IN THE UNITED STATES DISTRICT COURT …cja.org/downloads/MaganMSJAhmedsuppldecl.pdf1 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ABUKAR HASSAN AHMED

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ABUKAR HASSAN AHMED : Case No. 2:10-cv-342

Plaintiff, : Electronically Filed

Judge 'ÅÏÒÇÅ C. Smith

: Magistrate Judge Abel

v. :

ABDI ADEN MAGAN :

Defendant. :

SUPPLEMENTAL DECLARATION OF ABUKAR HASSAN AHMED

IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I, Abukar Ahmed, declare as follows: 1. I am over the age of eighteen years and am otherwise qualified to testify as to the facts and opinions set forth below. All the facts and opinions rendered herein are based upon my personal knowledge. 2. I was born in Mogadishu, Somalia in 1946. I am a member of the Abgaal sub-clan of the Hawiye clan. 3. I was a practicing attorney before the Somali courts and a law professor at Somali National University from 1973 to 1989. I taught courses on

constitutional law, which included curriculum on the human rights protections contained in the Somali Constitution. I practiced law as a partner in a law firm from 1986 to 1989. Throughout this period, I was a prominent and outspoken critic of the government.

Case: 2:10-cv-00342-GCS-MRA Doc #: 97-9 Filed: 08/09/12 Page: 1 of 82 PAGEID #: 1460

4. In the course of my practice, I defended a number of people, many of them

my students, accused under the infamous Law No. 54 of 1970, entitled "Law

for Safeguarding National Security," before the National Security Court. This

law effectively criminalized dissent, defining a wide range of political

offenses relating to "the unity and security of the country." A true and

correct copy of Law No. 54 of 1970 is attached at Exhibit 1 (Law No. 54,

1970, P-000884-891).

5. From January 1981 until March 1986, I was imprisoned without charge at the

National Security Service ("NSS") detention facility in north Mogadishu. My

detention included fifteen months of solitary confinement.

6. While in prison, Amnesty International designated me as "Prisoner of

Conscience," because I had been targeted based on my political beliefs and clan

affiliation. As a result, Amnesty International campaigned for my release and

included me in their report on the status of human rights conditions in

Somalia for the year 1987. A true and correct copy of this report is attached

as Exhibit 2 (1987 Amnesty International Report, P-000807-809).

7. After my release, I returned to practicing law and teaching law students about

human rights protections. My experience in prison had only reaffirmed for me the

impmtance of speaking out against human rights abuses and defending the

underprivileged.

8. Late at night on November 19 (or in the early hours of November 20), 1988,

three NSS officers approached me in the center of Mogadishu. They

identified themselves as NSS, and they said they knew I was carrying a copy

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of an Amnesty International report. The NSS officers confiscated the

Amnesty International report entitled Somalia: A Long-Term Human Rights

Crisis. A true and correct copy of this report is attached as Exhibit 3 (AI

Index: AFR 52/26/88 (Sept. 1988, P-000921-972)). They handcuffed me,

and took me to the NSS detention facility located in the basement of the NSS

Headquarters in Mogadishu.

9. The NSS officers placed me in solitary confinement in a small, windowless

cell, with continuous artificial lighting and no ventilation. At no point during

my detention at the NSS Headquarters was I permitted to meet with an

attorney or any friends and family members. The lead NSS officer, Captain

Sufi Dherow, tightly shackled my right hand to my left ankle. 1 I was

unshackled only during interrogations and when the guards permitted me to

use the toilet- a privilege that was granted to me once per day at 5 a.m. But

even then, it was hard for me to stand up or sit down because of the stress

position I was kept in at all other times. Otherwise, because there was no

toilet in my cell, I was forced to discharge my urine in empty milk cans.

10. Once a day, I was given rancid bread and butter with tea, and on these

occasions they handcuffed my left hand to my left ankle so that I could eat

with my right hand. Afterwards, they would again shackle my right hand to

my left ankle. This shackling made walking impossible, and eating, resting, or

1 In reading my prior declaration, I realized I made a mistake in stating that my left wrist had been shackled to my right ankle. I would like to clarify that it was my right wrist that was shackled to my left ankle, as is correctly stated above.

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sleeping incredibly difficult, since I would fall one of my sides. I was forced

to sleep on cold or wet floors without a mat or blanket.

11. NSS officers Captain Dherow and Lieutenant Mohamoud Farah !gal accused

me of being a contributing writer to Amnesty International reports. They

repeatedly threatened that if I did not confess they would kill me and no one

would know where my body was. These interrogations terrified me.

12. On or about Februa1y 7, 1989, NSS officer Captain Dherow came to my cell,

handcuffed me, and led me to Defendant Magan's office at NSS Investigations.

Lieutenant !gal was present as well. Defendant Magan falsely accused me of

being a member of the newly established United Somali Congress ("USC"), a

political group which opposed the Siad Barre regime, as well as a group

called the Patriotic Front of Somali Unity. Magan also accused me of

collaborating with Amnesty. I explained that I had never heard of these

groups and I denied being a member of either one. !learned after my release

that the USC had been established in Rome while I was being held in prison.

never heard of the Patriotic Front of Somali Unity again.

13. Defendant Magan threatened that if I did not confess to belonging to the USC,

they would torture me and kill me. I remember how Defendant Magan

smiled when he ordered Captain Dherow to "do his job" if I did not confess. I

understood this to be a direct order to torture me. Captain Dherow then

brought me back to my cell, and re-shackled my right wrist to my left ankle.

14. A few hours later, just after midnight, Captain Dherow, Officer Hussein Ga'al,

and a few other young officers came to my cell. They handcuffed and

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blindfolded me, and took me from my cell to the interrogators. Officer Ga'al,

the guard who blindfolded me, told me he was so sorry but that he could not

do otherwise because they had received precise orders from Colonel Magan.

He told me that he was tying the cloth loosely so that I could see who was

going to torture me and as a result, I was able to see out of my right eye.

15. Five NSS officers tortured me that night: Captain Hussein Sufi Dherow,

Lieutenant Mohamoud Farah !gal, Lt. Mohamed Abdi, and two officers who

went by the names An tar and Deeq. They tied my hands together with cloths

and then handcuffed me. They also tied my feet together with cloths and

then handcuffed them. Also, the NSS officers tied my big toes together with a

cord - which was extremely painful. The NSS officers forced me to sit down,

and then they pushed my legs back over my head so that I was now on my

back, exposing my genitals.

16. Now in this vulnerable position, they squeezed my testicles with iron

instruments. I fainted from the excruciating pain. When I regained

consciousness, the guards forced a five-liter container of water, sand, and

small stones into my mouth, cutting off my air supply. I felt as if I was going

to suffocate and die. The officers then beat me with wooden sticks on my

body and an AK 47 to my head. I could feel a large wound had opened up on

my forehead as a result. While they were brutalizing me in this way, they

asked me questions about my involvement with the USC and Amnesty

International.

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17. Because of the NSS officers' treatment described above, I suffer from a

hipbone distortion, which makes it painful for me to sit for extended periods

of time. I developed a deep sore on my left ankle due to the metal cuff

scraping it, which became infected and openly drained. To this day, I still

have a scar on my ankle from the shackle. I also still have a scar on my head

from being beaten with the AK 47. I also suffered an injury to my bladder

· from having to hold my urine for prolonged periods of time, and I am now

incontinent. I did not have this problem prior to my detention and torture,

but developed it shortly after I was released. At night, I feel pain all over my

body, and I often cannot sleep because of nightmares about my torture. I

continue to suffer from constant neck, shoulder, and back pain. To ease the

pain, I take pain medication every day. After my release from detention, I

wanted to have more children but I was unable to.

18. At the end of February 1989, NSS officers transferred me from the detention

facility at the NSS Headquarters to the Central Prison, also in Mogadishu.

After my transfer, I was advised that I was being charged with authoring

subversive material, a violation of Article 18 of Law Number 54 of 1970, a

crime punishable by death. (Law No. 54,1970, Exh. 1). This was the first

time that I learned the nature of the charge against me.

19. The day before my trial, I received notice that the charges had been reduced

to a violation of Article 19 (Law No. 54,1970, Exh.1), Possession of

Subversive Material, which carried a five to fifteen year sentence or a fine of

5,000 to 15,000 Somali shillings, or both.

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20.In March 1989, I was taken to the National Security Court for trial. I had no

representation by counsel during the trial. I told the judges and others

present that I had been tortured on Defendant Magan's orders. I rolled up the

sleeves of my shirt and the leg of my trousers to show the court my injuries.

The court did not order any investigation of my torture but rather convicted

me of possessing subversive material. My friend Abdirazik Warsame paid

the fine of 15,000 Somali shillings, and I was released. The whole trial lasted

less than one hour.

21. After my release, !returned to practicing law and teaching, but I was not

truly f1;ee. I felt I could not trust anyone, and I had bad nightmares at night.

NSS officers routinely followed me, and they did so openly. I felt threatened

and intimidated when I heard from my students and even my mother that

NSS officers had questioned them about my activities.

22. In October 1989, I sent a letter to inform Amnesty International of all that

had happened to me. A true and correct copy of my letter is attached as

Exhibit 4 (Ahmed 1989 Letter, P-000831-832).

23. Amnesty International reported the details of my second detention in its

1990 report about human rights conditions in Somalia. A true and correct

copy of this report is attached as Exhibit 5 (1990 Amnesty International

Report, P-00075-77). Paragraphs 68-77 on page 212 of this report

accurately report my experience.

24. A few months after my release, I encountered Defendant Magan while

meeting with the Attorney General Nur Hassan Hussein at his office at the

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National Security Court. During that meeting, Defendant Magan happened to

enter the office while I was talking with the chief prosecutor. I said to him

that I knew he'd sent agents to harass me, and I said that I would denounce

him then, before the prosecutor. He said he was "above the law" and not just

above the law, but that he was the law.

25. On or about july 14, 1989, lretumed home from a short business trip. My

mother informed me that NSS officers had come to our home, threatening to

detain and kill me. She urged me to hide.

26. I went immediately into hiding at Mr. Warsame's home. I remained in hiding

until August 1989, when I fled Somalia. I eventually made my way to the

United Kingdom, where I applied for political asylum. I became a citizen of

the United Kingdom in 2005.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct to the best of my recollection.

·<:r.F·I/ .:zo;z_ Dated: july L 2012

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Abukar Hassan Ahmed


IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ABUKAR HASSAN AHMED : Case No. 2:10-cv-342

Plaintiff, : Judge George C. Smith

: Magistrate Judge Abel

v. :

ABDI ADEN MAGAN :

Defendant. :

EXHIBITS IN SUPPORT OF DECLARATION OF ABUKAR HASSAN AHMED

Exhibit 1: 1970 Somali Law No. 54 titled Law for Safeguarding National Security (P-000884-891). Exhibit 2: Extract from the 1987 Amnesty International Annual Report relating to Somalia (P-000807-809). Exhibit 3: September 1988 Amnesty International document titled Somalia – A Long-Term Human Rights Crisis, AI Index: AFR 52/26/88 (P-000921-976). Exhibit 4: October 9, 1989 letter from A. Ahmed to Amnesty International (P-000831-832). Exhibit 5: Extract from the 1990 Amnesty International Annual Report relating to Somalia (P-000075-77).


Exhibit 1: 1970 Somali Law No. 54 titled Law for Safeguarding National Security (Bates Nos. P-000884-891)


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LhW N. 54 OF 10TH SEPTN~BER, 1970 .

LAW FOR SAFEGUARDING NATIONAL SECURITY. -----------------------------~--------

THE PRESIDENT OF THE SUPR~~E REVOLUTIONARY COUNCIL

TAKING NOTE -··of the approval of the Supreme Revolut1onary Co·

HEREBY PROMULGATES ,., ..

the following Law: CHAPTER I ~

CRIMES AGAINST THE SOMALI STATE

Art. 1 .

Acts against the independnne~, unity or security of the Somali State -------------~-----------------------

Whoever commits, participates, aids or abets in the t.ommission of, an act wb~~oh is detrimental to the . independenc unity or security of the Somali State shall be punished with death and his properties shall be confiscated.

Art. 2. Citizen who bears arms against the

Somali State and joins the civil or military

~~~~~£~-~~-~-£~~~!~l-~~-~~~-~~~e-~e~-~~~~!~-~~~!~

Any Somali citizen who:

(a) bears arms against the Somali State;

(b) joins the civil or military service of any state which is in a state of war with the Somali State or which has ~een deolared as a hostile state by the Somali State;

shall ·CJ e punished with death, and his properties shall be confiscated;

Brovided that he shall not be liable to punishment if he has been compelled to commit the act by an o1ligation imposed upon him by the laws of the State where he was resident during hostilities .

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1. Whoever organizes any association whose aims or activities are directed against the national unity or directed towards subverting or we~kening State authority shall be punished with death and his properties shall be confiscated.

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2. Whoever particip~:i'tes, aids abets in organizing an a~-sociati an referred to in ~aragraph I aLove shall -be punish~d .

with life imprisonment.

3. The association referre-d ... to in paragraph 1 above shall he dissolved and their offices and properties, if any, shall be confiscated.

· ·Art. 4.

~~~~E~~~~~~~~~~~~~-~~~-~~~~~

Whoe\-er conspires with, or ccmtacts, a foreign power or (

its age4ts to perform any hostile act against the State shall be punished with death and his properties shall be confiscated.

Art. 5. Causing death ur physical injur:;tJ to

a IVlember of t-he Armed Forces or

~~~~~~-~~~~~~~~~-~~~~-~~~~~-~~~~~~~ -

Whoever causes the death of, or causss physical -.injury with the intention of causinc- the dea"tb of, an·y N1ember of the Armed Forces or any person entrusted with a State Mission of any kind whatsoever, for the purpose of preventing such lVlember of the Armed Force-s or person from executing his duties shall be punished with death.

Art. 6. CARRYING OF WEAPONS OR AR'VlS

Whoever carries weapons or arms, in~ i te~ or encour.ages the carrying of weapons arrus for the purpose of subverting or weakening State a~thDrity, or causing civil war, or resisting the Members of the National Secur:lty Forces in implemel".ting the law shall be punished with death and his properties shall be confiscated .

.. ./.

·~ .... #.








Exhibit 2: Extract from the 1987 Amnesty International Annual Report relating to Somalia(Bates Nos. P-000807-809)





Exhibit 3: September 1988 Amnesty International document titled Somalia – A Long-Term Human Rights Crisis, AI Index: AFR 52/26/88 (Bates Nos. P-000921-972)






















































Exhibit 4: October 9, 1989 letter from Ahmed to Amnesty International (Bates Nos. P-000831-832)


P-000831


P-000832


Exhibit 5: Extract from the 1990 Amnesty International Annual Report relating to Somalia (Bates Nos. P-000075-77)





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IN THE UNITED STATES DISTRICT COURT …cja.org/downloads/MaganMSJAhmedsuppldecl.pdf1 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ABUKAR HASSAN AHMED