Tuesday, August 15, 2017

Rule of law v. negotiated justice in Somalia

The facts in the case are essentially these. A Somali soldier shoots a government minister to death. He is tried in military court and sentenced to death. The judgment is upheld on review. All that is needed is the signature of the country's president. But now it seems that the accused's clan hopes to reach an understanding with the victim's clan, presumably letting him off the hook. Details from Somali Update here. Excerpt:
CLAN INFLUENCE 
The military court official admitted that since when the killer soldier was put on trial for the death of the late minister, there was increasing pressure from relatives and his Habar Gedir clansmen pushing to his release. 
The family of the late minister, which comes from Huber sub-clan of Rahanweyn, publicly opposed the suggestions demanding the release of the soldier in return for compensation to the family of the deceased. 
The case now seems to be a tough test for President [Mohamed Abdullahi Mohamed] Farmajo's administration. 
"The pressure continues to affect us. After the trial the Habar Gedir clan started to pushing for payment of compensation [diya money] in return for the killer's release." the court official added. 
Somali Update has learnt that politicians and Members of the Parliament from Habar Gedir met President Farmajo two weeks ago in an attempt to spare their man from the execution alleging that "the shooting was not deliberate". 
According to a source at the meeting, the Habar Gedir members urged the president to allow their representatives to negotiate with the Huber clan members to reach mutual settlement into the death of the minister
This was backed by recent demonstration staged by the members of Habar Gedir in Mogadishu. 
But how ever, the military court official says the ball is to the court of Villa Somalia.
"If the president signs today, tomorrow we shall carry the execution." he told Somali Update.
Rule of Law, anyone? Doesn't the public have an interest here?

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