The Verdict of Samsam Ahmed Du’aale:
The Law of the Rulers or the Rule of Law?
(SHHRF 0023/2004, 19/12/2004)

 On 15 December 2004, Samsam Ahmed Du’aale, a 16-years old girl who was absurdly accused of espionage and conspiracy in Somaliland, was sentenced to five years of imprisonment. It is believed that the rule was biased and unfair as no proof to validate the charges had been brought to the court. There are (cut all elements) good grounds to suspect the case as Samsam was alleged to be spying on the Vice-President of Somaliland. Samsam is from Puntland Somalia which is at war with Somaliland over the disputed regions of Sool and Sanaag East.

The sentencing of Samsam Ahmed Du’aale has proved how far Somaliland authority would like to go to violate human rights. The kangaroo court confirms how the law of the rulers has prevailed over the rule of law which was expected Somaliland to follow after a decade and half of peace and progress. Alas, the people of Somaliland are the last to be reminded the importance of human rights and kangaroo courts.

During her detention, Samsam had been tortured and beaten by the police. It has also been alleged that Samsam had been raped by police officers as she was detained and tried as an adult person. When the case against her was challenged in the court by the defence lawyers, the judge callously charged Samsam’s lawyers on contempt of court and sent them to prison. The judge also dismissed Samsam’s allegations of rape and other torture while in custody without impartial investigation.

To silence all critics of the Samsam's case, it was claimed that the police arrested and intimated members of human rights activists in Somaliland. Similarly, anyone suspected on account of criticising the authority over this case was being intimidated by the police.

The case cough the attention of many respected local and international human rights organisations, which raised their concern about the detention and the trail of Samsam. One of such organisation is Amnesty International which considers that Samsam’s trial was “grossly unfair and produced no evidence to substantiate the serious charge of espionage affecting the security of the state”.

For a community to grow and progress, it needs to respect its laws and the democratic credentials it vaunts to stand for. As mentioned in our previous statement, Samsam’s saga is reminiscent of the old days’ of the military regime of Siyad Barre where the disrespects and violations of human rights were daily occurrences. This act contravenes centuries old Somali culture values where children, women and elders are given the uppermost respect. It is also a disgrace to the people of Somaliland as the saga has tarnished the good cultural values of Somalis.

Sultan Hurre Human Rights Focus appeals to the Somaliland authorities to be kind and respect the human rights and release Samsam Ahmed Du’aale without any condition as it is outrageous to accuse an adolescent girl of espionage and conspiracy to assassinate a high profile personality in Somaliland. We also ask the relevant authorities to call an independent inquiry of the alleged rape and torture. On the basis of this finding, the authorities should persecute those found to be responsible for this serious crime.

Sultan Hurre Human Rights Focus (SHHRF)