Annual Assessment Report on the State of Human Rights Violations in Mogadishu Prisons and Detention Facilities

In 2016, Somalia went through a significant transformation as it shifted into a Federal State consisting of six Federal Member States: Galmudug, Hirshabelle, Jubaland, Puntland, Southwest State, and the self-proclaimed Republic of Somaliland. When addressing the subject of prisons and detention centres in Somalia, the primary focus is on the prison facilities within these six Federal Member States, as well as the prisons and detention facilities located in the Benadir Region of Mogadishu.

This annual report aims to offer a thorough summary of the human rights abuses taking place in prisons and detention facilities in Mogadishu. It also seeks to bring attention to the condition of prisons and to investigate alternative community-based options for incarceration. Moreover, the report strives to evaluate the living conditions of both detainees and individuals who are awaiting trial or have been sentenced.

Somalia is firmly committed to protecting and upholding human rights and human dignity, including a genuine dedication to preventing and fighting all types of torture. Somalia also reaffirms its backing for international human rights mechanisms and tools that forbid torture, with the Convention against Torture as the principal treaty. Further measures against torture are outlined in Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, which prohibit torture and the infliction of cruel, inhuman, or degrading treatment on any person.

Despite extensive efforts, various ongoing issues persist in Mogadishu prisons, such as uncontrolled outbreaks of violence resulting in loss of life among inmates. Diseases are the leading cause of death in prisons, while insufficient supervision results in easy access to weapons, a lack of separation between different categories of prisoners, and competition for basic necessities that contributes to inmate-on-inmate abuse. Corruption and physical abuse by guards are persistent problems, particularly affecting female prisoners who are vulnerable to sexual abuse. Almost every prison in Somalia suffers from overcrowding, and the facilities are old, outdated, and deteriorating physically.

If you need further details about this yearly report, feel free to get in touch with us at reports@opr.org.so.

The data used in this report was gathered by the Organization for Prisoners' Rights from prisons and detention centres in Mogadishu, with the collaboration of the Ministry of Justice and Constitutional Affairs of the Federal Government of Somalia, the Somali Custodial Corps, and the Somali Rights Organization.

The report was authored by OPR, with contributions from Ismail Mohamud Abukar, Head of the Human Rights Department, Co-Founder, Researcher and Investigator; Abukar Hassan Ahmed, Co-Founder, Board Member, and former Human Rights Adviser to the President of the Federal Government of Somalia; Ahmed Mohamud Hussein, Board Member and Researcher; Abdirashid Hassan Abdi, Director of Graphic Design; Osman Mohiadin Shatah, Director of Somalia Non-State Actors; Dr. Teko Patrick Samson, Head of the Makerere University Research Department; and Fathiya Mohamed Abdullahi, Community Engagement Specialist at the Banadir Regional Administration, who served as reviewers.

The Annual Report of the Organization for Prisoners' Rights thoroughly outlines the accomplishments and influence of the organization's efforts in 2023. The Federal Government of Somalia has established six Federal Member States and the Benadir Region since 2016. The management of prisons is the responsibility of the Commander of the Custodial Corps. There has been a notable rise in the number of prisoners since the Federal Government initiated its campaign against Al-Shabaab. Despite receiving targeted aid from the international community, Somali prisons and justice institutions continue to grapple with effectively administering justice, upholding law and order, and offering accessible justice services to prisoners and detainees. The urgent necessity of reforming the court system and prosecution services persists.

OPR conducts visits to detention facilities in Mogadishu to highlight the importance of addressing discrimination, promoting and ensuring humane conditions for detainees, and advocating for their dignity. From 2021 onwards, OPR has collaborated with humanitarian organizations, prison authorities, and civil society to establish and uphold dignity in the detention facilities.

Prisoners and Detainees Demographics

The vast majority of prisoners in Somalia's prisons and detention facilities are adult males, with only a few female inmates. There are also minors and individuals with disabilities held in these facilities.

It should be noted that ever since Somali President Hassan Sheikh Mohamud returned to power in May 2022, the war against Al-Shabaab, which was one of his main campaign promises, has been pursued through a campaign led by the Federal Government, local militia known as Ma'awisleey, forces of the African Union Transition Mission in Somalia, and Turkish and United States forces. The campaign led to the arrest of many alleged extremists, some of them very young and under the age of eighteen, from the Bay and Bakool regions. They are now held in prisons in Mogadishu, Baladwene, Buloburte, and Jowhar, where they face harsh conditions and endure severe hardship, particularly the injured, who are held without adequate medical attention.

A recent survey by the Organization for Prisoners' Rights at Mogadishu Central Prison, Godka Jilacow Prison, and the Mogadishu Prison and Court Complex indicates that there are about 1,792 male inmates, 28 female inmates, 109 male juvenile prisoners, and no female juvenile inmates.

There are a total of 953 remand prisoners, of whom 17 are female and 877 are male, with 59 of the male remand prisoners under the age of eighteen. According to a survey conducted by OPR at Mogadishu Central Prison, it was discovered that 47 inmates had served their mandated term but remained in prison. OPR could not verify this information independently.

Furthermore, OPR conducted a survey at Godka Jilacow Prison, revealing the presence of 98 political prisoners and detainees and 198 individuals associated with Al-Shabaab. However, OPR was unable to verify these numbers independently.

The same survey reveals that there are 234 detainees, consisting of males, females, and individuals under the age of eighteen, held at the 18 district police stations in Mogadishu, and 74 detainees including 21 women at the Criminal Investigation Directorate headquarters in Mogadishu. The population and distribution of prisoners in Mogadishu prisons is summarised in the tables below.

Administration and Recordkeeping

Prisons and detention facilities in Somalia do not have ombudsmen, and recordkeeping remains inadequate. A lack of comprehensive policy frameworks on the management of manual records has been cited as a major impediment to adequate digital records management. A registrar officer at Mogadishu Central Prison pointed out that:

The officer also stated that:

Prison administrators frequently express concern about the alarming frequency with which important records are misplaced and lost, as well as the sluggish pace of retrieving necessary records from storage. According to the officer, the gathering and distribution of information in prison offices is hindered by the lack of computers and printers.

Additionally, in Mogadishu and throughout Somalia, the majority of individuals responsible for maintaining records and archives lack formal training in records management. Instead, they are typically chosen on the basis of clan-related practices, often without an educational background. Subsequently, these individuals advance to become records managers through either promotion or seniority, without receiving formal training in archives and records management. Research conducted by OPR revealed that none of the employees in the registry departments had undergone any specialised training in records and archives management.

Prisons and Detention Facilities Infrastructure

Somalia faces the issue of antiquated prison buildings, such as the Central Prison in Mogadishu, which holds more than ten times its intended capacity. The Central Prison, constructed during colonial times, is a prime example of the problem of outdated and deteriorating prison facilities. Many prisons in Somalia, built in the nineteenth century, require ongoing maintenance but remain in operation. Additionally, numerous prisons lack an effective plumbing system.

The majority of correctional facilities require either renovation or reconstruction, as many buildings date back to the colonial era. Except for the Police Headquarters, all of Kismayo's prison facilities are in a state of disrepair. The central prison in Mogadishu is in dire need of maintenance due to extensive damage. Baidoa's main prison is quite old and hot, with poorly ventilated cells. In addition, these prisons and detention facilities lack dedicated facilities for female detainees and prisoners.

Family and Information Availability

Access to family members and to information presents a very significant challenge and affects access to justice for some prisoners in Somalia's prisons. Young boys from Bay, Bakool, and Lower Shabelle, for example, are held in prisons far from where their families can visit them. The majority of prisoners and detainees have access to family members and are aware of the reasons for their detention. However, other prisoners arrested in southwest Somalia are imprisoned in Mogadishu far from their families and do not receive visitors.

It was established that in the past prisoners were allowed family visits every Sunday and Wednesday, but for over a year now family visits have been banned. If an inmate is fortunate enough to receive a visit, the visitor is not allowed to carry food or other necessities and is asked to pay twenty United States dollars for each visit.

After OPR spoke with one of the prison staff, he verified the claim without any reluctance. He stated that he operates a restaurant within the prison premises and emphasised that families are not permitted to bring food for the inmates. Furthermore, the officer disclosed that prisoners can only receive visitors if those visitors are not carrying any food. It was also disclosed that when inmates have visitors, the visitors are typically required to wait in line from seven in the morning until three in the afternoon. Finally, once visitors are allowed to interact with the inmates, there is a barrier between them, and they are charged twenty dollars for the privilege. It was also disturbing to learn that in order to come out of one's room to enjoy some fresh air and sun, inmates have to pay five dollars for ten minutes.

Overcrowding in Prisons and Correctional Facilities

Somalia's prisons and detention facilities continue to grapple with the significant challenge of overcrowding. As an example, the central prison in Mogadishu was initially intended to accommodate 400 to 500 prisoners, yet the average number of detainees over the past three years has surpassed this capacity, reaching 1,993, which is more than triple the intended capacity. Furthermore, the situation has been exacerbated by the widespread influx of internally displaced persons returning to various cities across the nation, as well as by the government's campaign against Al-Shabaab under the leadership of President Hassan Sheikh Mohamud.

Somalia's urban prisons and detention facilities, especially after extensive security operations, are often filled beyond capacity in the southern and central regions, as well as in areas controlled by Al-Shabaab. The prison conditions are reported to be severe and sometimes life-threatening. Nearly every prison in Somalia suffers from overcrowding, leading to various serious abuses. This challenge is especially pronounced in smaller detention facilities for pretrial detainees, where individuals are packed closely together with little space to move. Overcrowding is also a significant issue in prisons under the control of Al-Shabaab, where a large proportion of inmates are housed.

Health, Hygiene and Nutrition

The healthcare provided to detainees is inadequate and does not cater to their needs. Inmates often face difficulties in accessing medications and medical attention. Health conditions are poor, especially in the prisons of Kismayo, Baidoa, and Mogadishu. Detainees experience significant challenges in receiving timely medical care due to the absence of functioning health systems in detention facilities. The main prisons in Baidoa, Kismayo, and Mogadishu have a limited number of qualified medical staff. There is a lack of medical supplies and equipment for the nurses working in the detention facilities. Additionally, concerns have been raised about the exposure of inmates to extreme heat and insects.

According to research conducted by OPR, inmates in Mogadishu's detention facilities do not have access to medical care. As a result of the large number of prisoners, there is no isolation area for patients with tuberculosis, and tuberculosis patients do not receive medication. Outbreaks of cholera and diarrhoea, caused by high seasonal temperatures, have resulted in deaths and hospitalisations. The lack of laboratory equipment, trained laboratory technicians, proficient laboratories, and experienced laboratory staff hinders laboratory work. There are no first aid supplies or qualified personnel for emergency procedures, and there is also a shortage of emergency equipment. The medical departments in the prisons do not offer necessary examinations and tests, including ultrasounds, computed tomography scans, magnetic resonance imaging, and other diagnostic procedures.

Therefore, should a prisoner's health worsen, they will be taken to an external hospital. Medical professionals in Mogadishu prisons do not receive timely payment or training. Furthermore, the current medical facilities lack an ambulance, which makes it challenging to transport patients to hospitals in case of an emergency. Common illnesses include scabies, tinea versicolor, ringworm, hepatitis A and B, Helicobacter pylori, tuberculosis, sexually transmitted infections, pneumonia, and anaemia.

A prison officer recently provided details about the health situation at the Mogadishu prisons, stating that various diseases, including drug-resistant strains, have become widespread. Additionally, many individuals in prisons and detention facilities are affected by AIDS.

In a conversation with OPR, a doctor from De Martino General Hospital stated that:

In prisons and detention facilities, hygiene poses a significant issue, with eighty per cent of facilities judged unacceptable due to inadequate hygiene, mainly caused by the absence or poor condition of toilets. The majority of institutions fail to provide inmates with appropriate bedding, with over sixty per cent of inspected prison facilities lacking sleeping amenities. The presence of shared sanitary facilities, insufficient hygiene measures, poor ventilation, and restricted access to communal areas are all physical and administrative factors that can facilitate the transmission of diseases. These conditions provide an optimal environment for infectious diseases to propagate if a prisoner or prison staff member becomes ill.

An inmate at Mogadishu Central Prison stated:

Access to nutritious and healthy food in Somalia's prisons and detention facilities has always been a consistent issue. All detention facilities struggle with providing adequate nutrition to prisoners, especially the most vulnerable. The combination of more frequent climate-related extreme temperatures, the global COVID-19 pandemic, and ongoing conflict has led to Somali prisons having some of the highest rates of acute malnutrition and severe micronutrient deficiencies globally. Historically, much of the humanitarian effort aimed at addressing malnutrition in Somali prisons and detention facilities has focused on the treatment of cases.

During a visit to detention facilities in Mogadishu, Baidoa, and Kismayo, OPR was able to interview nurses who stated that inmates receive insufficient food, lacking both in quantity and variety. Many of these inmates suffer from anaemia and lack vitamin A. They are also more prone to infectious diseases and are at risk of developing severe acute malnutrition, characterised by dangerously low weight and severe muscle wasting. Further research is needed to determine the nutritional value of the food served in detention facilities, but qualitative data collected by OPR shows that prisoners' diets are unbalanced and of poor nutritional quality.

Water and Food in Prisons and Correctional Facilities

OPR supports places of detention in improving access to clean water. The organization believes that detainees must be provided with water and food sufficient in quantity and quality to ensure good health.

Yet the prisons and detention facilities in Mogadishu, Kismayo, and Baidoa that OPR inspected have unclean drinking water. Data received by the Organization for Prisoners' Rights reveals that the government only provided food for prisoners incarcerated at Criminal Investigation Directorate sites; detainees in police stations in Mogadishu do not receive food from the government. Families of prisoners occasionally brought food for them. It should be noted that although food is provided by the prison, it is usually unpalatable, forcing inmates to buy food from the restaurants operating within the facility.

One of the inmates OPR spoke to said:

OPR also learned that if prisoners refuse to buy food from the restaurant, they are punished through solitary confinement. While in solitary confinement, inmates are undressed, may go up to five days without food or water, and are forced to sleep in a room filled with oil drained from vehicles as a means of punishment. Similarly, while in solitary confinement, inmates are allowed only a few minutes of sun and they undergo physical beating before they are returned to their holding cells, usually when they can hardly walk.

The situation is even grimmer, according to an inmate who shared some of his experiences:

According to another inmate:

In a conversation with one of the inmates, he said:

Minorities in Somalia's Prisons and Detention Facilities

Prisoners from minority groups in Somalia encounter substantial difficulties, and the way they are treated in prisons is a matter of serious concern. A study conducted by OPR points out that minority individuals in Somali prisons experience sexual assault, extrajudicial killings, and other infringements of their human rights both inside and outside correctional facilities.

In Somalia, the formal justice system is viewed as fragile and dysfunctional, lacking national policies and laws to safeguard and uphold the rights of minorities in prisons. Furthermore, there are no clear support measures in place to positively affect the security and well-being of minority groups, and federal law does not specifically allow prisoners to submit complaints to judicial authorities without censorship.

The judicial system is susceptible to corruption and manipulation by clan-based politics. Both government and local authorities interfere with legal proceedings, including by unlawfully detaining individuals from minority communities. Numerous members of minority communities held at Mogadishu Central Prison and the Mogadishu Prison and Court Complex are unjustly detained or convicted without proper access to legal processes, representation, and information. Limited access to resources and information also obstructs their ability to seek justice. Furthermore, minorities lack the support provided by traditional clan structures, which affects their political involvement, job prospects, and ability to access justice, and they often encounter poverty, discrimination, and marginalisation. Many members of minority communities are displaced, with a significant portion residing in settlements for internally displaced persons in Mogadishu, Puntland, and Somaliland.

A member of a minority group who is incarcerated at Mogadishu Central Prison informed OPR that:

Deaths in Prisons and Detention Facilities

The prisons and detention facilities in Somalia are some of the most overcrowded in the world and suffer from insufficient funding. Nationwide, data on mortality rates in prisons and pretrial detention facilities is often inaccessible. According to interviews conducted by OPR, former prisoners revealed that contagious diseases such as tuberculosis and cholera, as well as insufficient food and shootouts between inmates and prison guards, are the main causes of deaths at Mogadishu Central Prison. OPR has verified 104 deaths in prisons and detention facilities in Mogadishu since the beginning of 2019.

Non-separation of Adult and Juvenile Prisoners

Prisons and detention facilities in Somalia commonly house juveniles alongside adults, and there is often no segregation between pretrial detainees and convicted inmates. The practice of incarcerating juveniles at the request of families seeking disciplinary measures for their children persists as an issue. To avoid their forced recruitment by Al-Shabaab militants, families from areas under the group's control sometimes send juveniles to detention facilities in Mogadishu. Prison authorities face challenges in separating prisoners according to the nature of their criminal cases. Terrorist suspects, for instance, are often held and housed together with juveniles and other inmates who have been incarcerated for minor offences.

According to one inmate speaking to OPR at Mogadishu Central Prison:

Another inmate mentioned that when they questioned the prison guards about bringing an older person into their cell, they were told:

Gender Sensitivity and Segregation of Male and Female Inmates

Rule 11(a) of the Nelson Mandela Rules calls for separate institutional facilities for men and women, and states that in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate.

In many of the prisons and detention facilities that have been observed, the cells for male and female detainees are typically separated. However, although the majority of prisoners in Somalia are adult males, female prisoners and detainees often lack separate restrooms and private areas.

Due to overcrowding in the prisons, women are sometimes denied access to designated areas or separate cells and may instead be obliged to use temporary spaces such as staff restrooms. There are also reports indicating that male and female inmates sometimes share restroom facilities.

In its 2022 report on human rights practices in Somalia, OPR highlighted that security forces were involved in unlawful or arbitrary killings, including extrajudicial killings, torture, and cruel, inhuman, or degrading treatment. The report also addressed concerns about political prisoners and detainees, politically motivated disappearances, and serious restrictions on free expression of the press and the internet, criminal libel laws, and unjustified arrests and prosecutions of media organizations and journalists. Furthermore, the report emphasised the lack of investigation and accountability for violence against women, including sexual violence related to conflict.

Religious Freedom in Somalia's Prisons and Detention Centres

OPR has been actively involved in promoting religious freedom in Somalia's prisons and continues to do so. Religious freedom in Somalia relates to the ability of individuals to freely practise their religious beliefs, considering government policies, non-state actors, and societal attitudes toward religious groups. The enforcement of laws concerning religion by the various autonomous governments in the region is inconsistent as a consequence of the Somali civil war. OPR has primarily collected information on religious freedom in Somalia and can confirm that prisoners in Somalia's prisons are seldom allowed to pray, read the Koran, or engage in other religious activities permitted by Islam.

In a conversation with one of the inmates, he said:

Political Prisoners and Detainees

Government and regional authorities often detain journalists and people who criticise the government, including prominent political opposition figures. The number of political prisoners is not disclosed by the Federal Government or regional authorities. In such instances, human rights organizations are usually not allowed access to places of detention such as Godka Jilacow Prison and the Criminal Investigation Directorate headquarters.

Amid increasing competition in the federal elections, Abdi Ali Rage, a former adviser to President Farmaajo, expressed his intention to compete for a lower house seat representing Jubaland Federal State. However, he was arrested in Kismayo by authorities on unspecified charges. He stated that he had been detained by Jubaland authorities and faced threats of deportation due to his political affiliation.

The authorities in Somaliland continue to detain Somaliland citizens working for the Federal Government in Mogadishu, occasionally for long durations. Officials from Somaliland serving in the federal government are not permitted by Somaliland authorities to represent Somaliland within the federal government, and such actions are considered treason, punishable under Somaliland law.

Prisons and Courts Controlled by Al-Shabaab

Al-Shabaab has set up a series of courts throughout the country. These unauthorised courts deal with a range of conflicts, unlawfully imprison individuals, and frequently issue death sentences to civilians over the telephone; they often persecute and sentence civilians without those individuals attending court or having legal representation. The group also prosecutes government officials, law enforcement officers, and ordinary citizens.

Al-Shabaab carries out arbitrary arrests and unlawful detentions. When the group conducts prosecutions or punishments, they are often unfair or disproportionate, and individuals may be subjected to prison conditions that do not respect human dignity. These detention facilities have limited space and lack heating, lighting, proper sleeping arrangements, food, recreational activities, and contact with the outside world.

Access to Court and Substantive Due Process

Long periods are spent by many people behind bars without any charges and without due process. In addition, detainees are occasionally held for lengthy periods without access to a court and substantive due process. The Somali National Intelligence and Security Agency frequently holds detainees for prolonged periods without following due process.

The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but only politicians, members of major clans, and some businesspersons can exercise this right effectively.

Confessions Obtained through Torture and Forced Coercion

OPR was not able to document the use of confessions gathered through torture or coercion as evidence in court. However, OPR received several credible reports of defendants being mistreated during the pretrial period, notably during detention in facilities operated by the National Intelligence and Security Agency and the Criminal Investigation Directorate.

OPR spoke with a detainee released from Godka Jilacow Prison, who stated that:

Arbitrary Arrest and Detention

Although the provisional federal constitution prohibits illegal detention, government security forces, allied militias, and regional authorities arbitrarily arrest and detain persons.

Numerous individuals are arbitrarily arrested and detained by federal and regional authorities, including those accused of terrorism, of showing support for Al-Shabaab, or of opposing the government. Allegations of affiliation with Al-Shabaab are frequently used by authorities to justify these arbitrary arrests. Journalists are also frequently subjected to arbitrary arrest and detention by the government and other authorities. Along with the disappearance of Radio Higsi journalist Mohamed Abdiwahab Nur, known as Abuja, several other journalists have been arbitrarily detained and arrested by government authorities on questionable charges, with limited or no access to their families or legal representation. From 16 to 21 October 2022, the National Intelligence and Security Agency kept Radio Kulmiye journalist Abdullahi Kulmiye Addow in custody after he interviewed a businessman who reportedly criticised the government and expressed views sympathetic to Al-Shabaab. To secure Addow's release, Radio Kulmiye agreed to suppress parts of the interview.

Arrest Procedures and Treatment of Detainees

The provisional federal constitution provides for arrested persons to be brought before judicial authorities within 48 hours. The law requires warrants based on sufficient evidence and issued by authorised officials for the apprehension of suspects. The law also provides that arrestees receive prompt notification of the charges against them and of judicial determinations, prompt access to a lawyer and family members, and other legal protections. Yet adherence to these safeguards is still rare.

The Federal Government makes arrests without warrants. The government sometimes keeps high-profile prisoners associated with Al-Shabaab in unknown houses before officially charging them. The law provides for bail, although citizens are rarely aware of this right or are not allowed to exercise it; authorities do not always respect this provision, and judicial personnel lack adequate training in criminal procedure. In some cases, security force members, judicial officers, politicians, and clan elders use their influence to have favoured detainees released.

Denial of Fair Public Trial

Article 107 of the Provisional Constitution of the Federal Republic of Somalia stipulates that although judicial proceedings are ordinarily open to the public, courts have the authority to decide under special circumstances whether hearings should instead be conducted in private. Situations that may warrant this include matters relating to national security, juveniles, rape, ethics, or witness protection. Additionally, all parties in a proceeding must first be accorded the opportunity to present their case before a judicial decision can be rendered.

The law provides for an independent judiciary, but the government does not always respect judicial independence and impartiality. The civilian judicial system remains dysfunctional and unevenly developed, particularly outside urban areas. Some local courts depend on the dominant local clan and associated factions for their authority. The judiciary in most areas relies on a combination of traditional and customary law, sharia, and formal law. The judiciary is subject to influence and corruption and is strongly influenced by clan-based politics. Authorities often do not respect court orders or are unable to enforce them. The lack of accountability enables judges to abuse their power. Civilian judges also lack the necessary security to perform their duties without fear.

Functional courts exist, although there is a serious shortage of trained judges, as well as limited legal documentation upon which to build judicial precedent, and widespread allegations of corruption. Somalia's hybrid judicial system incorporates sharia, customary law, and formal law, but these are not well integrated. There is widespread interference in the judicial process, and government officials regularly intervene to influence cases, particularly those involving journalists. International non-governmental organizations reported that local officials interfered in legal matters and invoked the public order law to detain and incarcerate persons without trial.

Trial Procedures

The law provides for the right to a fair and public trial, but the lack of an independent functioning judiciary means this right is 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 not to be compelled to incriminate themselves. Authorities do not respect most rights relating to trial procedures. Clan politics and corruption often impede access to a fair trial. The law does not address the confrontation of witnesses, the right to appeal a court's ruling, the provision of sufficient time and facilities to prepare a defence, or the right to present one's evidence and witnesses.

Pretrial Process and Overstay

It is common for pretrial detention to be lengthy, although there are no estimates available regarding the average duration of pretrial detention or the proportion of the prison population held in pretrial detention facilities. Trial delays are caused by the high number of detainees, a lack of judges and court administrators, and judicial inefficiency.

The Human Rights Committee of the Federal Parliament of Somalia has expressed strong concerns about the situation of prisoners at Mogadishu Central Prison. In its deliberations, the Committee cited that many inmates have been incarcerated for years without trial, that others were granted bail and are not supposed to be in prison, that some inmates have served their sentences and remain incarcerated, and that some prisoners have been held for three years and more on charges involving sums as small as ten dollars.

The Committee has proposed to parliament that the injustices in the central prison should be addressed and that, if necessary, affected prisoners should be released with immediate effect. The Committee has also stated that there is an organised racket involved in this injustice and has proposed that those involved should be called to answer queries.

The Chief of the Somali Custodial Corps, General Mahad Abdirahman, recently said that there is a significant problem at Mogadishu Central Prison and that prisoners need access to justice as an initial step. He mentioned that:

Military Courts Indicting Civilians

Functional civilian courts exist nationwide, although there is a serious shortage of trained judges, as well as limited legal documentation upon which to build judicial precedent, and widespread allegations of corruption.

Defendants in military courts rarely have legal representation or the right to appeal. Authorities sometimes execute those sentenced to death within days of the court's verdict. Some government officials continue 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 are no clear indications whether this decree remains in effect according to government policy, statements, or actions, although the initial decree was for three months and was never formally extended.

The government does not always inform defendants in military courts promptly and in detail of the charges against them and does not always provide access to evidence held by the government. The government does not provide defendants with dedicated facilities and adequate time to prepare a defence. Defendants cannot question witnesses, cannot present witnesses and evidence in their defence, and cannot appeal court verdicts. There is no functioning formal judicial system in areas controlled by Al-Shabaab.

There are no clear protocols and procedures in place for the transfer of civilian cases from military courts to civilian courts. Cases involving security personnel or individuals accused of terrorism-related crimes are heard by military courts. Civilian courts prosecute only a handful of such cases.

Apart from Somali prisons, other people arrested and detained by the police and the National Intelligence and Security Agency are kept in police stations, Godka Jilacow, the Criminal Investigation Directorate, and unknown houses.

Somali Police Force

During security sweeps in 2023, the Somali Police Force apprehended 89 individuals. In 2022, the Force arrested 51 people, including 14 suspected members of Al-Shabaab, 17 journalists, and 20 alleged youth gang members known as Ciyaal Weero. In 2021, mainly in Mogadishu, 66 individuals including 19 suspected members of Al-Shabaab and 47 youth gang affiliates were detained during security operations. In 2020, 101 individuals were detained, of whom 39 were suspected members of Al-Shabaab. Additionally, in 2019, 89 individuals, most of whom were suspected of being members of Al-Shabaab, were apprehended, with 49 subsequently released without charge. During the same period, the Somali Police Force detained over 139 boys suspected of being part of youth gangs, depriving them of their liberty.

Somali National Intelligence and Security Agency

In 2023, the National Intelligence and Security Agency conducted frequent and extensive security actions targeting Al-Shabaab and criminal groups. The Agency was involved in detaining 37 young men suspected of involvement with Al-Shabaab and youth gang activities in 21 separate incidents throughout the year. In the previous year, OPR connected the Agency to the unwarranted apprehension and incarceration of 17 people, which included 8 journalists and 9 suspected members of Al-Shabaab.

Children in the Custody of the Police, the Intelligence Agency, and Al-Shabaab

Somali parties involved in the country's 32-year-long armed conflict have all enlisted children, employing them as fighters, carriers, sources of information, or for checkpoint duty. Al-Shabaab has enlisted numerous children, including some as young as nine, over the past ten years and compelled them to engage in combat.

The mistreatment and challenges experienced by children under the control of Al-Shabaab persist even after they are taken into government custody, whether they surrender, are captured, or are arrested in mass operations. Federal Government officials use an obsolete and ineffective legal system, as well as legitimate security concerns, as a pretext to treat children accused of association with Al-Shabaab primarily as adults and criminals, instead of acknowledging them as victims of the conflict.

From 2015 onward, numerous boys suspected of joining or supporting Al-Shabaab have been detained by authorities in Somalia. While some boys have been apprehended by government security forces on the battlefield, the majority are captured during security operations in the capital or other cities throughout the country. Following their arrest by the military, police, or intelligence services, children are typically transferred to the custody of the National Intelligence and Security Agency in Mogadishu. Once there, they are detained, occasionally interrogated without access to their relatives, and deprived of legal representation. They are held alongside adult detainees and, at times, incommunicado. These violations of due process have serious implications for their safety and well-being and contravene Somalia's international human rights obligations regarding the protection of children.

The justice system nationwide continues to depend heavily on coerced confessions, even when it comes to children. Young individuals held in intelligence detention facilities in Mogadishu and other urban areas have been forced into giving written or recorded confessions. They have also been subjected to threats and, at times, physical abuse amounting to torture. The government's approach to suspected child involvement with Al-Shabaab is inconsistent.

Government officials have acknowledged detaining boys considered high risk in the past. However, factors such as a boy's economic status, clan affiliation, and external attention to the case also play a role in determining his fate. Many boys are eventually set free without being charged, often due to the intervention of relatives who bribe officials to secure their release. Some children are transferred to child rehabilitation and reintegration centres operated by non-governmental organizations, while others are brought to trial in military courts on criminal charges related to membership in Al-Shabaab, murder, or conflict-related offences.

Military Court Prosecutions of Children

According to international human rights law, it is the responsibility of governments to acknowledge the unique circumstances of children who have been recruited or used in armed conflict, including those involved in terrorism-related activities, and to provide support for their physical and psychological recovery and their reintegration into society. Although children who were part of armed groups can face prosecution for serious offences, alternative approaches should be considered, and legal proceedings should align with international standards for juvenile justice, taking the child's best interests into account.

The focus of sentencing should be on rehabilitation and on reintegrating individuals back into society. The UN Committee on the Rights of the Child, responsible for interpreting the Convention on the Rights of the Child that Somalia adopted in 2015, advises against prosecuting children within the military justice system.

Though the practice of prosecuting and imprisoning children on minor security charges in Somalia is not common, children are being brought to trial for offences related to Al-Shabaab in military courts and are often treated as adults. The military courts lack consistency in handling these cases, with basic due process such as the right to present a defence and the prohibition of coerced evidence regularly disregarded. Nearly all instances of children being sentenced by the military court in Mogadishu since 2012 involve charges of membership in Al-Shabaab or allegations of providing support to the armed group.

Children detained on security charges in the criminal justice system lack independent oversight. Advocates for international child protection and prisoners' rights in Somalia have minimal access to intelligence facilities, prisons, and military courts. The exact number of children held for offences related to Al-Shabaab in government custody nationwide is unknown, and there is no organised recordkeeping system in place.

The current legal structure that governs situations involving children accused of offences related to Al-Shabaab is, at most, inadequate and sometimes blatantly violates Somalia's international commitments. Proposed laws and policies, such as a draft anti-terrorism law, pose a risk of simplifying rather than complicating the detention and prosecution of children for such offences, without providing essential juvenile justice safeguards and without ensuring consistent access to rehabilitation and reintegration.

The Somali authorities are confronting serious security threats, but their current practices not only go against the best interests of children but could also prove detrimental to the campaign against Al-Shabaab, further fuelling public fear and distrust of the security forces.

A sixteen-year-old boy, who was detained by the National Intelligence and Security Agency for two and a half months in Mogadishu during a mass sweep, expressed the following:

Al-Shabaab continues to illegally recruit and deploy children in its conflict against the Federal Government of Somalia.

Working in Collaboration with Corrections Authorities and Stakeholders

OPR has established a constructive relationship with various stakeholders in Somalia, including Somalia Non-State Actors, such as the Somali Youth Development Network and the Women and Child Support Organization, as well as the Human Rights Committee. This collaborative effort aims to support the Federal Government and prison authorities by providing them with strategic policy advice in alignment with the UN Global Focal Point Arrangement on Rule of Law and the Comprehensive Approach to Security, ultimately aiming to build effective and accountable rule of law institutions. The team of stakeholders working together can bring together personnel from other United Nations entities, including the United Nations Development Programme, the United Nations Office for Project Services, and the United Nations Office on Drugs and Crime, and carry out collaborative justice and corrections programmes. OPR's strategic guidance, combined with operational support from United Nations agencies, funds, and programmes, has established an efficient method for providing assistance and reinforcing the rule of law in Somalia.

Human Rights Awareness Seminars, Education and Counselling for Inmates and Prison Staff

After 2022, 393 custodial corps employees, consisting of 262 men and 131 women, received training in various areas such as the Bangkok Rules concerning the treatment of female prisoners, the United Nations Standard Minimum Rules for the Treatment of Prisoners known as the Nelson Mandela Rules, incident management, rehabilitation and human rights, prison duties, and advanced and basic medical training. However, it has been reported that inadequately trained guards often struggle to ensure the safety of inmates. Specific information about the overall capacity of the custodial corps was not available within the given time constraints and from the sources consulted.

OPR emphasises its commitment to developing comprehensive capacity across various fields and specialities, utilising a variety of approaches such as awareness programmes, education, therapy, and dialogue to address the challenges faced by prisoners in Somalia's correctional facilities. OPR believes that creating programmes to help prisoners identify the underlying causes of their violent actions is a complex undertaking.

It is more difficult still to assist them in creating objectives and in identifying and implementing solutions, but it can be done through religious interventions, educational interventions, and the development of critical thinking. Psychological therapies promote the socialisation of former offenders, and intervention by social workers provides a clear image of a better future, while vocational training allows prisoners to learn the skills needed to secure employment after release. Sports and exercise promote teamwork, trust, and self-fulfilment without the need for violence, while art therapy, such as theatre, allows people to express their feelings. OPR is developing an action plan to scale out these operations, beginning with Mogadishu Central Prison.

Meeting the Needs of Convicts under Prison Laws and Regulations

The Federal Republic of Somalia is committed to upholding and promoting human rights and dignity. This determination reflects a real desire to prevent and combat all types of torture. Somalia also confirms its commitment to international human rights processes and institutions that prohibit torture, the most prominent of which is the Convention against Torture. Other specific prohibitions against torture include Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, which prohibit torture and cruel, inhuman, or degrading treatment.

A significant piece of legislation that has been evaluated is the 1962 Somali Penal Code, Legislative Decree Number 5, which lacks a definition of torture. The government expected to complete a comprehensive review of the Somali Penal Code in 2020, which would include various definitions, including a definition of torture consistent with the United Nations Convention. New progressive pieces of legislation that are compatible with the Convention against Torture are also being prepared. To that purpose, the Council of Ministers, under the Ministry of Women and Human Rights Development, introduced the Sexual Offences Bill to Parliament in June 2018, and it is currently awaiting a first reading.

The Sexual Offences Bill is intended to supplement the Somali Penal Code, which in some areas lacks measures addressing sexual violence. New prison facilities in Somaliland and Puntland have been opened with funding from the United Nations Office on Drugs and Crime, especially for piracy-related cases, and are expected to meet international standards. Prison staff have received the necessary training and support. In addition to raising awareness of the many requirements of inmates through comprehensive data collection, OPR has collaborated with other stakeholders to assist with the unique needs of detainees, their families, and the authorities in charge of detention facilities. During the COVID-19 pandemic, for example, OPR personnel assisted in delivering face masks and sanitisers to inmates in Mogadishu prisons.

Support to Address Legal, Emotional or Social Well-Being

Prisoner patients have been held inside prisons for a long time. The correctional institutions do not help former offenders reintegrate into society, and people with mental health challenges do not receive counselling or psychotherapy after being released from the facilities. When they are discharged, they are not given prescription medication, and there is no outpatient care; consequently, people with psychosocial disabilities are frequently chained at home.

These violations of human rights are addressed by families and relatives, who are the primary support systems for people with psychosocial disabilities, but they frequently struggle to provide effective support due to a lack of community support systems such as outpatient medical services and counselling based on free and informed consent. Family members are frequently misinformed, with little knowledge of mental health conditions and of what constitutes appropriate treatment and care, and they face severe societal stigma. For sporadic relief, some people turn to traditional Islamic healers or to over-the-counter medications from unregulated and unlicensed pharmacies.

A Fair and Open Approach Respecting the Diverse Aftercare of All Convicts

OPR's work in Somalia's correctional institutions involves not only assessing the standard of living and well-being of inmates but also ensuring that everyone's rights, regardless of diversity, are protected. The majority of OPR's work on incarceration focuses on ensuring that persons detained are treated with compassion and dignity during their stay. Furthermore, their families must always be able to contact them, visit them, and be aware of their whereabouts. OPR writes reports and articles, raises public awareness, collects data, and publishes it on its website and through other channels to promote an unbiased, fair, and open process.

OPR, in partnership and collaboration with other stakeholders, has been visiting people in places of detention in Somalia since 2021. Those visits are made to ensure that detainees benefit from humane and dignified treatment. The visits are carried out in prisons, police stations, detention facilities of the National Intelligence and Security Agency, and the headquarters of the Criminal Investigation Directorate. OPR works to support the unique needs of detainees, their families, and the authorities responsible for places of detention, in the belief that detention poses a distinct challenge for all of these groups.

According to the assessment by the United States Department of State of events in 2022, prison and detention facility conditions remain poor and life-threatening throughout the country, with medical treatment and sanitation utterly insufficient in many correctional facilities. It is unknown how many convicts exist nationwide, including female and child prisoners. Overcrowding, inadequate sanitation, and a lack of health care are among the harsh circumstances in prisons and detention facilities across the country. The problems of insufficient hydration, nutrition, illumination, and ventilation persist. It was reported that pneumonia and tuberculosis were rampant. Prisoners are reliant on their clans and family members, who frequently pay the confinement fees demanded by the authorities.

There is still little data on fatality rates in prisons and pretrial detention facilities. Authorities frequently place adults and children together in the same cells. Authorities repeatedly failed to separate pretrial detainees from convicted prisoners. The detention of children at the request of parents who wish to discipline them is a continuing issue. Furthermore, several families sent teenagers from areas controlled by Al-Shabaab to prison to prevent their children from being coerced into joining the organization.

Although the United Nations acknowledges the distinction between men and women, it condemned the separation between adults and children as inconsistent. The United Nations also found that the living circumstances of prisoners at Mogadishu Central Prison fall short of basic international and governmental requirements. Officials hold 120 prisoners, for example, in facilities built to hold no more than 50 people. When it comes to administration, documentation remains poor, and there are no ombudsmen in the prisons. There were few alternatives to detention, even if authorities periodically released nonviolent offenders due to a lack of government resources to hold them.

Overcrowding

Prison and detention authorities should intensify efforts to address and resolve prison congestion by creating and implementing long-term and efficient strategies to reduce the prison population. Authorities should create non-custodial measures within the legal system in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures, known as the Tokyo Rules, in order to enhance the use of alternatives to prison sentences and detention.

Such measures may include mandatory rehabilitation for those convicted of certain drug-related offences, such as drug use or consumption; the imposition of fines rather than prison sentences for first-time offenders, with minor violations resulting in penalties or community service; the avoidance of pretrial or remand incarceration for persons charged with specified crimes; the use of home detention with electronic monitoring techniques, which can lessen the risk of evading punishment; and consideration of early release techniques such as parole and conditional release.

Authorities should further minimise pretrial and remand detention and ensure that bail bonds are reasonable and proportionate to the offence. Elderly inmates should be given preference when alternatives to incarceration are granted.

Accommodation and Space

The government must provide proper ventilation, heating, and cooling systems for cells. Prison institutions should provide ample space, clean cells, and climate-appropriate bedding for prisoners.

Punishment, Cruel, Inhuman, or Degrading Treatment

Prison authorities must ensure that no discrimination exists and that all inmates are treated with dignity and kindness. They must ensure that no disciplinary action or other punishment for violating prison rules and codes of conduct constitutes torture or any other form of cruel, inhuman, or degrading treatment or punishment.

Authorities must further ensure that solitary confinement is used only as a last resort in extreme circumstances, for the shortest possible time, and following an independent examination. They must conduct thorough, unbiased, and independent investigations into all claims of torture and maltreatment, ensuring that perpetrators are punished in accordance with existing laws, rules, and regulations, and that victims are provided with the remedies and compensation to which they are entitled.

Food, Water and Sanitation

Authorities should ensure that access to clean drinking water from a tap or container is constant and available throughout the day and night, and that there is always enough water available for personal hygiene, with a sufficient flow of water going into showers and toilets at all hours. Inmates should always have unlimited access to restrooms with the highest level of privacy. Showers should be made more widely available, with enough time allowed for each prisoner to take a shower, and the tools and supplies given to prisoners assigned cleaning duties should be sufficient and appropriate.

Authorities should boost the overall nutritional value and quality of the food provided to inmates and ensure that all prisoners receive food that meets their dietary, spiritual, and cultural requirements. They should guarantee that the quantity, quality, preparation, and serving of food, as well as the facility's sanitation, meet international standards, and that prisoners have hygienic eating utensils comparable to those used outside prison. Female inmates must be given the supplies they require to meet their particular hygiene needs, including a sufficient supply of sanitary pads provided free of charge.

Healthcare and Other Health-Related Services

Authorities must undertake routine inspections with the assistance of medical specialists or qualified public health officials to investigate and address issues that may affect the health of inmates. They must ensure that prisoners who require specialised treatment are transferred to facilities or hospitals outside prisons and that they have immediate access to medical care in emergencies.

Efforts should be made to identify and meet the health needs of particular populations in detention, including women, older people, juveniles, and individuals with disabilities. Authorities must also ensure that prisoners receive adequate psychological and mental health care.

Contact with the Outside World, Recreation Opportunities and Complaints

The government must ensure that prisoners can properly and regularly connect with their loved ones, friends, and attorneys through visits, letters, and telephone calls. Authorities must guard against any unreasonable or illegal intrusion upon the privacy of prisoners during both in-person and virtual visits from their families, and must ensure that all conversations between detainees and their attorneys remain private and confidential.

Authorities should ensure that inmates have consistent access to daily newspapers, magazines, books, and other forms of entertainment, education, and culture, and that no limitations are placed on the kinds of books and other publications available for prisoners to read or consult. Prisoners should have access to sufficient leisure and cultural opportunities.

Authorities should ensure that complaints can be made anonymously by prisoners and that all complaints are received, fully investigated, and effectively addressed. They must guard against any act of retaliation against prisoners by staff members or other inmates in response to grievances that have been raised. Regular and thorough statistical data should be disseminated on the number of abuse-related complaints lodged against prison officials, the number of investigations completed, and the disciplinary or other actions taken against those found responsible.

Recommendations to the International Community

The international community should demand that the Federal Government of Somalia develop and put into action sustainable and efficient methods to lower the prison population, in order to strengthen efforts to address and resolve the issue of overcrowding in prisons.

The international community should further demand that the Federal Government make improvements to prison conditions consistent with the United Nations Standard Minimum Rules for the Treatment of Prisoners and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, in particular with regard to the amount of space allotted per prisoner, sanitation facilities, and the accessibility of adequate healthcare.

The international community should call on the Federal Government to uphold its agreements, including by allowing an Ombudsman complete access to all prisons, and should offer the technical assistance required to ensure that Somalia's prison conditions adhere to the nation's commitments under international human rights law and to relevant international standards.