SJS and Facebook conduct journalists first safety training for Somali journalists. The online training took place on Zoom on Wednesday 2 September, 2020. | Photo/SJS.
MOGADISHU, Somalia, 5 August, 2020 – Facebook in collaboration with the Somali Journalists Syndicate (SJS) held a safety training for more than 40 journalists across Somalia on Zoom platform on Wednesday 2 September, 2020.
The training entitled ‘Keeping Safe on Facebook‘ was the first ever such training by Facebook for the journalists in Somalia and aimed to enable journalists to understand how they can protect themselves on the platform and continue to carry out their profession.
“This is very important training. We are glad that SJS becomes the first journalists union to host this vital training. I applaud the Facebook team for initiating this training and making it happen,” Abdalle Ahmed Mumin, Secretary General of Somali Journalists Syndicate (SJS) said, “Ahead of the general elections in Somalia, safety and security of the journalists is of course a paramount importance. There are so many instances of incidents where journalist’s accounts were hacked improperly deleted, or disabled or even their safety and privacy compromised only because they are journalists and they are reporting the truth.“
Facebook remains a key platform for journalists in Somalia.
It is not only used for basic communication but it is also a platform for news
gathering, connecting between journalists and their news sources. It is a media
itself in which reports and daily news incidents across the country are
published. In the meantime almost all media houses are on Facebook to provide
real-time news and information to the Somali public including information
related to Covid-19 pandemic and the humanitarian and political developments.
On behalf of the Somali journalists, SJS appreciates the
efforts made by Facebook to improve the safety of the platform users including
journalists and we hope that in the future we can work together on many things
with regard to the safety of our journalists in Somalia.
Journalists cover their mouths and cameras with tapes and pens to show protest their disapproval to the draconian media bill which was recently signed into a law. Photo credit: SJS
MOGADISHU, Somalia, 28 August 2020 – Somali Journalists Syndicate (SJS) and the Somali Media Association (SOMA) on Thursday joined journalists, editors, media directors and civil society representatives to protest against the amended draconian media law, which has been introduced this week, following the signature of the Somali President.
During the protest event held in Mogadishu on 27 August, 2020, journalists and media directors expressed grave concern by the very egregious provisions in the law. Several editors and journalists have also said that they feared for their safety since Wednesday, after the President’s Director of Communication made a threatening speech against media houses and the journalists deemed critical to the President. Members of the civil society also noted the serious threats the media law poses to the freedom of the media.
Abdalle Ahmed Mumin, the Secretary General of Somali Journalists Syndicate (SJS) during a protest held in Mogadishu on Thursday 27 August, 2020 in Mogadishu. | PHOTO by Mohamed Jibril/SJS.
Abdalle Ahmed Mumin, the Secretary General of SJS, who gave detailed explanation on the most critical articles within the media law, warned that safety and privacy of journalists will be at stake if the law continues to take effect.
“Ahead of the
national elections, this law is meant to create a chilling effect on freedom of
the press and that of the media in Somalia.
This law does not only impose censorship and threatens critical
reporting, but it also forces journalists to be registered into a government
database, which is unacceptable,” Mr. Mumin, SJS Secretary General said
“Further threats are now coming from the office of the President against
certain journalists and their media houses as it has been reported by several
news editors and journalists. We warn those who are making these threats.”
Mohamed Abduwahab Abdullahi, the Secretary General of Somali Media Association (SOMA) highlighted the need for immediate campaign to safeguard the endangered media and their journalists.
Mohamed Abduwahab Abdullahi, the Secretary General of Somali Media Association (SOMA) during a protest held in Mogadishu on Thursday 27 August, 2020 in Mogadishu. | PHOTO by Mohamed Jibril/SJS.
“Our already endangered media houses are once again
threatened with a media law which criminalises free flow of information and
critical reporting. This law justifies restrictions on media coverage under
pretext of vaguely worded provisions,” SOMA Secretary General, Mr.
Abdullahi said “We are also concerned by the new threats targeting certain
media and their journalists and we want to call for an immediate intervention
to deal imminent threats posed by the Director of Communications of Villa
Somalia, following his speech at the launch of the media law.”
Hanad Ali Guled, the editor of Googjoog Media Group said he
was personally affected by the media law as he feared for his safety and that
of his news sources. The law forces journalists reveal their sources.
“This morning I reported to work fearing that I am not
safe and so my news sources. It is like I’m being held between a rock and a
hard place- faced with two equally undesirable threats- one posed by this law
and another by the environment,” Mr. Guled said.
Abdiqani Abdullahi Ibrahim, an online news editor with Kulmiye News Network (KNN) said the urgent introduction of the media law on Wednesday shows how the authorities were committed to suppress independent media ahead of the general elections.
Journalists, editors and media directors cross out their mouth with tapes and pens in protest against the draconian media law on in Mogadishu on Thursday 27 August, 2020. | PHOTO by Mohamed Jibril/SJS
“It is like that no journalist or media house will be able
to report fairly about elections, because several provisions of this law
contain media censorship including the online media. We are at the greatest
ever risk,” Mr. Ibrahim of KNN said.
Diini Mohamed, the former chairman of the Somalia Non State Actors (SONSA) has described the media law a very ‘wicked and a threat’ that need to be stopped.
“The civil society is very concerned by this Media Law. I got a copy of this law and I have read it. It is wicked, it is a threat and unacceptable. I am surprised that this law forces journalists to reveal their news sources. This is very dangerous. It must be repealed,” Diini Mohamed, Ex-chairman of the Somalia Non State Actors (SONSA) said.
Diini Mohamed, the ex-chairman of the Somali Non-State Actors during a protest held in Mogadishu on Thursday 27 August, 2020 in Mogadishu. | PHOTO by Mohamed Jibril/SJS
Mr Diini personally pledged to stand with journalists and media
houses in defending their freedom.
“Media freedom is essential for democracy and above all safety of the journalists is the most important. I am extremely concerned that this media law requires journalists to register in a database run by the government. Why would they want to do this? I call for the journalists and their unions to stand together and oppose this law. We shall support you,” Mr. Diini added.
Hanad Ali Guled, the editor of Goobjoog Media Group crosses his mouth with a tape and a pen in protest against the repressive media law in Mogadishu on Thursday 27 August, 2020 in Mogadishu. | PHOTO by Mohamed Jibril/SJS.
The amended version of the media law remains the same as the previous media law, which was signed into law in 2016, and the legal comments submitted by Somali Journalists Syndicate (SJS), Somali Media Association (SOMA) and other media associations were not incorporated, giving the government a pretext to crackdown critical media and journalists.
At the end of the event and the protest on Thursday, SJS and
SOMA jointly called for an immediate review to be carried out with the
incorporation of the input from the journalists, unions and media houses.
MOGADISHU, Somalia, 26 August 2020 – Somali Journalists Syndicate (SJS) and the Somali Media Association (SOMA) strongly protest against the oppressive and draconian Media Law (amendment) which was signed into law by President Mohamed Abdullahi Farmajo and followed by an announcement to officiate its enactment by the Ministry of Information on Wednesday 26 August and warn that the amended media law will have chilling effect on both the Somali Media houses and the journalists.
The amended version of the media law remains the same as the previous media law, which was signed into law in 2016, and the legal comments submitted by Somali Journalists Syndicate (SJS), Somali Media Association (SOMA) and other media associations were not incorporated, giving the government a pretext to crackdown critical media and journalists.
Having reviewed the new media bill, SJS and SOMA:
Are dismayed by the requirements of
accreditation and registration of journalists into a government database under
the Ministry of Information and yet-to-be-formed Somali Press Council, a
stipulated in Article 18 of this law. SJS and SOMA are calling that
registration of journalists should be a self-regulatory.
oppose any type of justification for censorship to be imposed on the media on a condition that a media house is deemed to be breaching laws including the Media Law itself, according to Article 3 (Clause 3). The Media Law should forbid any type of prior censorship unconditionally and guarantee the right to freedom of information as enshrined in Article 18 and 32 of the Provisional Federal Constitution (2012). The right to freedom of expression is also protected by Article 19 of the Universal Declaration of Human Rights (UDHR) which Somalia is a signatory and in the Article 9 of the African Charter on Human and People’s Rights (ACHPR).
Reject the restrictions of media coverage under
the pretext of vaguely worded provisions as per Article 4 of this Law which
cites “spreading false news”, “inciting violence or promoting tribalism” or
“spreading unfounded propaganda” and “disseminating any news that contains hate
or extremism”.
Are concerned by the imposition of a monetary
fine (that will be issued in the form of a special regulation) on journalists,
editors, media managers for breaching the media law or breaking
government-owned Press Council’s “code of ethics”. Worrisome is that this Law
gives the Attorney General the powers to prosecute journalists, editors and
media managers over “payment of fines”.
Are disturbed by the extra powers given to the
Ministry of information for it to have a firm control on Somali Press Council.
The Somali Press Council should be independent from government interference at
all.
The requirement for the media owners to declare amount of
money to be invested on the media house, its source of income/funds, private
addresses and identity of managers as prerequisites for applying registration,
according to Article 11, is unacceptable. We also refuse the imposition of
advance deposit of unspecified amount of money for any new media house before
seeking license, as described in the Article 9.
Journalism is not a crime and therefore any provision that
criminalizes the free flow of information and the perceived critical reporting,
particularly Article 29 which suggests imposing draconian penalties for
“dissemination or publication of false information”, “incitement” or “spreading
propaganda against the dignity of any citizen, individual, institution or the
state” must be reviewed. The same Article violates the protection of
journalistic sources as one of the key rights journalists have in order to
exercise their freedom of expression and to execute their duties as a ‘’public
watchdog”. We call the removal for this article.
SJS submits communications concerning the attacks on journalism in Somalia to the United Nations Bodies. An online launch for the submissions was held on Thursday, 20 August, 2020. | PHOTO/SJS.
MOGADISHU, Somalia/ LONDON, UK – Somali Journalists Syndicate (SJS) submits Communications to the United Nation’s Independent Expert on Human Rights in Somalia, Human Rights Council, and Special Rapporteur on Freedom of Opinion and Expression concerning the attacks on journalism in Somalia.
The
Somali Journalists Syndicate (“SJS”) has instructed international human rights
barrister Michael Polak of Church Court Chambers and Director of Justice Abroad
to submit formal communications and complaints with United Nation’s Bodies for the
Independent Expert on the Situation of Human Rights in Somalia, the Human
Rights Council, and the Special Rapporteur on the Promotion and Protection of
the Right to Freedom of Opinion and Expression regarding the attacks against journalists
in Somalia and the failure to protect the right to Freedom of Expression which
includes the right to receive information as well as the right to provide it.
The submissions which have been sent to the UN Bodies today, 20 August 2020, set out a range of acts which show that the Somali authorities have acted in breach of both their positive and negative obligations by attacking journalism through a number of acts and failing to protect journalists and create an environment conducive to freedom of expression within Somalia. The evidence presented to the UN bodies shows that the authorities are in breach of both their international obligations and obligations under the Somalian Constitution by:
Imprisoning
journalists simply for doing their jobs;
Ordering
the closure of television and radio stations;
Confiscating
journalist’s equipment;
Serious
assault against journalists;
Preventing
or limiting access to official events and information;
Forcing
journalists to flee into exile;
Passing
the “Somali Media Bill” currently awaits Presidential assent which uses ‘a
litany of sweeping terminology and purposely vague phrases’ to ‘provide
authorities unprecedented powers to arbitrarily target journalists for any
reporting deemed critical of the government’;
The Online
harassment of journalists by state actors;
Creating
an atmosphere by general intimidation, mistreatment, and attacks which does not
allow the press to freely practise their trade and prevents the Somalian people
from exercising their right to freely receive information;
The
prosecution of journalists, such as Abdiaziz Ahmed Gurbiye, editor and deputy
director of the privately owned Goobjoog Media Group for publishing on his
personal Facebook page and on Gurbiye Official that the Government has
mismanaged the COVID-19 response; and
The
enforced disappearance and arbitrary detention of journalists including Radio
Hiigsi editor, Mohamed Abduwahaab Nuur Abuuja’s, who was unlawfully seized by the Security
Police and held incommunicado without access to his lawyer or family from 7
March 2020 to 2 August 2020.
These
communications call on the Independent Expert on the Situation of Human Rights
in Somalia, the Human Rights Council, and the Special Rapporteur for the
Protection of the Right to Freedom of Opinion and Expression to require the
Somalian authorities to:
Allow press from all outlets to attend all governmental events or announcements;
Allow access to the airwaves for radio and tv stations regardless of their position, dialect used, or style of reporting;
Stop closing down or suspending the operation of newspapers;
Cease Imprisoning journalists, both for short periods and for longer sentences simply for doing their jobs;
Stop confiscating journalist’s equipment or raiding their premises;
Desist from assaulting, harassing, threatening journalists, or acting in any way which forces them to flee into exile;
Investigate the arrest and detention by the security forces and to discipline and prosecute those responsible for the unlawful detention of the following a large number of Somalian journalists;
Investigate assaults carried out by the Police or security services, the seizure of journalistic equipment where this has taken place, and to prosecute the perpetrators and to return seized equipment from the individuals where this has been taken
Investigate, discipline, and prosecute all state and non-state actors who make threats against journalists;
Stop making anti-media public statements;
Not to give assent to the Somali Media Bill which severely limits the ability of the media to freely report the news;
Stop blocking website which publish news unfavourable to the authorities;
Fully investigate the murders of Mohamed Omar Sahal, Hodan Nalayeh Said Yusuf Ali, and Abdiwali Ali Hassan (aka Abdiwali Onine) and hold those responsible to account;
Investigate the closure of named press outlets, provide compensation for such closures, and allow their reopening and operation if they are still being prevented from operating:
Stop making draconian orders seeking to influence which news items are covered and whether that coverage is favourable;
Investigate the arbitrary detention and prosecute those responsible in regards to Radio Hiigsi editor Mohamed Abduwahaab Nuur Abuuja
Immediately cease any remaining criminal prosecutions and set aside any convictions on his record, and end all harassment against Abdiaziz Ahmed Gurbiye.
Annexed to the
complaints was the
SJS’s comprehensive report which sets out the evidence in regards to the
attacks on journalism in Somalia for 2019 as well as an annex showing that such
behaviour continues in 2020 by the Somalian Government and Somaliland
authorities.
Barrister Michael Polak stated:
“The freedom of
journalists to do their job without having to fear attacks and repression by
the authorities is essential for the development of any country. The clear
evidence shows that the Somalian Government and Somaliland authorities are
failing to comply with their international and domestic legal obligations by
continuing to attack, arbitrarily detain, and censure brave hardworking
Somalian journalists.
We hope that these communications to the United
Nation’s bodies, which have been set up specifically to protect people in
situations where State authorities are refusing to do so, will shine a light on
what is taking place against journalists in Somalia and inform the authorities
that their actions are being noted both by the Somali people and the international
community.
We call on the international community, including
NGO’s and Somalia’s development partners, not to forget the importance of
journalism in Somalia and the vulnerability of journalists there. It is our
obligation to give them a voice at every opportunity and to demand that the
authorities cease to breach their international obligations and the
Constitution of Somalia.’
Mr Abdalle Ahmed Mumin, Secretary General of the Somali Journalists Syndicate (SJS) stated the following:
“Attacks against the press has dramatically increased leading many journalists to self-censor or face arbitrary arrests. Press freedom and freedom of expression are basic constitutional right entitled to every Somali citizen. These rights must be preserved and protected in order for the journalists and media stations to be able to freely inform the public.
SJS has documented the violations against the press across Somalia round the clock and what we have been witnessing, if not stopped, would put the whole journalism profession in danger. We call on the Somali federal government, federal member states and Somaliland authorities to stop the gross violations committed by their security forces, police and organs of their administrations.”
An online launch has been held today at 2pm BST/4pm Somalia Time, which can be viewed HERE.
SNTV cameraman, Mohamed Abdi Hussein Araye remains in critical condition after he sustained serious injuries during the Elite Hotel attack on Sunday where he was on assignment. | PHOTO CREDIT/SJS.
MOGADISHU, Somalia 18 August, 2020 – Somali Journalists Syndicate (SJS) and Somali Media Association (SOMA) are very concerned about the health condition of Mohamed Abdi Hussein Araye, a cameraman with the state-owned TV, who was critically injured in a hotel attack in Mogadishu on Sunday, while we strongly condemn the brief detention against Omar Ahmed Hilowle, the director of the privately-owned independent Radio Kaah, following a raid by officers from the National Intelligence and Security Agency (NISA) on the radio premises in Mogadishu on Monday 17 August.
The radio director was held at the notorious Godka Jila’ow detention for more than an hour after armed officers from NISA raided the radio premises on Monday evening 17 August. He was released back without charge, according to the director himself. The reason of the raid is unclear, however journalists at the radio station said the raid follows Radio Kaah’s coverage on Sunday’s Mogadishu hotel attack. Staffers said the radio, which was ordered off-air during the raid, was allowed to resume operations on Tuesday.
“We strongly condemn this blatant act of violation against
the freedom of the media. We call for the authorities to respect the rule of
law and immediately investigate the egregious acts of targeting media houses
and journalists by the security forces,” Abdalle Ahmed Mumin, the Secretary General
of Somali Journalists Syndicate (SJS) said.
SJS and SOMA are very concerned by the health condition of Mohamed Abdi Hussein Araye, 36-years-old cameraman with the Somali National TV, who was critically injured during a car bomb and gun attack at Elite Hotel in Mogadishu’s Liido beach on Sunday where he was on assignment. Mr. Araye, who is in hospital due to multiple serious wounds he sustained, remained in a critical condition since Sunday, according to his family.
“We are very concerned by the health situation of cameraman
Araye. We appeal for urgent support to him including by seeking an advanced
medical attention,” Mohamed Abduwahab Abdullahi, the Secretary General of
Somali Media Association (SOMA) said.
Separately, SJS and SOMA condemn the Somaliland’s Ministry of Information decree imposing USD15000 and USD5000 cash fine on Universal TV and Star TV respectively on 10 August. The Minister of Information ordered the closure of both stations late June. Star TV, however resumed its operations last week.
SJS and SOMA call for Somaliland authorities to reverse from
its unlawful fines and allow both Universal TV and Star TV to continue their
operations without condition.
SJS and SOMA general secretaries celebrate with journalist Mohamed Abuuja and family members following his release from Mogadishu Central Prison on Wednesday 5 August, 2020. | Photo/SJS.
MOGADISHU, Somalia/
Washington D.C, USA, 05
August, 2020 – After long struggle for justice, Somali Journalists Syndicate
(SJS), Somali Media Association (SOMA) and Robert F. Kennedy Human Rights
welcome today’s verdict by the Somali Military Court’s to release Radio Hiigsi
editor, Mohamed Abduwahab Nuur (Abuuja) from the nearly five-months’-long
arbitrary detention. The release followed a court hearing on Monday 03 August.
During a brief court session on Wednesday, the Judge of the
Military Court’s First Degree, Col. Hassan Ali Nur Shute stated that after
having listened to the essence of the arguments made by concerned parties, the
court did not find Mohamed Abduwahab Abuuja to be guilty of the charges brought
against him. The judge ordered for the journalist’s immediate release prompting
officials at the Mogadishu Central Prison to free Abuuja from the cell.
Representatives from SJS and SOMA accompanied by family members received Abuuja
upon his release from prison and the journalist is now reunited with his
family.
Officers
from the National Intelligence and Security Agency (NISA) detained Abuuja on
March 7 for writing critically on security forces. He was officially charged on Monday 03 August, 2020
with national treason, terrorism and murder. However the Military Court dropped
all these charges and declared the journalist’s innocence.
On 29 July, SJS, SOMA and
Robert F. Kennedy Human Rights filed a petition before the United Nations Working
Group on Arbitrary Detention on behalf of Abuuja
for the arbitrary nature of his arrest and detention, and
the unlawful mistreatment he’d been subjected to while in prison.
Abdalle Ahmed Mumin,
secretary general of Somali Journalists Syndicate (SJS) said:
“We are glad that finally our colleague Mohamed Abuuja has
been freed from detention and has reunited with his family. Journalism is not a
crime and Abuuja should not have been arrested in the first place. He has been held in arbitrary detention since
March 7 for criticizing the security forces. We call for the authorities to
ensure Abuuja’ safety so he can be able to resume his journalism profession
with immediate effect.”
Mohamed Abduwahab
Abdullahi, secretary general of Somali Media Association (SOMA) said:
“We are glad that justice has been finally served. We thank
the court officials for their efforts to ensure that journalist Mohamed Abuuja
who has been detained for his journalism gets his freedom. We also thank the
defense lawyers jointly secured by SJS and SOMA for their tireless efforts. We
demand authorities to respect press freedom and stop intimidations, threats and
harassing critical journalists.”
Dahir Mohamed Ali,
the lead defense lawyer said:
“I am very excited that our client, journalist Mohamed
Abuuja is free from jail. He has been victimized for his journalism. His safety
is of a paramount importance now so that he can resume his job as a
journalist.”
SJS, SOMA and Robert F. Kennedy Human Rights appreciate the solidarity and support from international press freedom and human rights organizations including Amnesty International and Committee to Protect Journalists (CPJ) during Abuuja’s detention.
(From left) SOMA secretary general, Mohamed Abduwahab; Goobjoog director, Hassan Mohamud; SJS secretary general, Abdalle Mumin and Goobjoog editor, Hanad A. Guled during a joint press conference in Mogadishu on Thursday 30 July, 2020. | Photo/SJS.
MOGADISHU, Somalia 30 July, 2020 – Following weeks of legal battle in the Banadir Regional Court, Somali Journalists Syndicate (SJS) and Somali Media Association (SOMA) on Thursday joined by Goobjoog Media Group’s Director in expressing concern over the deteriorating situation of the press freedom in Somalia and called for immediate steps to end the ongoing intimidations, censorship and threats including judicial harassment targeting independent journalists and media outlets.
It is extremely disconcerting that journalists are detained without charge, security forces are intimidating reporters and government officials are forcing key journalists to withdraw critical reports.
We are jointly
alarmed by the fact that a growing number of journalists have fled or deciding
to flee the country because their government is targeting them.
Goobjoog journalist Abdiaziz Ahmed Gurbiye has been released from jail on Thursday a day after the Banadir Regional Court sentenced him to six months in jail and a fine of five million Somali Shilling. Currently Radio Hiigsi editor, Mohamed Abduwahab Abuuja is in jail for more than 144 days without charge.
Abdalle Ahmed Mumin, the secretary
general of Somali Journalists Syndicate (SJS) said:
“Today we are facing the worst situation. The media cannot breathe. Who will be willing to operate in an environment in which unfavourable information is increasingly repressed with the threat of criminal charges.”
“Somalia’s
nascent democracy will not flourish unless free speech is protected especially
at this time when the country is faced with arduous challenges ahead of the
general elections.”
Mohamed Abduwahab Abdullahi, the
secretary general of Somali Media Association (SOMA) said:
“We
jointly appeal to the members of the Federal Parliament to stand in preserving
the right to information which is Constitutional rights and engage members of
the public in standing up for the protection of free speech,” Mohamed Abduwahab
Abdullahi, the secretary general of SOMA said “Members of the international
community who have been generously supporting Somalia’s state-building efforts
must also understand that Press freedom is vital to state building and
ensuring a functioning democracy.”
Hassan Mohamed Mohamud, Director of Goobjoog
Media Group said:
“We want to inform the public, the civil society and the Parliament about the significant threats to press freedom. We note with severe concern by the acts of threats and intimidation against journalists and independent media houses by the Attorney General of the Somali Federal Government. Arbitrary detentions and assaults on media persons by security forces have also increased at an alarming rate. Unless there is an immediate intervention, journalists and media houses will have difficult in serving the public with information.”
Goobjoog journalist, Abdiaziz Ahmed Gurbiye during a court appearance on July 14, 2020. | Photo/SJS.
MOGADISHU, Somalia 29 July, 2020 – Somali Journalists Syndicate (SJS) and Somali Media Association (SOMA) are extremely concerned by the Banadir Regional Court sentence of six months jail term and a fine of five million Somali Shilling against Goobjoog journalist, Abdiaziz Ahmed Gurbiye on Wednesday 29 July, 2020.
The presiding judge, Mohamud Yasin announced the verdict on Article 328 of the Penal Code, which states “publication or circulation of false, exaggerated or tendencious news. The Court, however, dropped another charge of Article 269 “insult to a political, administrative or judicial body”.
Following
the court sentence, Gurbiye was transferred to Mogadishu Central Prison.
“The court’s six month jail term and cash fine against Goobjoog journalist Abdiaziz Gurbiye sends chilling message to the media community in Somalia. This clearly represents that Somalia government is at war on the independent press and its intention to silence the journalists through the judiciary,” Abdalle Ahmed Mumin, Secretary General of the Somali Journalists Syndicate (SJS), “Citizens’ right to free expression is guaranteed under the Somali provisional constitutional and local, regional conventions in which Somalia must observe and we call for his unconditional release.”
Gurbiye was initially charged with Article 220, but the Attorney General’s office altered the charges several times during the court proceedings, an indication the charges brought against Gurbiye were politically motivated.
“The harsh
sentence against our colleague Gurbiye is unacceptable and is a direct threat
to the press freedom and undermines the media’s obligation to inform, entertain
and educate the public,” Mohamed Abduwahab, Secretary General of Somali Media
Association (SOMA) said “Journalism is not a crime and using outdated criminal
code violates the Somali Constitution which guarantees the freedom of
expression and that of the press.”
“Our client Abdiaziz Gurbiye was wrongfully sentenced today. We oppose this sentence and we’ll not hesitate to seek legal redress to repeal it,” Dahir Mohamed Ali, the lead lawyer of the journalist’s defense team said.
Late last month, SJS and SOMA secured lawyers to defend Gurbiye before the court of law as the first hearing of the case took place on 7 July. SJS and SOMA will continue to stand in solidarity with Goobjoog Media Group and Abdiaziz Gurbiye as we applaud our lawyers who are defending Gurbiye before the courts of law.
Somali human rights defender, journalist and editor for Radio Hiigsi, Mohamed Abduwahab (Abuuja) has been arbitrarily detained and by Somali authorities since March 7, 2020. | Photo/SJS.
Mogadishu, Somalia and Washington, DC– On July 27, 2020, the Somali Journalists Syndicate, the Somali Media Association, lawyer Daahir Ali and Robert F. Kennedy Human Rights jointly submitted a petition to the United Nations Working Group on Arbitrary Detention on behalf of detained journalist, Mohamed Abdiwahab Nuur.
Mr. Nuur, a Somali human rights defender, journalist and editor for Radio Hiigsi, has been arbitrarily detained and by Somali authorities since March 7, 2020 in retaliation for an editorial he published on February 26 criticizing the Somali security forces for engaging in threats and intimidation against Somali citizens.
As a journalist, Mr. Nuur has published pieces critical of the government since 2016. Throughout his work, he has bravely reported on abuses of power committed by the security forces, restrictions on freedom of expression, and the targeting of marginalized communities in the capital city of Mogadishu. On account of his work, Mr. Nuur has been a target of the Somali National Intelligence Security Agency (NISA) since 2019.
Most recently, Mr. Nuur became a target of NISA due to his critical February 26 editorial criticizing Somali security forces. He was first arrested on February 29, three days after publishing his article. While in detention, officers tortured him and threatened to kill him if he continued to report on abuses committed by security forces. He was eventually released on March 2 on the condition that he would not speak about his detention; however, Mr. Nuur was very vocal about his unlawful detention and on March 7, 2020 NISA Commander Liban re- arrested him. He has been detained, held without charge and repeatedly denied access to his legal counsel and family ever since. On June 7, Mr. Nuur appeared before a military court, but neither his lawyers nor his family were made aware of this court appearance. The Military Court has called on NISA, on three separate occasions, to bring official charges against Mr. Nuur, but NISA has not responded to these requests. Mr. Nuur has not had contact with his family or his lawyer since June 8.
Mr. Nuur’s arrest and continued detention violate multiple provisions of both the Somali Constitution and international human rights treaties to which Somalia is a party. As detailed in the petition, Mr. Nuur’s detention is arbitrary because he was arrested and detained without proper legal justification; because his detention resulted from his peaceful exercise of his rights to freedom of expression; because the government denied him due process rights required under international law; and because he was targeted by the government in part because of his ethnicity and political opinion. The petition calls for Mr. Nuur’s immediate release, compensation for his arbitrary arrest and mistreatment, and guarantees that Mr. Nuur may continue to freely conduct his work as a journalist after his release without threats to his life or liberty.
Goobjoog journalist, Abdiaziz Ahmed Gurbiye appears before the Banadir Regional Court on Thursday 23 July, 2020. | Photo/SJS.
MOGADISHU, Somalia 23 July, 2020 – Somali Journalists Syndicate (SJS) and Somali Media Association (SOMA) call for the Banadir Regional Court to dismiss the baseless and trumped up charges against Goobjoog journalist, Abdiaziz Ahmed Gurbiye who appeared before the court on Thursday 23 July, 2020.
In today’s court hearing, the prosecutor presented
amended charges based on Articles 328 (publication or circulation of false, exaggerated
or tendencious news); and 269 (insult to a political, administrative or
judicial body) of the Somali Penal Code.
The defending lawyers, however, refused the new charges and requested
the court to dismiss the case. The presiding judge, Mohamud Yasin then closed
the hearing and announced that the court will determine its verdict in unspecified
date.
“Today our client, journalist Abdiaziz Gurbiye appeared before the court. The prosecutor brought new charges of the Penal Code to be used against Gurbiye. We have noted to the court that journalism is not a crime and therefore, we have requested the court to dismiss the case and free our client Gurbiye,” said the lead lawyer of the defense team, Dahir Mohamed Ali in a joint press conference attended by SJS and SOMA leaders.
SJS and
SOMA expressed their concern about the continued intimidation by Somali
president’s office meant to harass and confuse the process of the case. Gurbiye was first arrested and charged with Article 220 of
the Penal Code on 14 April a day after he wrote a Facebook post alleging, “the
Somali president had taken away a donated ventilator” from a local hospital
which treats Covid-19 patients. He was released on bail on 18 April. But the
Attorney General changed the charges, according to a document seen by SJS and
SOMA.
We
jointly call for the court to dismiss this politically motivated case against
Gurbiye. SJS and SOMA are also worried and demand a full investigation into the
hacking of Gurbiye’s Facebook page which took place on Monday 20 July, the same
day the court adjourned the second hearing of Gurbiye’s case.
“Today
once again we were at the court to hear the case against our colleague
journalist Abdiaziz Gurbiye. He was initially charged with Article 220, but
unfortunately today, the Attorney General’s office brought altered the charges. This indicates how the case
against Gurbiye is a politically motivated one,” Abdalle Ahmed Mumin, the
Secretary General of Somali Journalists Syndicate (SJS) said “Journalism is not
a crime and we hope that the judge will understand and release the journalist.”
“The
charges against Gurbiye are all baseless and the court should look into that.
Authorities at the Villa Somalia should also stop weaponising the Attorney
General against the free press particularly in the case against Gurbiye,”
Mohamed Abduwahab Abdullahi, the Secretary General of Somali Media Association
(SOMA) said.
SJS and SOMA will continue to stand in solidarity with Goobjoog Media Group and Abdiaziz Gurbiye as we applaud our lawyers who are defending Gurbiye before the courts of law.
