Controversial Somali court decision grants immunity to perpetrator of human rights abuses

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Controversial Somali court decision grants immunity to perpetrator of human rights abuses

MOGADISHU (HORN OBSERVER) – Last week, the Mogadishu court faced criticism for releasing a police officer accused of perpetrating serious crimes against vulnerable communities, raising concerns about accountability for human rights violations i

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Police Captain Abdifatah Bashir Ali cleared even though case not heard leaving victims agonise.

MOGADISHU (HORN OBSERVER) – Last week, the Mogadishu court faced criticism for releasing a police officer accused of perpetrating serious crimes against vulnerable communities, raising concerns about accountability for human rights violations in Somalia.

The case against Police Captain Abdifatah Bashir Ali, a former mid-rank commander of the Islamic Courts Union militia who then formed an Al-Shabaab terrorist Amniyat unit, was brought to court following a complaint filed by a Mogadishu family at the Banadir Regional Court.

The family, represented by their lawyer, alleged that police Captain Abdifatah Bashir Ali illegally seized their property within the Aden Adde International Airport zone, where he serves as the commander of the airport police station and hails from an armed clan in Mogadishu.

According to Judge Sakariye Abubakar, the court initially summoned Abdifatah, but he failed to appear. Subsequently, on April 24, Judge Sakariye issued a warrant for his arrest, ordering the police chief to apprehend and bring him before the court.

"After having seen the previous court summoning issued on 23/04/2024 which orders Mr. Abdifatah Bashir Ali to appear before the court, which he did not heed, we have now decided to issue this arrest warrant against him,” stated Judge Sakariye Abubakar.

Other cases

COURT LETTER: Arrest warrant for police captain Abdifatah Bashir Ali.

Court sources revealed they had received other complaints alleging possible assassinations, beheadings of civilians, maiming, rape and enforced disappearances against Captain Abdifatah, prompting hopes to investigate these allegations alongside the current case.

"In this country, there are untouchables, and sometimes people take that for granted. This case is a real example of how certain individuals are more powerful than others and therefore cannot be held accountable,” remarked an officer at the court.

However, on April 29, the Banadir Regional Court chairman disowned Judge Sakariye’s summoning and issued a counterorder halting the case against Captain Abdifatah Bashir Ali.

"There were no hearings. We, as complainants and our lawyers, were not called. We just heard the case has been stopped,” expressed a member of the family that had sued the police captain.

Even though the case was not heard, on April 29, 2024, the Banadir Regional Court chairman disowned Judge Sakariye's summoning and issued a counterorder halting the case against Captain Abdifatah Bashir Ali.

COURT LETTER: Even though the case was not heard, on April 29, 2024, the Banadir Regional Court chairman disowned Judge Sakariye's summoning and issued a counterorder halting the case against Captain Abdifatah Bashir Ali.

Allegations of corruption surfaced, with a letter allegedly clearing Abdifatah issued by Salah Ali Mohamud, known for his involvement in corrupt dealings.

Documents reviewed by our team revealed serious issues, including forgery and the use of fake identities in previous court filings against Captain Abdifatah.

Moreover, judges involved in the case disclosed allegations of forced disappearances, including young girls, and noted two rape cases involving women from minority communities, with files mysteriously destroyed and no court proceedings initiated.

These cases were described as "systematic targeting of particular groups and communities, including those in displacement camps of the Rahanweyn and bantu clans.”

In Somalia’s complex security apparatus, former members of terrorist groups and clan militias implicated in human rights violations often enjoy protection and immunity, particularly if they belong to larger armed clans controlling government security and the army.