YOUTH ACCUSED OF ESPIONAGE RELEASED INTO CUSTODY OF INDEPENDENT EXPERT ON HUMAN RIGHTS IN SOMALIA

3 February 2005
The Independent Expert on the human rights situation in Somalia, Dr. Ghanim Alnajjar, issued the following statement today:

Hargeisa – Zamzam Ahmed Dualeh, a 17-year-old imprisoned on espionage charges, has been unconditionally released by Somaliland authorities into the custody of the Independent Expert on the human rights situation in Somalia, Dr. Ghanim Alnajjar. He will accompany Ms. Dualeh back to her home region of Puntland.

Ms. Dualeh was arrested on 15 August 2004 and sentenced on 15 December 2004 to five years’ imprisonment by the regional court of Hargeisa - four years for alleged espionage and one year for purportedly lying about her name, identity and clan. She was suspected of obtaining secret information about the Somaliland's Vice-President’s house on her visit to Hargeisa from Puntland. She denied the charges.

Allegations have been raised that Ms. Dualeh was mistreated by police officers during her detention. Upon the request of the Independent Expert, the Somaliland Government confirmed its commitment to investigate these allegations, and ensured that it would fully respect any decision by Ms. Dualeh to pursue these allegations in a court of law.

Dr. Alnajjar is on his fourth annual fact-finding visit to the region since being appointed Independent Expert on the situation of human rights in Somalia by UN Secretary-General Kofi Annan in June 2001. His mandate is to assess the prevailing human rights situation in Somalia and report his findings to the United Nations Commission on Human Rights.

During his mission, Dr. Alnajjar has held substantive talks with top Somaliland officials, including the Vice-President, the Justice and Interior Ministers, the Attorney General, and the Speaker of the House of Representatives. He was also able to meet with leading members of the opposition, representatives of local and international NGOs and agencies, and the media.
Amongst the matters raised during these discussions were women’s and children’s rights, prison conditions, Somaliland’s election timetable, the ongoing efforts to establish an independent human rights commission, the controversial Public Order Law, and other related issues.

In discussions with the Interior and Justice Ministers regarding the Public Order Law, it was suggested that the members of Somaliland’s National Security Committee, which has the prerogative of applying the law’s provisions, urgently study the possibility of revising the law, with a view to reconciling it with international human rights standards. The ministers agreed to look into this matter with their colleagues in the National Security Committee.

The Independent Expert continues his mission this week with visits to Garowe, Bossaso and the tsunami-stricken Hafun-area.