Somalia’s use of the death penalty continued to be of concern.
The Somali population, for the most part, shares a common language and religion. However discrimination along clan lines is widespread. If you are a poor or member of the minority group the chance of being sentence to death is immensely higher than if you are a rich or the ruling tribes. Most of the time corruption plays big role. Some local courts depended on the dominant local clan and associated factions for their authority. The judiciary was subject to influence and corruption and was strongly influenced by clan-based politics. Under international law, the death penalty is permitted only after a rigorous judicial process – a fair trial in which the defendant has adequate time to prepare a defence and appeal the sentence, among other requirements.
In Somalia the death penalty was deployed as an instrument of state repression against minorities and protestors, with governments showing an utter disregard for safeguards and restrictions on the death penalty established under international human rights law and standards.
For example four men was sentence to death in Puntland in Somalia for being suspect of member of Al-Qaida when they were under age. Since 2016, over two dozen children have been tried in military courts in Puntland alone. Children face proceedings that fail to meet basic juvenile justice standards with limited ability to prepare a defence and in which coercive confessions have been admitted as evidence.
The use of death penalty for crimes committed by people under 18 years old is prohibited under the international human right law. In November 2022 the Federal Government of Somalia has made ambitious commitments on human rights. It has pledged to build accountable and effective institutions that respect human rights. The new government has already presented goals and activities across six pillars, including security, justice, and reconciliation, economic and social development, among others. While some of these pillars could address some human rights concerns in the country, more commitment is required from the new government to improve and prioritize human rights and ensure accountability for violations and abuses and protection of civilians.
