, for example, police lacked sufficient vehicles to transfer prisoners from cells to courts or to medical facilities. There were reports of police engaging in corrupt practices.
AMISOM and the SNA worked to maintain order in areas of the southern and central regions. The FGS regularly relied on NISA forces to perform police work, often calling on them to arrest and detain civilians without warrants. Some towns and rural areas in the southern and central regions remained under the control of al-Shabaab and affiliated militias. The Ministry of Defense is responsible for controlling the armed forces. Police forces fall under a mix of local and regional administrations and the government. The national police force remained under the jurisdiction of the Ministry of Internal Security, while regional authorities maintained police forces under their areas’ interior or security ministries.
Civilian authorities did not maintain effective control of security forces. Security forces abused civilians and often failed to prevent or respond to societal violence. Although authorities sometimes used military courts to try individuals believed to be responsible for abuse, they generally did not investigate abuse by police, army, or militia members; a culture of impunity was widespread.
The United Nations reported an increase in arbitrary arrests and detentions in Puntland during the year. A total of 121 individuals, including five women, were arrested in July during security operations and routine security screening, mostly in the towns of Garowe and Bosasso. The majority of those arrested were reportedly suspected of being al-Shabaab members, irregular migrants, youth accused of petty crimes, and one journalist. During the first half of the year, 1,226 arbitrary arrests and illegal detentions were recorded, mostly occurring in Puntland; 993 detainees were subsequently released.
The Ministry of Defense’s control over the army remained tenuous but improved somewhat with the support of international partners. At year’s end, the army consisted of 11,000 to 14,000 soldiers, according to estimates by international organizations. The bulk of forces were located in Middle Shabelle and Lower Shabelle Regions, as well as in the ISWA and IJA. The Ministry of Defense exerted some control over forces in the greater Mogadishu area, extending as far south as Lower Shabelle Region, west to Baidoa, Bay Region, and north to Jowhar, Middle Shabelle Region. Army forces and progovernment militia sometimes operated alongside AMISOM in areas where AMISOM was deployed. The federal police force maintained its presence in all 17 districts of the capital. AMISOM-formed police units complemented local and FGS policing efforts in Mogadishu. These police officers provided mentoring and advisory support on basic police duties, respect for human rights, crime prevention strategies, community policing, and search procedures. More than 300 AMISOM police officers worked alongside the formed units to provide training to national police.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The provisional federal constitution provides for arrested persons to be brought before judicial authorities within 48 hours. The law requires warrants based on sufficient evidence and issued by authorized officials for the apprehension of suspects. The law also provides that arrestees receive prompt notification of the charges against them and judicial determinations, prompt access to a lawyer and family members, and other legal protections. Adherence to these safeguards was rare. The FGS made arrests without warrants and detained individuals arbitrarily. The government sometimes kept high-profile prisoners associated with al-Shabaab in safe houses before officially charging them. The law provides for bail, although authorities did not always respect this provision. Authorities rarely provided indigent persons a lawyer. The government held suspects under house arrest, particularly high-ranking defectors from al-Shabaab with strong clan connections. Security force members and corrupt judicial officers, politicians, and clan elders used their influence to have detainees released.
Arbitrary Arrest: Government and regional authorities arbitrarily arrested and detained numerous persons, including persons accused of terrorism and supporting al-Shabaab. Authorities frequently used allegations of al-Shabaab affiliation to justify arbitrary arrests (see section 1.g.).
Government and regional authorities arbitrarily arrested journalists.
Government forces conducted operations to arrest youths they perceived as suspicious without executing warrants.
Pretrial Detention: Lengthy pretrial detention was common, although estimates were unavailable on the average length of pretrial detention or the percentage of the prison population being held in pretrial detention. The large number of detainees, shortage of judges and court administrators, and judicial inefficiency resulted in trial delays.
e. Denial of Fair Public Trial
The provisional federal constitution states, “The judiciary is independent of the legislative and executive branches of government.” The civilian judicial system, however, remained largely nonfunctional across the country. Some regions established local courts that depended on the dominant local clan and associated factions for their authority. The judiciary in most areas relied on a combination of traditional and customary law, sharia (Islamic law), and formal law. The judiciary was subject to influence and corruption and was strongly influenced by clan-based politics. Authorities did not respect court orders. Civilian judges often feared trying cases, leaving military courts to try the majority of civilian cases. In July the legislative branch attempted to exert authority over the judiciary by passing a motion annulling a Federal High Court decision requiring eight seats in parliament be recontested following allegations of corruption in the electoral process. President Farmaajo pressed the parliament to respect judicial independence, but the court decision was ultimately not enforced.
In Somaliland functional courts existed, although there was a serious shortage of trained judges, limited legal documentation upon which to build judicial precedent, and increasing allegations of corruption. Somaliland’s hybrid judicial system incorporates sharia, customary law, and formal law, but they were not well integrated. There was widespread interference in the judicial process, and government officials regularly intervened to influence cases, particularly those involving journalists. International NGOs reported local officials interfered in legal matters and invoked the public order law to detain and incarcerate persons without trial.
Puntland courts, while functional, lacked the capacity to provide equal protection under the law and faced similar challenges and limitations as courts in Somaliland.
Traditional clan elders mediated conflicts throughout the country. Clans frequently used and applied traditional justice practices swiftly. Traditional judgments sometimes held entire clans or subclans responsible for alleged violations by individuals.
The provisional federal constitution states, “Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time.” According to the provisional federal constitution, individuals have the right to a presumption of innocence. They also have the right to be informed promptly and in detail of the charges against them in a language they understand, although the constitution is unclear on whether the right to translation applies through all appeals. Detainees have the right to be brought before a competent court within 48 hours of arrest, to communicate with an attorney of their choice (or have one provided at public expense if indigent), and to not be compelled to incriminate themselves. Authorities did not respect most rights relating to trial procedures. Clan politics and corruption often impeded access to a fair trial. The provisional constitution does not address confronting witnesses, the right to appeal a court’s ruling, the provision of sufficient time and facilities to prepare a defense, or the right to present one’s own evidence and witnesses.
Military courts tried civilians. Defendants in military courts rarely had legal representation or the right to appeal. Authorities sometimes executed those sentenced to death within days of the court’s verdict (see section 1.a.). Some government officials continued to claim that a 2011 state of emergency decree gave military courts jurisdiction over crimes, including those committed by civilians, in areas from which al-Shabaab had retreated. There was no clear government policy indicating whether this decree remained in effect, although the initial decree was for a period of three months and never formally extended.
In Somaliland defendants generally enjoyed a presumption of innocence and the right to a public trial, to be present at trial, and to consult an attorney at all stages of criminal proceedings. The government did not always inform defendants promptly and in detail of the charges against them and did not always provide access to government-held evidence. The government did not provide defendants with dedicated facilities to prepare a defense but generally provided adequate time to prepare. The government provided defendants with free interpretation or paid for private interpretation if they declined government-offered interpretation from the moment charged through all appeals. Defendants could question witnesses, present witnesses and evidence in their defense, and appeal court verdicts.
Somaliland provided free legal representation for defendants who faced serious criminal charges and could not afford a private attorney. Defendants had the right not to be compelled to testify or confess guilt. A functioning legal aid clinic existed.
In Puntland clan elders resolved the majority of cases using customary law. The administration’s more formalized judicial system addressed cases of those with no clan representation. Defendants generally enjoyed a presumption of innocence, the right to a public trial, the right to be present and consult an attorney at all stages of criminal proceedings, and the right to appeal. Authorities did not always inform defendants promptly and in detail of the charges against them. Defendants had the right to present their own witnesses and evidence. Authorities did not provide defendants with dedicated facilities to prepare a defense but generally provided adequate time to prepare. Puntland authorities provided defendants with free interpretation services when needed. The government often delayed court proceedings for an unreasonable period.
There was no functioning formal judicial system in al-Shabaab-controlled areas. In sharia courts defendants generally did not defend themselves, present witnesses, or have an attorney represent them.
POLITICAL PRISONERS AND DETAINEES
The number of persons detained during the year for politically motivated reasons was unknown. Government and regional authorities arrested journalists as well as other persons critical of authorities, although arrests and harassment in Mogadishu substantially subsided following President Farmaajo’s election in February.
Somaliland authorities continued to detain Somaliland residents employed by the federal government in Mogadishu, sometimes for extended periods. Somaliland authorities did not authorize officials in Mogadishu to represent Somaliland within or to the federal Somali government and viewed such actions as treason, punishable under the constitution of Somaliland.
For example, on February 15, journalist Abdimalik Oldoon was arrested in Somaliland upon return from Mogadishu where he covered the presidential election and inauguration. Oldoon was sentenced to two years in prison for spreading antinationalist activities. In May Somaliland President Silanyo ordered his release and granted him amnesty.
On April 11 in Somaliland, two members of the Waddani opposition party–the youth wing leader and the sports secretary–were arrested for statements they made at a press conference. On May 21, the youth wing leader was acquitted and the sports secretary was sentenced to one year in prison. The youth wing leader’s release was blocked by the attorney general, but both were granted bail on May 29.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
There were no known lawsuits seeking damages for, or cessation of, human rights violations in any region during the year, although the provisional federal constitution provides for “adequate procedures for redress of violations of human rights.”
In Mogadishu the government and nonofficial actors evicted persons, primarily IDP returnees, from their homes without due process (see section 2.d.).
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
According to the provisional federal constitution, “every person has the right to own, use, enjoy, sell, and transfer property” and the private home is inviolable. Nonetheless, authorities searched property without warrants.
For example, security forces conducted warrantless searches during and after Ramadan. In July security forces conducted security operations in the Hawo Tako neighborhood of the Wadajir district in Mogadishu, where they entered homes to search for weapons. While particular homes were reportedly targeted during the security operations, entire areas were subjected to security sweeps following security incidents or attacks.
During the year AMISOM and Somali forces retained control over several areas liberated from al-Shabaab in 2015, although it liberated no significant territory after that time. The return of IDPs to areas recently liberated continued to result in disputes over land ownership. There was no formal mechanism to address such disputes. In 2016 the Ethiopian National Defense Force contingent drew down from 4,000 to 3,000 troops and abandoned some positions in the regions of Bay, Bakool, and Hiiraan, opening some of these areas to reentry by al-Shabaab.
Government and regional authorities harassed relatives of al-Shabaab members.