UNPOS oo Ka Digtay in Xukun Caddaalad Darro ah uu Ka Dhaco Maxkamada Qaadeysa Dacwada Wariye Cabdicasiis Koronto Iyo Haweeney La Kufsaday
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Muqdisho (RBC) War saxaafadeed maanta ka soo baxay Xafiiska Siyaasadda Qaramada Midoobay ee Soomaaliya UNPOS ayaa lagu sheegay in UNPOS ay ka walaacsan tahay in xukun caddaalad darro ah uu ka dhaco maxkamadda qaadeysa dacwada loo heysto wariye Cabdicasiis Cabdinuur Ibraahim “Koronto” iyo haweeney ay kufsadeen ciidamada dawlada oo 22 maalmood ku xiran magaalada Muqdisho.
War saxaafadeedka UNPOS ayaa lagu sheegay in ay aad uga walaacsan yihiin qaabka loo maareeyay kiiska wariyaha iyo dhowr ruux oo kale oo ay ku jirto haweeneyda la kufsaday iyadoo ay yarayd fursadaha qareenada u heli kareen inay kula kulmaan dhibanayaasha ay difaacayaan ee u xiran booliska.
“Si gaar ah xariga dheeraaday iyo iyo iyadoo aysan jirin fursad la talin dhanka sharciga ah ayaa si xun u saameyn doonta hab dhaqanka dhageysiga dacwada.” ayaa lagu yiri war saxaafadeedka.
Maalinta berito ee Sabtida kuna beegan 2-da Febraayo ayaa loo ballansan yahay in dib loo dhageysto dacwada wariye Cabdicasiis Cabdinuur Koronto iyo afar ruux oo kale oo ay ku jiro gabadhii kufsiga loo geystay. Dhamaan dadkan waxaa loo heystaa inay sheegeen kufsi been abuur ah, sida dawlada ay sheegtay balse haweeneyda la kufsaday iyo ninkeeda oo hadda xiran ayaa ku adkeysanaya in kufsigaasi ay u geysteen ciidamada dawlada isla markaana aan waxba laga qabanin.
War saxaafadeedka ka soo baxay maanta UNPOS ayaa ku soo beegmay xilli warbaahinta adduunka ay hareysay ka hadalka kiiskan weli ku cakiran hay’adaha garsoorka dawlada Soomaaliya, waxaana bogaga wargeysyada ku soo laalaabanayey beryahan xariga wariyaha wareystay haweeney la kufsaday iyo gabadhii kufsiga dhibanaha u ah iyo seygeeda.
Waxaana arrintan ay sidoo kale noqotay markasta la hordhigo wafdiga madaxweynaha Soomaaliya oo booqasho ku maray beryahan wadamada Mareykanka, Ethiopia, Bilgium, iyo UK.
WAR SAXAAFAEEDKA UNPOS
Statement on Opening of Trial in Mogadishu
Mogadishu, 01 February 2013 – The UN Political Office for Somalia (UNPOS) notes that charges have been filed against five individuals in the case opened by the Somali National Police investigating the publication in the media of an allegedly fabricated report on sexual violence in Mogadishu. A journalist, Abdiaziz Abdinur Ibrahim, was charged under Article 269 of the Somali penal code for offending the honour of a state institution and for filing a false report. A woman who reported having been the victim of a rape has also been charged with false reporting and for offending the honour of a state institution. Three other individuals have also been charged in connection with the case, which is scheduled to be heard by a court in Mogadishu tomorrow, 2 February 2013.
UNPOS has raised concerns that the handling of the pre-trial phase, in particular that the prolonged detention and the (now remedied) lack of access to legal counsel could negatively impact on the conduct of the judicial proceeding. The mission has received firm assurances from the Government of Somalia that the trial of the five defendants will be conducted with full respect to both national jurisprudence and international human rights law.
UNPOS reiterates that the presumption of innocence is an essential precondition to the validity of any legal procedure and looks forward to hearing the full facts on 2 February. The mission will monitor the process throughout and trusts that the defendants will receive a fair trial, in line with the Government of Somalia’s stated commitment to ensure due process and the fair administration of justice.
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This case must be dealt with more seriousness and caution because of its already violated Criminal Principals before the pre-trial and after the trial because of the Public statement issued by General Sharif Shekuna the Somali Police Chief, the Minister of justice as well as several other Government Authority that the arrested group are guilty of crimes against the Somali State. ( Qaran Dumis ), punishable of death in the Somali Criminal Code.
Having said that, the nature of the Rape crime, the illegal arrest and detention of a journalist and case witnesses is and abuse of authority committed by The police Chief just to defend his fellow Security forces, illegal arrest of a female victim and other is enough proof to suppress and oppress any other rape victim and media reporters to report a crime committed by the Security forces hence give a green light to the armed security forces to rape, arrest and torte who ever they want to.
If we study carefully the nature of the Rape crime, we realize the following factors:
1) In a Society like the Somali and Muslim Nations the Rape crime can incite other very serious crime such as murder be committed by the woman’s husband against the raper, or by the brothers of the raped woman, or a tribal war between the Raped woman’s group against the Raper criminal’s relatives.
2) The personal reputation of the raped woman within the Society will be damaged seriously, and may loose her husband, her relatives may abandon or stay at large from her or even she may never be re-married if divorced, all these may well be consequences of the rape crime against its victim.
3) The fear and the turmoil that other women can develop after realizing that women can be raped at will by anyone and that those who are in charge of security can also rape those that they were in charged to protect, this must not happen ever in any civilized society whatever culture , religion, and tradition they may believe in.
4) The last but not the least, this case must not be even brought to justice since its been already publicized by the government authority damaging the reputation and privacy protection rights of the raped women, it must be released unconditionally , compensated, and counselled .
5) Is it possible that the Somali security forces can commit Rapre, torte, illegal arrest and looting ? The answer is YES, because we have records and witnessed that in Afgoi ( Lower Shabelle ) when the former TFG President Sharif Sheikh Ahmed was visiting there, more than all local Leaders, Community Elders, and Civil Society have publicly complained of all those crimes committed by the Security forces and not to mention some Elders were crying while telling these crimes.
For those that have committed all these abuses of authority, illegal arrest, torture, must be all brought to justice in order to recuperate if possible the already lost trust and confidence of the Somali Women, Journalists and all victimized groups by the Security forces and the commanders.