Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were multiple reports that federal and state government security forces, allied militias, and other persons wearing uniforms committed arbitrary or unlawful killings related to internal conflict (see section 1.g.). Military court prosecutors, with investigative support from police (Criminal Investigations Department), are responsible for investigating whether security force killings were justifiable and pursuing prosecutions, but impunity remained a significant issue (see section 1.e.). While reliable data is difficult to collect, reporting from the UN Assistance Mission in Somalia (UNSOM) indicated that between November 5, 2019, and August 13, there were 491 killings of civilians in the country due to conflict. While al-Shabaab and clan militias were the primary perpetrators, extrajudicial killings of civilians by state security, and to a much lesser extent by African Union Mission in Somalia (AMISOM), forces occurred.
According to UNSOM data, between November 5, 2019, and August 13, state authorities carried out 11 of 32 executions ordered by courts. On February 11, authorities executed two men in Bosasso for raping and killing a 12-year-old girl, and two Somalia National Army (SNA) soldiers were executed on May 16 for killing their comrades. Due to capacity issues in the civilian court system, authorities often transferred criminal cases, sometimes even involving children, to the military court system, even when military courts did not appear to have jurisdiction. Human rights organizations questioned the military courts’ ability to enforce appropriate safeguards with regard to due process, the right to seek pardon or commutation of sentence, and the implementation of sentences in a manner that met international standards. Federal and regional authorities sometimes executed those sentenced to death within days of the court’s verdict, particularly in cases where defendants directly confessed their membership in al-Shabaab before the courts or in televised videos. In other cases the courts offered defendants up to 30 days to appeal death penalty judgments.
There were no reports of arbitrary or unlawful killings by Somaliland authorities.
Al-Shabaab continued to carry out indiscriminate attacks and deliberately target civilians (see sections 1.g. and 6). According to UNSOM, al-Shabaab was responsible for approximately 60 percent of civilian casualties between November 5, 2019, and August 13. On May 23, al-Shabaab claimed responsibility for an improvised explosive device (IED) attack in Dinsor, Bay region, that killed a local women’s leader and a nongovernmental organization (NGO) staff member.
On June 8, AMISOM admitted that its troops had inadvertently shot and killed three women in the course of a firefight with al-Shabaab fighters. AMISOM troops helped two wounded victims from the incident secure medical attention and promptly issued a press release expressing regret and a commitment to step up efforts to ensure civilian security.
On September 24, protests broke out in several towns in Gedo region over non-AMISOM Kenya Defense Forces’ killing of at least one civilian near the town of El-Wak.
Fighting among clans and subclans, particularly over water and land resources, occurred throughout the year, particularly in Galmudug State and the regions of Hiiraan, Lower and Middle Shabelle, and Sool (see section 6). Revenge killings occurred (see section 6). The area around Wanlaweyn in Lower Shabelle region, South West State, saw fierce interclan fighting between clan militias starting in April and continuing off and on throughout the year, with a number of atrocities sparking national outrage. As a result state and federal authorities, as well as international partners, intervened several times to defuse the situation, including by sending troops to separate the warring factions and conducting reconciliation meetings with clan elders and the local populace to mediate the disputes. Drivers of conflict in the area included: historical and existing friction between the two clan blocs; the negative influence of federal politicians, some of whom were stoking tensions along clan lines; the ramifications of recent restructuring and redeployment of security forces in South West State; and al-Shabaab’s influence on and exploitation of the situation for its own purposes.
In April conflict occurred between the Galjecel and Shanta Alemod clan militias over the control of illegal checkpoints in Wanlaweyn. The fighting spilled into neighboring villages, leaving at least 24 dead, including 20 civilians. There were reports that several victims were mutilated, and one person was reportedly burned alive.
During the year there were some cases of reportedly government-directed, politically motivated disappearances, particularly of journalists but also of political opponents. From February 29-March 2 National Intelligence and Security Agency (NISA) officers detained Radio Higsi journalist Mohamed Abdiwahab Nur “Abuja,” reportedly in retaliation for his investigative journalism regarding the intelligence service’s conduct. He was made to sign a confession under duress, released on March 2, detained again on March 7, and held incommunicado from his family and attorney for nearly five months. In August, NISA turned Abuja over to a military tribunal, charging him with murder and membership in al-Shabaab. On August 6, after a three-day trial, the military tribunal acquitted Abuja of all charges.
There were no reports of disappearances by or on behalf of Somaliland authorities.
Al-Shabaab continued to abduct persons, including humanitarian workers and AMISOM troops taken hostage during attacks (see section 1.g).
According to the International Maritime Bureau, as of September 21, pirates based in the country held no hostages.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture and inhuman treatment, but there were credible reports that government authorities engaged in instances of torture and other cruel, inhuman, or degrading treatment or punishment.
NISA agents routinely conducted mass security sweeps against al-Shabaab and terrorist cells, as well as against criminal groups. The organization held detainees for prolonged periods without following due process and mistreated suspects during interrogations.
There remained multiple credible reports of rape and sexual abuse by government agents, primarily in the security forces (see section 1.g.). For example, in April, SNA troops were implicated in four rapes of women and girls of various ages, with one as young as three years old, in Lower Shabelle region. The SNA soldiers involved reportedly were arrested and face trial in military tribunals. Experts attribute a decline in such instances to the increasing professionalization of those forces with international partner assistance.
Al-Shabaab imposed harsh punishment on persons in areas under its control. AMISOM alleged that al-Shabaab tortured residents in el-Baraf for offenses ranging from failure to pay taxes to being a government agent (see sections 1.a. and 1.g.). In September al-Shabaab militants attacked local villagers in Galmudug State who had refused to contribute livestock and small arms, according to an international press report, leaving 30 residents dead after a pitched battle.
AMISOM forces were implicated in rapes and other unspecified grave abuses of human rights while conducting military operations against al-Shabaab in Lower and Middle Shabelle, according to an advocacy organization. AMISOM headquarters staff investigated such allegations.
Torture and other cruel, inhuman, or degrading treatment or punishment at the hands of clan militias, some of which are government-affiliated, remained frequent. There remained a culture of impunity due to clan protection of perpetrators and weak government capacity to hold the guilty to account. Research indicated that such practices remained common along the road from Mogadishu to Afgooye at the hands of Hawiye clan-affiliated militias, some with strong ties to the SNA.
Prison and Detention Center Conditions
With the exception of newly built facilities, prison conditions in most areas of the country remained harsh. Poor sanitation and hygiene, inadequate food and water, and lack of medical care were the norm.
Physical Conditions: Overcrowding in urban prisons–particularly following large security incidents involving arrests–sometimes occurred. Authorities occasionally held juveniles and adults together, due in part to the belief juveniles were safer when held with members of their own subclan. There was a report of one female prisoner in Garowe who was confined separately from male inmates, although she lacked access to the vocational training offered to male inmates. Prison authorities often did not separate pretrial detainees from convicted prisoners, particularly in the southern and central regions.
Conditions were better in the new Mogadishu Prison and Court Complex (MPCC) than in Mogadishu Central Prison (MCP). Two facilities–Garowe Prison in Puntland and Hargeisa Prison in Somaliland–met international standards and were reportedly well managed. As of June detainees at the Puntland Security Force detention facility in Bosasso received meals at least twice per day, consisting of rice and some form of protein, and had access to a rudimentary shower, according to observations by a foreign military service member. Prison conditions in such areas were believed to be harsh and at times life threatening.
Only inmates in the MCP, the MPCC, and Garowe and Hargeisa Prisons had daily access to showers, sanitary facilities, adequate food and water, and outdoor exercise. Inmates in most prisons relied on their family and clan to supplement food and water provisions. Although no signs of abuse were identified, the International Monitoring Committee raised concerns regarding the protection of basic human rights and the safety and well-being of prisoners.
Authorities generally required the families of inmates to pay the cost of health services. Inmates without family or clan support had very limited access to such services. Disease outbreaks, such as tuberculosis and cholera, continued to occur, particularly in overcrowded prisons such as the MPC. Such outbreaks could be life threatening during the rainy season.
Information on death rates in prisons and pretrial detention centers was unavailable.
On August 10, several inmates held at the MCP killed four guards and took the prison commander hostage during an hours-long siege. The attack resulted in 15 prisoner deaths and seven wounded. Four prison officers were killed and two wounded.
Al-Shabaab detained persons in areas under its control in the southern and central regions. Those detained were incarcerated under inhuman conditions for relatively minor offenses, such as smoking, having illicit content on cell phones, listening to music, watching or playing soccer, wearing a brassiere, or not wearing a hijab. Prison conditions in areas controlled by al-Shabaab and where traditional authorities controlled detention areas were often harsh and life-threatening. The UN Office on Drugs and Crime (UNODC) reported that several facilities at the federal member state (FMS) level suffered from frequent flooding, which required prisoners to be moved to temporary facilities, usually at police stations, until water receded.
Administration: Most prisons did not have ombudsmen. Federal law does not specifically allow prisoners to submit complaints to judicial authorities without censorship. Somaliland law, however, allows prisoners to submit complaints to judicial authorities without censorship, and prisoners reportedly submitted such complaints.
Prisoners in the MCP and Garowe and Hargeisa Prisons had adequate access to visitors and religious observance. Infrastructure limitations in other prisons throughout the country impeded such activities. Transportation to court facilities while awaiting trial was limited, and information was limited and anecdotal on defendants’ ability to access legal counsel while incarcerated in pretrial status or serving sentences.
Independent Monitoring: Authorities actively worked with international humanitarian and monitoring groups amid the COVID-19 pandemic, leading to some gains in access as these groups provided medical supplies and protective equipment for prison and detention center staff. UNODC staff maintained regular access to prisons where training and infrastructure support was delivered.
Somaliland authorities permitted some prison monitoring by independent nongovernmental observers during the year.
Geographic inaccessibility and insecurity impeded such monitoring in territory controlled by al-Shabaab or in remote areas where traditional authorities controlled detention areas.
Improvements: In February the government opened the MPCC as an integrated court and prison facility designed for judicial hearings and the detention of high-security detainees.
Unreliable power supply was a factor that worsened the impact of the August 10 MCP violence; international partners provided generators to enable the functionality of available security systems and controls, especially at night.
d. Arbitrary Arrest or Detention
Although the provisional federal constitution prohibits illegal detention, government security forces, allied militias, and regional authorities arbitrarily arrested and detained persons (see section 1.g.). The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but only politicians and some businesspersons could exercise this right effectively.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but the government did not always respect judicial independence and impartiality. The civilian judicial system remained dysfunctional and unevenly developed, particularly outside of urban areas. Some local courts depended on the dominant local clan and associated factions for their authority. The judiciary in most areas relied on a combination of traditional and customary law, sharia (Islamic law), and formal law. The judiciary was subject to influence and corruption and was strongly influenced by clan-based politics. Authorities often did not respect court orders or were not able to enforce the orders. Without clear protocols and procedures in place for the transfer of military case to civilian courts, authorities prosecuted only a handful serious criminal cases.
The lack of accountability enabled judges to abuse their power. Civilian judges also lacked the necessary security to perform their jobs without fear. Cases involving security personnel or individuals accused of terrorism-related crimes were heard by military courts.
In Somaliland functional courts existed, although there was a serious shortage of trained judges, as well as limited legal documentation upon which to build judicial precedent and widespread allegations of corruption. Somaliland’s hybrid judicial system incorporates sharia, customary law, and formal law, but they were not well integrated. There was widespread interference in the judicial process, and government officials regularly intervened to influence cases, particularly those involving journalists. International NGOs reported local officials interfered in legal matters and invoked the public order law to detain and incarcerate persons without trial.
Traditional clan elders mediated conflicts throughout the country. Clans frequently used and applied traditional justice practices. Traditional judgments sometimes held entire clans or subclans responsible for alleged violations by individuals.
The law provides for the right to a fair and public trial, but the lack of an independent functioning judiciary meant this right was often not enforced. According to the law, individuals have the right to a presumption of innocence. They also have the right to be informed promptly and in detail of the charges against them in a language they understand, although the law is unclear on whether the right to translation applies through all appeals. Detainees have the right to be brought before a competent court within 48 hours of arrest, to communicate with an attorney of their choice (or have one provided at public expense if indigent), and to not be compelled to incriminate themselves. Authorities did not respect most rights relating to trial procedures. Clan politics and corruption often impeded access to a fair trial. The law does not address confronting witnesses, the right to appeal a court’s ruling, the provision of sufficient time and facilities to prepare a defense, or the right to present one’s own evidence and witnesses.
Military courts tried civilians. Defendants in military courts rarely had legal representation or the right to appeal. Authorities sometimes executed those sentenced to death within days of the court’s verdict (see section 1.a.). Some government officials continued to claim that a 2011 state of emergency decree gave military courts jurisdiction over crimes, including those committed by civilians, in areas from which al-Shabaab had retreated. There were no clear indications whether this decree remained in effect according to government policy, statements, or actions, although the initial decree was for a period of three months and never formally extended.
In Somaliland defendants generally enjoyed a presumption of innocence and the right to a public trial, to be present at trial, and to consult an attorney at all stages of criminal proceedings. The government did not always inform defendants promptly and in detail of the charges against them and did not always provide access to government-held evidence. The government did not provide defendants with dedicated facilities to prepare a defense but generally provided adequate time to prepare. The government provided defendants with free interpretation or paid for private interpretation if they declined government-offered interpretation from the moment charged through all appeals. Defendants could question witnesses, present witnesses and evidence in their defense, and appeal court verdicts.
Somaliland provided free legal representation for defendants who faced serious criminal charges and could not afford a private attorney. Defendants had the right not to be compelled to testify or confess guilt. A functioning legal aid clinic existed.
There was no functioning formal judicial system in al-Shabaab-controlled areas.
Section 4. Corruption and Lack of Transparency in Government
The law provides for criminal penalties for corruption by officials, but the government did not effectively implement the law. Government officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption.
Corruption: Corruption remained endemic despite an anticorruption law. The government had not created an independent ethics and anticorruption commission despite President Farmaajo’s commitment in 2019 to do so.
The Financial Governance Committee (FGC)–an advisory body that has no legal authority but is responsible for reviewing all government contracts for more than $5 million–consisted of federal government members from the Ministry of Finance, the Central Bank, the Office of the President, and the Office of the Prime Minister, as well as the chair of the parliamentary finance committee and the Office of the State Attorney General (approximately equivalent to a solicitor general). Four delegates were funded by international financial institutions. During the year the FGC provided support to the federal government and federal member states on public financial management, fiscal federalism, oil and gas licensing, concessions and contracts, and central banking. FGC support activities included advising on a model production sharing agreement for energy concessions and assisting with initiating a tender to select a new passport supplier.
On August 24, the Benadir Regional Court convicted Ministry of Health Director General Abdullahi Hashi Ali and three senior colleagues of embezzlement and misuse of government seals and certifications for personal profit in relation to funds from international donors to combat the COVID-19 pandemic. Ali received nine years in prison, a lifetime ban on holding public office, and a fine, with his accomplices (Mohamud Bulle Mohamed, Mahdi Abshir, and Bashir Abdi Nur) receiving sentences ranging from three to 18 years’ imprisonment and various fines. Five other individuals arrested were acquitted of all charges.
The UN Panel of Experts on Somalia reported that it found no recent evidence of charcoal exports from the country (banned by the UN Security Council). Charcoal production for the domestic market continued in areas controlled by al-Shabaab, the Jubaland administration, and Kenyan AMISOM forces. The Panel of Experts expressed concern that significant stockpiles of charcoal, valued at more than $40 million, were consolidated at several potential export sites.
Somaliland had a national auditor and a presidentially appointed governance and anticorruption commission, but during the year they did not prosecute any Somaliland officials for corruption.
The UN Panel of Experts reported on the continued “taxation” by al-Shabaab, which extorted zakat (a Muslim obligation to donate to charity) and sadaqa (a voluntary charity contribution paid by Muslims) in the regions it controlled. The Panel of Experts found that al-Shabaab remained in a strong financial position and was generating a significant budgetary surplus. The Panel of Experts also found that although Somalia had taken steps to strengthen its financial sector to combat terrorism, al-Shabaab was using formal financial institutions to store and transfer funds.
Financial Disclosure: The law does not require income and asset disclosure by appointed or elected officials.