Annual Report on the State of Human Rights Violations in Mogadishu Prisons

As of 2016, Somalia became a Federal State with six Federal Member States, including Galmudug, Hirshabelle, Jubaland, Puntland, South West State, and the self-declared Republic of Somaliland. When talking about the prisons in Somalia, the discussion focuses on the prison facilities in the six Federal Member States and also on the prisons in the Benadir Region of Mogadishu.

The overall purpose of this annual report is to give an account of the state of human rights violations in Mogadishu prisons, the situation of prisons and community-based alternatives to prisons, as well as the conditions of imprisonment for sentenced prisoners and for prisoners awaiting the adjudication of their cases.

The Federal Republic of Somalia is determined to protect and promote human rights and human dignity. This determination encompasses the genuine desire to prevent and combat all forms of torture. Somalia also reaffirms its commitment to the international human rights mechanisms and instruments prohibiting torture, of which the Convention against Torture is the principal convention. Other specific provisions 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 proscribe torture or subjecting any person to cruel, inhuman, or degrading treatment.

In spite of all these efforts, however, several issues continue to arise. They include unchecked outbursts of prison violence, with cases in which prisoners lose their lives as a result of violence within the prison walls; disease as the most common cause of death in the prisons; inadequate supervision by guards; easy access to weapons; a lack of separation between different categories of prisoners; and fierce competition for basic necessities, which encourages inmate-on-inmate abuse in many penal facilities. Corruption and physical abuse by guards remain a chronic problem, women prisoners are particularly vulnerable to custodial sexual abuse, overcrowding is prevalent in almost every prison in Somalia, and the prison facilities themselves are old, antiquated, and physically decaying. Conditions in many prisons are, in short, so deficient as to constitute cruel, inhuman, or degrading treatment, violating Article 7 of the International Covenant on Civil and Political Rights.

According to the Home Office in 2015, conditions in most prisons in Somalia, Somaliland, and Puntland, including those administered by Al-Shabaab, are harsh, with reports of poor levels of sanitation, overcrowding, and disease; inadequate medical facilities; the extensive use of lengthy pre-trial detention; and the use of torture and other forms of ill-treatment.

This report is based on data collected by the Organization for Prisoners' Rights in Mogadishu, with the support of the Ministry of Justice and Constitutional Affairs of the Federal Republic of Somalia, the Somali Custodial Corps, and the Somali Rights Organization.

The report was written by the Organization for Prisoners' Rights, with input from Ismail Mohamud Abukar, Head, Co-Founder and Researcher; Ahmed Mohamud Hussein, Board Member and Researcher; and Abdirashid Hassan Abdi, editor and designer. Osman Mohiadin Moallim, known as Shatah, Dr. Teko Patrick Samson, and Fathiya Mohamed Abdullahi served as reviewers.

The OPR Annual Report outlines the impact of the organization's work and its achievements in 2022. As of 2016, Somalia has six Federal Member States, including the self-proclaimed Republic of Somaliland, Galmudug, Hirshabelle, Jubaland, Puntland, and South West State. The prison facilities in the six Federal Member States and the prisons in the Benadir Region of Mogadishu are the main subjects of discussion when it comes to prisons in Somalia. The Commander of the Custodial Corps is in charge of prison management.

Detainee Demographics

The vast majority of prisoners in Somalia's prisons are adult men, with a few women detainees. The prisons in Somalia also hold detainees under 18 years of age and people with disabilities.

It should be noted that ever since Somali President Hassan Sheikh Mohamud returned to power in May 2022, the war against the Islamists, which was his main campaign promise, has been prosecuted through an anti-Al-Shabaab campaign led by the Federal Government, local militia known as Ma'awisleey, African Union forces, and Turkish and American drones. The campaign led to the arrest of many alleged extremists, some of them very young, from the Bay and Bakool regions. They are now held in prisons in Mogadishu, Baladwene, Bulo Burte, and Jowhar, facing harsh conditions and extremely difficult situations, especially those who are injured and do not have complete medical care.

A survey conducted by the Organization for Prisoners' Rights at the Ministry of Justice and Constitutional Affairs of the Federal Republic of Somalia and at the Somali Custodial Corps reveals that in Mogadishu itself there are approximately 1,482 male prisoners, 17 female prisoners, and 41 male juvenile prisoners, with no female prisoners under the age of eighteen. Remand prisoners total 772, of whom 12 are female, 739 are male, and 21 are male and under age. These figures are summarised in the tables below.

A survey conducted by OPR at Mogadishu Central Prison shows that there are a number of prisoners and detainees held there beyond their mandated term, having completed their sentences while remaining incarcerated.

Administration and Record-keeping

Prisons do not have ombudsmen and recordkeeping remains inadequate. There are limited alternatives to incarceration, although authorities sometimes release nonviolent offenders due to limited government resources to keep prisoners. Authorities allow prisoners and detainees to practise their religion. Federal law does not specifically allow prisoners to submit complaints to judicial authorities without censorship.

Obtaining Justice

Long periods of time are spent by many people behind bars without any charges. In addition to arbitrary arrests, detainees held by the National Intelligence and Security Agency in particular are on occasion held for lengthy periods without access to a court. 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 pre-trial period, notably during detention in facilities of the National Intelligence and Security Agency.

The uncle of a man detained after being accused of assaulting a bystander in late 2012 described what had happened to his nephew:

Infrastructural Challenges and Gender Sensitivity

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 the observed facilities, most cells for women and men detainees were separated. Facilities where men and women detainees were not separated were located in Baidoa, at Wadajir Police Station, Baidoa Main Police Station, Dufur Station, Hanano 2 Police Station and Saldhig Yare Police Station; in Kismayo, at the Traffic Headquarters; and in Mogadishu, at the Criminal Investigation Directorate. The men and women detainees who were not separated were all adults.

In Somalia, the majority of prisons require renovation or rebuilding. There are several structures that date back to colonial times. All of Kismayo's prison facilities, with the exception of the Police Headquarters, are in disrepair. The central prison needs maintenance since it is severely damaged. Information gathering and distribution are hampered by the lack of computers and printers in prison offices. The major prison in Baidoa is relatively ancient, with cramped, hot, and poorly ventilated cells. There is no separate facility for female inmates and prisoners.

Because of overpopulation, women are sometimes denied access to designated places or separate cells and are instead forced to make do with temporary quarters such as staff rest rooms. Men and women inmates occasionally share restrooms in facilities that do not have separate restrooms for women.

The physical circumstances are highly concerning. It is unknown how many people are imprisoned or detained nationwide, including how many children and women. Overcrowding, inadequate sanitation, and a lack of health care are among the harsh circumstances in prisons and detention facilities around the nation. The difficulties with inadequate food, drink, ventilation, and illumination have persisted. Prisoners are dependent on their relatives and clans, who frequently cover the costs of incarceration. Prisoners in many places rely on relatives and aid organizations for sustenance. In many instances, data on mortality rates in prisons and pre-trial detention facilities remains inaccessible.

Family and Information Availability

Access to family members and to information presents a very significant challenge and affects access to justice for some of the 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 come and 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 south west Somalia are imprisoned in Mogadishu far from their families and do not receive visitors.

Separating prisoners on the basis of their criminal cases is also sometimes difficult. Terrorist suspects, for example, are frequently housed alongside juvenile offenders who have been imprisoned for very minor offences. It is important to note that vulnerable inmates receive assistance from paralegals and medical care, but a lack of funding restricts what can be done.

Overcrowding

Prison cells are packed beyond their maximum accommodation capacity, which must be considered in the context of substandard infrastructure. The central prison in Mogadishu, for instance, was designed to house 400 to 500 prisoners, but the average number of detainees over the past three years was 1,193, more than twice that number. There are health-related repercussions of this. With the large-scale return of internally displaced persons to various cities across the nation, and with the anti-Al-Shabaab campaign launched by the government of President Hassan Sheikh Mohamud, overcrowding has also grown worse.

Hygiene

Hygiene is one of the most pressing concerns in the detention centres. In 24 per cent of the observed cells, hygiene was judged unacceptable, often due to a shortage or poor condition of toilets. The majority of institutions did not give inmates bedding. Over 60 per cent of the prison facilities that were inspected lacked sleeping amenities, and even those that did provide bedding were frequently deemed inadequate, according to a study conducted by Saferworld in 2022.

Access to Water and Food

OPR supports places of detention in improving access to clean water and overall hygiene. The organization believes that detainees must be provided with water and food sufficient in quantity and quality to ensure good health. While 12 per cent of the institutions in Mogadishu, Kismayo and Baidoa had dirty drinking water, 88 per cent of the detention centres that were inspected had drinkable water. No clean water was available to the detainees in Kismayo, but this issue affected the entire population of the city.

Food was provided at 91 per cent of the facilities observed. Qualitative data reveals that the government only provided food for prisoners and for Criminal Investigation Directorate sites, not for detainees in police stations. Police personnel in the area were fed alongside detainees in police stations. Families of prisoners occasionally brought food for them. Sixty per cent of those in custody received food three times per day. Further research is needed to determine the nutritional value of the food served in detention facilities, because qualitative data showed that prisoners' diets are unbalanced and of poor nutritional quality.

Access to Health Care

While detainees were permitted to continue taking their prescriptions, overall health care was subpar and indifferent to their requirements. Thirty-eight per cent of observations showed that inmates lacked access to medicine or medical attention. Data indicates that inmate health conditions were particularly bad in Kismayo, where there was scant access to medication and no designated health posts functioning in the detention facilities. Detainees had an extremely difficult time getting medical care, and treatment took a long time to arrive. Detainees wanted working health systems in the detention centres because they had trouble getting medical care. Few qualified medical personnel were found at the main prison in Baidoa during the collection of information that informs this report. There were no medical supplies or equipment available to the one licensed nurse working in the institution. Individuals who were referred from police stations were not screened. Concerns about inmate exposure to intense heat and insects were also highlighted by the statistics.

According to research, detainees in Mogadishu's prisons lack access to medical care. Due to the high number of convicts, there is no isolation chamber for tuberculosis patients and no medication is provided for them. Outbreaks of cholera and diarrhoea caused by high seasonal temperatures have led to fatalities and hospitalisations. For laboratory work, there is a lack of laboratory equipment, laboratory technicians, competent laboratories, and experienced laboratory staff. There are no first aid supplies or qualified personnel for emergency work, and no emergency equipment. Prison medical departments do not provide essential examinations and testing, such as ultrasound, computed tomography scans, magnetic resonance imaging, and other diagnostic procedures; if a prisoner's condition deteriorates, they are transported to an outside hospital. The employees and medical professionals working in both prisons are not paid or trained in a timely manner. The eighty or so women who reside in these prisons find them uncomfortable because there are no gender-specific quarters. Additionally, the existing medical units lack an ambulance, making it difficult to reach hospitals in the event of an emergency. Common diseases include scabies, tinea versicolor, ringworm, hepatitis A and B, tuberculosis, sexually transmitted diseases, pneumonia, and anaemia.

Nonexistent Separation Between Adult Prisoners and Juvenile Detainees

In prisons and detention centres, authorities frequently held juveniles with adults. Authorities also often do not separate pre-trial detainees from convicted prisoners, particularly in the southern and central regions. The incarceration of juveniles at the request of families who want their children disciplined remains a problem. Some families send juveniles from areas controlled by Al-Shabaab to Mogadishu detention centres to prevent them from being forcibly recruited by Al-Shabaab militants.

Working in Partnership with Prison Authorities and Stakeholders

OPR has developed a cordial relationship with the Somali Youth Development Network, the Women and Child Support Organization, the Human Rights Director of the British Council, and other stakeholders working with the prisons, so that they can help the institution empower itself with strategic policy advice, in line with the UN Global Focal Point Arrangement on Rule of Law and within the framework of the Comprehensive Approach to Security, to establish effective and accountable rule of law institutions. This integrated team of stakeholders has the capacity to co-locate 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 to implement joint justice and corrections programmes. The combination of OPR's strategic advice with programmatic delivery by United Nations agencies, funds and programmes has enabled an effective mechanism to deliver support and strengthen the rule of law in Somalia.

Human Rights Sensitisation Sessions, Teaching, Counselling and Discussion Groups in Prisons

OPR prides itself on building capacity for a holistic approach across a number of disciplines and specialisations, and through a range of interventions for sensitisation, teaching, counselling and discussion on issues affecting prisoners in Somalia's prisons.

OPR believes that developing interventions to assist prisoners in defining the issues that pushed them towards violent behaviour in the first place is a challenging task. It is an even more challenging task to help them formulate objectives and identify and implement solutions, but it can be done through religious interventions; educational intervention and the development of critical thinking; psychological interventions that foster the socialisation of former offenders; social work intervention to establish a clear vision of a better future; vocational training to gain the skills needed to secure a job on release; sports and exercise to develop teamwork, trust and self-fulfilment without the need for violence; and arts therapy, such as theatre, as an opportunity to express emotions. OPR is formulating an action plan to roll out these activities, starting with Mogadishu Central Prison.

Meeting the Needs of Prisoners as far as Possible within the Prison Laws and Regulations

The harsh conditions in prisons and detention centres throughout Somalia, as already described, include overcrowding, poor sanitation, and a lack of health care, and they require a joint effort to meet prisoners' needs. Apart from highlighting the different needs of prisoners through comprehensive data collection, OPR has partnered with other stakeholders, such as the International Committee of the Red Cross, to support the unique needs of detainees, their families, and the authorities responsible for places of detention. During the COVID-19 pandemic, for instance, some OPR staff participated in distributing face masks and sanitisers to prisoners in Mogadishu prisons.

Support to Address Emotional, Legal, and Social Well-being

Patients have been held inside Somali prisons for a long time. The centres are not catering for people to return to society, and patients are not receiving any counselling or psychotherapy. When they are discharged, they are not given any prescription, and there are no outpatient services. Initial data collection conducted by OPR examines the abuses committed against people with actual or perceived mental health conditions or psychosocial disabilities in public and private institutions.

The findings demonstrate that most residents in Somalia's prisons experience abuses. These include arbitrary detention, chaining, verbal and physical abuse, involuntary medication, overcrowding and poor conditions. Basic due process, judicial oversight and channels of redress are non-existent. Families and relatives are the main support systems available to individuals with psychosocial disabilities, but they often struggle to provide effective support, given the lack of community support systems such as outpatient medical services and counselling based on free and informed consent. Family members are often ill-informed, with limited information about mental health conditions and about what constitutes sound treatment and care, and they must confront significant social stigma. Some rely on traditional Islamic healers or on over-the-counter medicines from unregulated and unlicensed pharmacies for sporadic help. As a result, individuals with psychosocial disabilities often end up being chained at home.

Religious Freedom in Prisons

OPR has played and continues to play its role in promoting religious freedom within Somalia's prisons. Freedom of religion in Somalia refers to the extent to which people in Somalia are freely able to practise their religious beliefs, taking into account government policies, non-state actors, and societal attitudes toward religious groups. Due to the Somali civil war, the enforcement of laws pertaining to religion by the various autonomous governments in the region is inconsistent. OPR has mainly gathered information regarding religious freedom and can say with certainty that in Somalia's prisons, prisoners are allowed to pray, read the Koran, and become involved in other religious practices that Islam as a religion allows.

An Objective, Fair and Open Process which Respects Diversity and the Human Rights of All Inmates

OPR's work in Somalia's prisons involves not just evaluating the living conditions there but also ensuring that everyone's rights, regardless of diversity, are upheld. The majority of OPR's detention work is to guarantee that those who are detained are treated with compassion and dignity throughout their stay in detention. Additionally, their families must always be able to reach them, visit them, and be informed of their whereabouts. OPR publicises its findings, gathers data, and publishes it on its website and social media accounts to support an impartial, fair, and open process.

Working in Partnership with Other Stakeholders Addressing Human Rights and Aftercare for Prisoners in Somalia

OPR, in partnership and collaboration with other stakeholders including the International Committee of the Red Cross, has been visiting people in places of detention in Somalia since 2019. Those visits are made to ensure that detainees benefit from humane and dignified treatment. The visits are carried out in prisons, police stations and state security agencies. 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 unique challenge for all of these groups.

In its assessment of events in 2013, the United States Department of State stated that prison and detention facility conditions were poor and life-threatening throughout the country, with medical treatment and sanitation utterly insufficient in many places. It is not yet known how many prisoners there are nationwide, including juveniles and female prisoners. The severe conditions in prisons and detention centres around the country included overcrowding, poor sanitation, and a lack of health care. The issues with insufficient hydration, nutrition, lighting, and ventilation continued. Pneumonia and tuberculosis were said to be widespread. Prisoners were reliant on their clans and family members, who frequently paid for their confinement. In many locations, prisoners relied on their family members and humanitarian agencies for support.

There is still a shortage of information about fatality rates in prisons and pre-trial detention centres. Authorities frequently housed both adults and children in the same prisons and detention centres. Convicts of both sexes were separated. Authorities regularly failed to separate pre-trial detainees from offenders who had already been convicted, especially in the southern and central regions. The imprisonment of children at the request of parents who want to reprimand them is an ongoing problem. Several families sent young people from areas controlled by Al-Shabaab to prison in order to prevent their children from being coercively recruited by the organization.

The prison conditions were described as deplorable in a news release by the then Prime Minister, Abdi Farah Shirdon, following a visit to Mogadishu Central Prison on 16 March 2013. He also asked the international community to provide money for long-term improvements to this institution in Mogadishu. There were 950 inmates at Mogadishu Central Prison as of July 2012, including 14 women and 39 minors, according to a United Nations assessment of prisons. Although the United Nations recognised the difference between men and women, it criticised the division between adults and children as being inconsistent. The United Nations also found that the living conditions for inmates at Mogadishu Central Prison fell short of fundamental international and governmental standards. Authorities housed 120 prisoners, for instance, in spaces designed to accommodate no more than 50 persons.

On administration, documentation was still lacking, and there were no ombudsmen in the prisons. There were few alternatives to incarceration, despite the fact that authorities occasionally released peaceful offenders due to a shortage of government resources to keep prisoners. In general, visitors were welcome to pay visits to detainees and inmates, and people in captivity and in prison were allowed to practise their religion. Federal law does not permit prisoners to make complaints to court officials without those complaints being censored.

Overcrowding

Efforts should be increased to address and resolve the issue of prison overcrowding by developing and putting into action sustainable and efficient ways to lower the prison population. Non-custodial measures should be developed within the judicial system in accordance with the UN Standard Minimum Rules for Non-custodial Measures, known as the Tokyo Rules, in order to increase the use of alternatives to prison sentences and detention.

These measures could consist of mandatory rehabilitation for those convicted of certain drug-related offences, such as drug use or drug consumption; the imposition of fines for first-time offenders where it is optional to impose either fines or a prison term; the assessment of fines or community service for infractions of a minor kind; the avoidance of pre-trial or remand custody for suspects charged with specific types of crimes; the use of home detention in conjunction with electronic monitoring tools to reduce the danger of evasion; and the application of early release techniques such as parole and conditional release.

Authorities should make sure that pre-trial or remand imprisonment is used as little as possible, and that the cost of bail bonds is reasonable and appropriate for the crime. Elderly inmates should receive preference when alternatives to incarceration are granted.

Accommodation Space

Authorities should ensure that dormitories and cells are adequately ventilated with fresh air and have cooling systems, and that there is enough clean, climate-appropriate bedding available for the prisoners.

Punishment and Degrading Treatment

Authorities should ensure that no kind of discrimination exists and that all convicts are treated with respect and humanity, and that no disciplinary measure or other punishment for breaking prison regulations and codes of behaviour constitutes torture or any other form of cruel, inhuman, or degrading treatment or punishment.

Solitary confinement should only be applied as a very last resort in extreme circumstances, for the shortest amount of time possible, and after an independent evaluation has been conducted. Authorities should perform exhaustive, unbiased, and independent investigations into all claims of torture and mistreatment, see to it that offenders are punished in line with applicable laws, rules, and regulations, and see to it that victims are given the remedy and compensation to which they are entitled.

Water and Sanitation

Authorities should make sure there is always enough water available for personal hygiene, and that there is a sufficient flow of water going into showers and toilets throughout the day, especially during periods of high demand. 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 convicts who are given cleaning assignments should be sufficient and appropriate.

Food and Drinking Water

Authorities should boost the overall nutritional value and quality of the food provided to inmates, and ensure that all convicts receive food that meets their dietary, spiritual, and cultural requirements. Convicts should have hygienic eating utensils comparable to those used outside prison, and access to clean drinking water from a tap or container should be constant and available throughout the day.

Healthcare Services

Routine inspections should be conducted with the help of medical professionals or knowledgeable public health officials, to look into and address problems that could have an impact on the health of inmates, such as the quantity, quality, preparation, and serving of food, the facility's sanitation, temperature, lighting, ventilation, and sleeping arrangements.

Authorities should ensure that prisoners who need specialist care are relocated to facilities or hospitals outside prisons, and that they have prompt access to medical care in emergency situations. Care should be taken to address and meet the health requirements of particular populations, including women, senior citizens, and people with disabilities who are imprisoned. Female inmates should be given the supplies they require to suit their unique hygienic requirements, including a sufficient supply of sanitary pads provided free of charge, and convicts should receive sufficient psychological and mental care.

Access to the Outside World and Opportunities for Recreation

Authorities should make sure that convicts can properly connect with their loved ones, friends, and attorneys on a regular basis through visits, letters, and telephone calls. They should watch out for any unreasonable or illegal intrusion on the privacy of prisoners during both in-person and virtual visits from their loved ones, and ensure that all conversations between detainees and their attorneys are private and discreet.

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

Prisoners' Complaints

Authorities should ensure that complaints can be made anonymously by convicts and that all complaints are received, fully investigated, and effectively addressed. They should watch out for any acts of retaliation against prisoners by staff members or other inmates in response to grievances they have made. 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 offenders.

Recommendations to the International Community

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

It should demand that the Somali government make improvements to prison conditions that are consistent with the UN Standard Minimum Rules for the Treatment of Prisoners and the UN 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 Somali government to uphold agreements, such as 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.

Numerous prisons have poor conditions. There are restrictions on where people can obtain food, water, and bedding, and not enough thought is given to their health and cleanliness. These facilities require improvement, standardisation, and repair or reconstruction.

The provision of critical services is inadequate and unsatisfactory. Prisoners must rely on officers or on their relatives for food, for instance, because many police stations do not provide enough of it.

The percentage of women in prisons and detention centres is quite low, and some facilities do not pay much attention to gender issues. There are significant differences in the distribution of bathrooms and cells between male and female detainees, with male prisoners and detainees appearing to receive preference.