Human Rights Centre Quarterly Report on the Situation of ......Aug 06, 2017 · on Berbera port management. The councilor voiced his statements at a meeting held in Berbera in the

Human Rights Centre Quarterly Report on the Situation of Media in Somaliland August 2016

Human Rights Centre Quarterly Report on the

Situation of Media in Somaliland

August

2016


i

Human Rights Centre Quarterly Report on the

Situation of Media in Somaliland

August 2016


ii

Copyrights © 2016 Human Rights Centre

All rights reserved

Printed in the Republic of Somaliland

Human Rights Centre

Jigjigayar

Hargeisa Somaliland

www.hrcsomaliland.org

Phone: +252 (0)63 410 2244/572602

Email: [email protected]

mailto:[email protected]


iii

Contents

Acknoweledegemnt .................................................................................................................... iv

Forward ......................................................................................................................................... v

Executive Summary…………………………………………………………………………….1

Recommendations………………………………………………………………………………1

Methodology…………………………………………………………………………………….2

Background……………………………………………………………………………………...3

Detentions……………………………………………………………………………………….4

Criminal cases…………………………………………………………………………………..6

About Human Rights Centre…………………………………………………………………10


iv

Acknowledgement

Human Rights Centre expresses its gratitude to the individuals and institutions who

shared information during the monitoring and documentations. We are deeply

indebted to the journalists who share their stories with us. We are very grateful to your

invaluable contributions and dedications

We express our gratitude to the International Media Support (IMS) and Fojo Media

Institute (Fojo) for their support in Human Rights Centre’s Freedom of Media Project.


v

Forward

Human Rights Centre (HRC) is a voluntary nongovernmental organization devoted to

defending human rights in Somaliland. HRC was launched in February 2013 in an

initiative of local lawyers who were convinced by the Bill of Rights enshrined in the

constitution and committed to stand for these rights as part of the long held vision of a

society ruled by law based on human rights in accordance with the international

standards.

This is the second quarterly report issued by Human Rights Centre in this year of 2016.

Quarterly reports specifically focusing on media are intended to provide updated

information on the situation of media in Somaliland. Reporting is vital work and top

priority for Human Rights Centre. We are committed to share information and publish

human rights issues to give the government and the stakeholders a data they can rely on

to improve the media freedom and independence in Somaliland.

.

Guleid Ahmed Jama

Chairperson, Human Rights Centre


1

Executive summary

This report covers from April to August 2016. Within this reporting period nine (9)

journalists were arrested for their work. New criminal cases were brought against five

(5) journalists: Mohamed Omar Jaray, a reporter for Boramanews website, was tried

and convicted by Awdal Regional Court, Abdirashid Abdiwahaab Ibraahim, chairman

of Foore newspaper, Mohamed Mohamoud Yousuf, editor-in-chief of Foore, Ibrahim

Osman Ahmed, editor-in-chief of Hangoolnews website, and Alimahdi Jibril Hassan,

Bulsho TV, are all facing pending criminal trials at Hargeisa Regional Court.

Additionally, three journalists whose cases started prior April are still pending at

Hargeisa Regional Court. These journalists are Cabdirashiid Nuur Wacays, chairman

of Hubsad newspaper, Siciid Khadar Cabdilaahi, editor-in-chief of Hubsad newspaper,

and Muuse Faarah Jaambiir, chairman of Ogaal newspaper.

Recommendations

To the Attorney General:

Stop criminalization of the media and halt detention and trial of journalists;

Allow opening of new media houses and transfers of media houses to new owners;

Lift the ban from the suspended newspapers Hubsad, Codka Shacakba, Xog ogaal

and Haatuf1;

Withdraw the criminal charges against all the journalists facing prosecutions in

Somaliland;

1 Haatuf was closed down on 7th April 2014 and still on ban. Codka Shacabka, Xog ogaal and Hubsad newspapers

were suspended by the Attorney General.

http://boramanews.com/

http://foorenews.com/ma-dhabaa-in-35-ka-somaliland-ka-helayso-heshiiska-dekeda-ay-15-ku-hagaagayaan-qoyska-madaxweyne-siilaanyo-iyo-qaar-ka-mid-ah-wasiiradda-ka-agdhaw/

http://hangoolnews.com/

http://ogaalnews.net/


2

To the judiciary:

Stop applying the Penal Code against journalist and apply the Press Law and

Somaliland constitution;

To the civil society organizations:

Support Somaliland journalists and media houses in tackling arrests and criminal

prosecutions ;

Support decriminalization of media and advocate for the banned newspapers.

Methodology

The Monitoring and documentation department of Human Rights Centre documents

arrests, trials and other actions taken against the journalists and media houses.

Journalists, lawyers, judges and government authorities are interviewed. Cases are

regularly monitored by the staff and volunteers of Human Rights Centre (HRC), and

court records are also checked. Human Rights Centre closely works with Somaliland

Journalists Association (SOLJA) and the journalists at the regions.


3

Background

The Republic of Somaliland has constitution that guarantees freedom of media in its bill

of rights. Press Law was passed in 2004 which decriminalizes media. However, the Penal

Code which predates the constitution is still applied over media cases. Somaliland is

unrecognized country that declared separation from Somali Republic on May 1991.

Somaliland was British Protectorate and gained independence in 26th June 1960. In 1st July

1960, Somaliland united with Italian Somalia and formed Somali Republic.2 The country

was taken over by the military in 1969. After years of war, the central government

collapsed in 1991.

Article 32 (1) of Somaliland constitution states “every citizen shall have the freedom, in

accordance with the law, to express his opinions orally, visually, artistically or in writing

or in any other way.” The article further provides protection to the media stating that

“media are part of the fundamental freedoms of expression and are independent. All acts

to subjugate them are prohibited, and a law shall determine their regulation.”3

Somaliland Press Law 2004 guarantees media freedom.

2 I M Lewis, A Modern History of the Somali 2002 3 Article 32 of Somaliland constitution


4

Detentions

From April to 1st August 2016, nine (9) journalists have been detained in Somaliland.

Following are the details of each detained journalist:

1. Maxamed Barre Cumar

Maxamed Barre Cumar, freelance journalist, was detained in Boorama on 13th April

2016 and was released on the second day, 14th April. No charges were brought

against him.

2. Mohamed Omar Jaray

Mohamed Omar Jaray, a reporter for Boramanews website, was arrested on 13th April

2016 in Borama. On 9th May 2016, he was sentenced to six months of imprisonment in

which the court accepted to convert into payment of fine. He was released when he

paid the fine.

3. Abdirahmaan Nouh Hiiraan

Abdirahmaan Nouh Hiiraan, Hadhwanaagnews website, was detained in Wajaale

on 13th May 2016. He was released on the same day. No charges were brought

against him.

4. Abdirahman Mohamed Egeh

Abdirahman Mohamed Egeh of Somalinews TV, was detained at Berbera on 25th

May 2016. He was released on 27th May 2016.

5. Ahmed Saed Mohamed

Ahmed Saed Mohamed, a reporter for Kalsan TV, was detained at Berbera on

25th May 2016. He was released on 27th May 2016.



5

6. Mubarig Osman Saed

Mubarig Osman Saed of Star TV, was detained at Berbera on 26th May 2016. He

was released on 27th May 2016.

Details of the detentions of Abdirahman, Ahmed and Mubarig

Between 25th and 26th May 2016, Abdirahman Mohamed Egeh of Somalinews TV,

Ahmed Saed Mohamed, a reporter for Kalsan TV, and Mubarig Osman Saed of Star

TV, were arrested in Berbera, 190 km from Hargeisa. They were released on 27th

May 2016.

The journalists were arrested after the mayor of Berbera submitted to the police a list

of journalists he wanted arrested for giving coverage to a member of Berbera local

government council who expressed skepticism on agreement between the

Somaliland government and DP World, a company based in United Arab Emirates,

on Berbera port management. The councilor voiced his statements at a meeting held

in Berbera in the presence of the head of DB World who visited Somaliland.

According to journalists in Berbera, reporters who were present at the meeting were

ordered by the mayor not to report the remarks of the councilor, Suleiman Ali

Khayre. Those who ignored the instruction and reported were all ordered to be

arrested, according to sources in Berbera.

7. Abdirashid Abdiwahab Ibraahim

Abdirashid Abdiwahab Ibraahim, chairman of Foore newspaper, was detained

on 29th May 2016 and was released 1st June 2016 on bail.

http://berberatoday.net/2016/05/24/daawo-xildhibaan-saleeban-cali-khayre-oo-shuruudo-adag-hor-dhigay-madaxa-shirkada-dp-world-oo-kulan-kula-yeeshay-berbera-kaaderiintii-xukuumadda-maayirka-saaxil-oo-qorshahoodi-kala-kacay-baashe-mo/

http://www.somalilandsun.com/economic/9005-somaliland-dp-world-impressed-by-status-of-berbera-port

http://web.dpworld.com/


6

8. Sidiiq Carab

Sidiiq Carab, reporter for Somali Broadcasting Corporation (SBC), was detained

from Sheikh on 22nd June 2016 while he was covering public protest held at the

town. He was held in custody at Berbera. He was released 28th June 2016. No

charges were brought against him.

9. Mahdi Ali Goodir

Mahdi Ali Goodir, Hadhwanaagnews website, was detained in Buroa on the

morning of 29th July 2016 from the office of the governor of Togdheer region. He

was released on the evening. No charges were brought against him.

Criminal cases

There are seven journalists currently facing criminal cases in Hargeisa, and the trial of

one journalist completed. Five (5) are new cases initiated during this quarter period

(April to August) and three (3) started before this quarterly report, but are still pending.

The following are the details of the cases:

Mohamed Omar Jaray

Mohamed Omar Jaray, a reporter for Boramanews website, was arrested on 13th April

2016 in Borama. Mohamed was detained after he interviewed people singing the national

anthem of Somalia. In a video clip published by the Borama News website, residents on

the streets were asked by the journalist to sing the Somaliland or the Somalia national

anthems as a part of a quiz program. The majority of the quizzed participants preferred

to sing the Somalia national anthem instead of Somaliland’s national anthem.



7

His lawyers were arrested and his case was heard without legal representation. On 9th

May 2016, he was sentenced to six months of imprisonment in which the court accepted

to convert into payment of fine. He was released when he paid the fine.

Abdirashid Abdiwahaab Ibraahim and Mohamed Mohamoud Yousuf

Criminal case against Abdirashid Abdiwahaab Ibraahim, chairman of Foore newspaper,

and Mohamed ohamoud Yousuf, editor-in-chief of Foore, is pending before Hargeisa

Regional Court. The hearings are concluded. The court is yet to pronounce judgment. The

Attorney General charges the journalists the following crimes:

(1) Publication or Circulation of False, Exaggerated or Tendentious News Capable

of Disturbing Public Order (Art. 328.)

(2) Subversive or Anti-National Propaganda (article. 215.).

(3) Unauthorized or Prohibited Business Agencies and Public (Art. 518.)

(4) Substitution of Person (Art. 383.)

The journalists are charged for news articles about agreement between the Somaliland

government and DP World, a company based in United Arab Emirates, on Berbera port

management. The newspaper articles allegedly stated that the family of Somaliland

president maintains 15% in the new deal.





http://web.dpworld.com/


8

Ibrahim Osman Ahmed

Somaliland Attorney General charges Ibrahim Osman Ahmed, editor-in-chief

of Hangoolnews website. Ibrahim is accused of “publication of false news, false-

accusation and defamation”.

According to the charge sheet, the editor is charged for published stories written about

the Manager of Egal International Airport (Hargeisa) and the Director General of the

Ministry of Civil Aviation. The articles published by the website criticized the service

delivery of the Airport and accused the manager of the Airport on facilitating tax

evasion, according to the charge sheet.

Alimahdi Jibril Hassan

Charge sheet indicting Alimahdi Jibril Hassan, Bulsho TV, was submitted to Hargeisa

Regional Court. He is accused for facebook comments posted in a facebook account.

Alimahdi denies that he owns the facebook page in which the authorities are attributing

to him. The case is pending before the Regional Court.

Muuse Faarah Jaambiir

Muuse Faarah Jaambiir, chairman of Ogaal newspaper is accused of publishing “false

news defaming the President and shaming the first lady”. The charge sheet states that

Ogaal newspaper published on 24th August 2015 and 30th August 2015 false news related

to privatization process of a government owned Berbera Petroleum Tanks and the

powers of the first lady. His case is pending before the Regional Court.

http://hangoolnews.com/

http://ogaalnews.net/


9

Cabdirashiid Nuur Wacays and Siciid Khadar Cabdilaahi

The criminal case against Cabdirashiid Nuur Wacays, chairman of Hubsad newspaper

and Siciid Khadar Cabdilaahi, editor-in-chief of Hubsad newspaper, have been pending

since December 2015. The Office of the Attorney General submitted to Hargeisa Regional

Court a Charge Sheet indicting Siciid Khadar Cabdilaahi and Cabdirashiid Nuur Wacays

of two accounts:4

(1) Publication or Circulation of False, Exaggerated or Tendencious News Capable of

Disturbing Public Order (Art. 328.).

(2). Unauthorised or Prohibited Business Agencies and Public Trading Concerns (Art.

518.)

The journalists were arrested on 30th November 2015 in Hargeisa. They were released 3rd

December on bail. Authorities claim that the journalists were running unlicensed

newspaper.5 The journalists were arrested from the Office of the attorney General while

they were filling to register the names of new leadership and ownership of Hubsad.6 The

publication of Hubsad newspaper is suspended by the authorities.

Hubsad is a registered newspaper, but the ownership and leadership have transferred

from previous management to new leadership, according to Hubsad journalists and

government issued documents seen by HRC. The Office of the Attorney General is

responsible the registration of press, according to article 6 of the Press Law.

The hearings were concluded, and the court’s judgment is to be pronounced.

4 Office of the Attorney General, Hargeisa, Charge Sheet 5 Office of the Attorney General, Hargeisa, Charge Sheet 6 http://hargeisatimes.com/xeer-ilaaliyaha-guud-ee-qaranka-somaliland-oo-jabiyay-amar-ka-soo-baxay-maxkamada-sare-ee-somaliland/

http://hargeisatimes.com/xeer-ilaaliyaha-guud-ee-qaranka-somaliland-oo-jabiyay-amar-ka-soo-baxay-maxkamada-sare-ee-somaliland/

http://hargeisatimes.com/xeer-ilaaliyaha-guud-ee-qaranka-somaliland-oo-jabiyay-amar-ka-soo-baxay-maxkamada-sare-ee-somaliland/


10

About Human Rights Centre

Human Rights Centre (HRC) is a local human rights watchdog based in Somaliland. HRC was

established in 2013. It is registered with the Somaliland government as a non-profit, non-

governmental organization. HRC was formed to cover the need for documentation and

advocacy for human rights to help maintain the gains in Somaliland’s nascent democracy.

Human Rights Centre (HRC) strongly advocates for the freedom and independence of

journalists and media houses. HRC issues press releases, holds campaign rallies and carries

lobbying for the cause of journalists and media freedoms. HRC has been advocating for

decriminalization of media and application of the Press Law. It provides legal aid to the

journalists who are arrested or are under legal proceedings.

Human Rights Centre is governed by Board of Directors. The majority of board members are

female human rights defenders including its deputy chairpersons and secretary general.

HRC can be reached through: email: [email protected] Phone: +252 (0)63 4102244

website: http://www.hrcsomaliland.org/

mailto:[email protected]

http://www.hrcsomaliland.org/

Documents

Human Rights Centre Quarterly Report on the Situation of ......Aug 06, 2017 · on Berbera port management. The councilor voiced his statements at a meeting held in Berbera in the