Situational Report (SITREP) on the State of Human Rights Violations in Mogadishu Prisons

Benadir Region — Mogadishu Central Prison and Mogadishu Prison Court Complex (MPCC)

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.

The State of Mogadishu’s Prisons

As of 2016, Somalia became a Federal State with Six (6) 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 discussions focus on the Prison facilities in the 6 Federal Member States and also the Prisons in the Benadir Region (Mogadishu).

The overall purpose of this situational assessment and report is to review 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 prisoners awaiting the adjudication of their cases.

According to Home Office (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; extensive use of lengthy pre-trial detention and the use of torture and other forms of ill-treatment.

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. Also, Somalia reaffirms its commitment to the international human rights mechanisms and instruments prohibiting torture of which the Convention against Torture (CAT) is the principal convention. Other specific provisions against torture include Article 5 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the International Covenant on Civil and Political Rights (ICCPR) which proscribe torture or subjecting any person to cruel, inhuman, or degrading treatment.

Inspite of all efforts, however, there are still several arising issues including but not limited to: unchecked outbursts of prison violence; there have been cases where prisoners lose their lives as a result of violence within the prison wall; the most common cause of death in the prisons are disease; there is inadequate supervision by guards, easy access to weapons, lack of separation of different categories of prisoners, and fierce competition for basic necessities which encourage inmate-on-inmate abuse in many penal facilities; corruption, physical abuse by guards is a chronic problem; women prisoners are particularly vulnerable to custodial sexual abuse; overcrowding prevalent in almost every prison in Somalia; there are old, antiquated, and physically decaying prison facilities. Thus, 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.

Introduction

As of 2016, Somalia became a federal state with Six (6) 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 discussions focus on the Prison facilities in the 6 Federal Member States and also the Prisons in the Benadir Region (Mogadishu). The head of Prisons administration is the Chief of the Custodial Corps.

As of today there is not a current research done on the prison situation in Somalia. But most current survey shows that Somalia Prison population total (including pre-trial detainees / remand prisoners) is estimated at least 3,700 and perhaps many more. There are an estimated 1,503 in the Central Prison in Mogadishu (Ministry of Justice and Constitutional Affairs and Judiciary Affairs of the Federal Republic of Somalia); in 2011 approximately 2,000 were held in Somaliland and 500 in one of the prisons of Puntland. In addition, “observers estimated that thousands were incarcerated” by Al-Shabaab in the regions under its control (U.S. State Department human rights report).

The Number of establishments / institution are estimated to include prisons located in Hargeisa, Somaliland, in Hargeisa, Bosasso, Galkayo, Garowe, Kismayo, Dhuusamareeb, Baidoa, Jowhar, Beledweyn and in the Somali Capital Mogadishu.

Purpose

Overall purpose of this situational assessment and report is to review the state of human rights violations in the Somali prisons, the situation of prisons and community based alternatives to prisons, as well as the conditions of imprisonment for sentenced prisoners and prisoners awaiting the adjudication of their cases. For reasons of security and inaccessibility to most of the areas which are not under the influence of the Federal Government of Somalia (FGS) at the time of the completion of the report, the members of the Organization for Prisoners Rights (OPR) could only visit the Central Prison in Mogadishu.

Conditions, Equipment, and Medical Provision

According to Home Office (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; extensive use of lengthy pre-trial detention and the use of torture and other forms of ill-treatment. Same report adds that however with support from the United Nations Office on Drugs and Crime (UNODC), new prison facilities have been opened in Somaliland and Puntland, primarily for piracy-related cases, which are expected to meet international standards and appropriate training and support have been provided to prison staff.

A survey done 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 on Prisons in Mogadishu also indicate a similar situation that: Prisons in Somalia especially in Mogadishu do not have complete office equipment such as computers and printers; there are cases of insufficient or no medicine for prisoners; There is no isolation room for Tuberculosis (TB) patients and there is no medicine given to TB patients because of the large number of prisoners; There are no laboratory equipment, laboratory technicians, qualified laboratories and experienced laboratory workers for laboratory work; There is no equipment that would be used in case of an emergency (such as first aid drugs) and trained staff for emergency work; If a prisoner’s condition worsens, he/she will be taken to outside hospital because in the prisons there is no medical departments offering the necessary checkups and tests such as Ultrasound, CT scan, MRI and etc.; The staff and doctors working in both prisons do not receive salary or training in time; There are no gender segregated rooms which becomes uncomfortable for about 80 women who live in these prisons; Common diseases such as Scabies, Tinea versicolor, Ringworm, hepatitis A and B viruses, TB, STD, and Anemia are also common place and; The existing Medical units do not have an ambulance to reach them to hospitals in case of emergencies.

Inspite of that the US Department of State reporting on events in 2013 stated that: Prison and detention center conditions remained harsh and life threatening throughout the country, with medical care and sanitation wholly inadequate in many prisons. The survey done by Organization for Prisoners’ Rights at the Ministry of Justice and Constitutional Affairs of the Federal Republic of Somalia and at the Somali Custodial Corps reveal that in Mogadishu itself approximate that; 1482 are male prisoners; 17 are female prisoners; Male Juveniles prisoners are 41; Under 18 females do not exist. Remanded prisoners total to 1113; Remanded female prisoners are 12; Remanded Male prisoners are 1101 and; Remanded Under age male prisoners are 21. As summarized in the tables below.

Physical Conditions are quite worrying: The number of prisoners and detainees throughout the country, including juvenile and female prisoners, remained unknown. Harsh conditions in prisons and detention centers throughout the country included overcrowding, poor sanitation, and lack of health care. Inadequate food, water, ventilation, and lighting continued to be persistent problems. Tuberculosis and pneumonia were reportedly widespread. Prisoners relied on their families and clans, which often paid the costs associated with detention. In many areas prisoners depended on family members and relief agencies for food. And in many cases, Information on the death rates in prisons and pretrial detention centers continued to be unavailable.

In prisons and detention centers, authorities frequently held juveniles with adults. They separate female prisoners from male. Authorities often do not separate pretrial 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 remain a problem. Some families send juveniles from Al-Shabaab controlled areas to prison to prevent their being forcibly recruited by Al-Shabaab. After a visit to Mogadishu Central Prison on March 16 2013, then Prime Minister Abdi Farah Shirdon issued a press release calling the prison conditions “deplorable” and asked the international community to support long-term improvements to this facility in Mogadishu.

A UN prison assessment found, as of July 2012, the Mogadishu Central Prison population included 950 individuals, of whom 14 were women and 39 were juveniles. The UN confirmed the separation of women and men, but noted separation of adults and juveniles was not consistent. The UN also concluded prisoners living conditions in the Mogadishu Central Prison fell short of meeting minimum international and national standards. For example, authorities held 120 inmates in cells designed for a maximum of 50 persons.

Administration: Prisons did not have ombudsmen and recordkeeping remained inadequate. There were limited alternatives to incarceration, although authorities sometimes released nonviolent offenders due to limited government resources to keep prisoners. Prisoners and detainees generally had access to visitors. Authorities allowed prisoners and detainees to practice their religion. The federal law does not specifically allow prisoners to submit complaints to judicial authorities without censorship.

A Media report in March 2013 on then Prime Minister Abdi Farah Shirdon visit to Mogadishu Central Prison stated: High seasonal temperatures have brought an outbreak of diarrhea and cholera, resulting in two deaths and 38 hospitalizations in the antiquated prison, which suffers from overcrowding. “I am very disappointed to see prisoners in these deplorable conditions,” the Prime Minister said. “At present the situation is under control and we are providing immediate assistance in terms of providing sufficient quantities of clean water and medical supplies for all those who require treatment. For the longer term, we will be asking our international partners to support us as we embark on urgently needed renovation and expansion of our prison facilities.” The Prime Minister said the growing numbers of prisoners was part of a process of normalization as the machinery of government was resuming operations after years of inactivity.

The Elman Peace and Human Rights Centre, Mogadishu reported to the May 2013 Danish and Landinfo Fact Finding Mission that many people are incarcerated without charges for long periods of time. Children and adults are not separated. There are outbreaks of diseases in the prisons and all humanitarian actors have been denied access. The last being International Committee of the Red Cross (ICRC) who’s access was denied and there have been concerns of cholera outbreaks. Petty criminals are incarcerated with radicals and high risk individuals.

In May 2013 the UN Secretary-Generals report on Somalia found that, Conditions in detention facilities monitored across the country are still below minimum international standards, including in Hargeysa, Garowe and Bosaso and in Mogadishu Central Prison, where an outbreak of suspected cholera was reported.

The August 2013 report by the UN Independent Expert on the situation of human rights in Somalia stated that,

Human Rights Watch similarly reported in May 2014 that:

The US State Department report for 2013 stated that, “Al-Shabaab operated dilapidated detention centers in areas under its control in the southern and central regions.” The U.S. Department of State annual religious freedom report covering 2013 reported that “There were numerous reports of religious prisoners and detainees in Al-Shabaab controlled areas. The exact figure was unknown.”

Amnesty International reported in October 2014:

In 2020 VOA reported that;

Commitments, Legislation, and International Support

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. Also, Somalia reaffirms its commitment to the international human rights mechanisms and instruments prohibiting torture of which the Convention against Torture (CAT) is the principal convention. Other specific provisions against torture include: Article 5 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the International Covenant on Civil and Political Rights (ICCPR) which proscribe torture or subjecting any person to cruel, inhuman or degrading treatment.

An important piece of legislation, which has been reviewed, is the 1962 Somali Penal Code (Legislative Decree No. 5), which does not include a definition of torture. The Government was expecting to finalize a comprehensive review of the Somali Penal Code in 2020, which was to include several definitions, among them the definition of torture consistent with the UN Convention. New progressive pieces of legislation, which are consistent with CAT, are also being developed. To this end, the Council of Ministers, through the Ministry of Women and Human Rights Development, submitted the Sexual Offences Bill (SOB) to Parliament by June 2018 and is awaiting its first reading. The SOB is developed to complement the Somali Penal Code that, in some areas, lacks provisions addressing sexual based violence.

With support from the UN Office on Drugs and Crime, new prison facilities have been opened in Somaliland and Puntland, primarily for piracy-related cases, which are expected to meet international standards and appropriate training and support have been provided to prison staff.

According to the Minister of Justice and Constitutional Affairs;

The same report also noted: Somaliland law allows (prisoners) to submit complaints to judicial authorities and specifies the complaints must go through the commandant and must be done in a manner prescribed by regulation.

Independent monitoring: Government, Puntland, and Somaliland authorities permitted prison monitoring by independent nongovernmental observers during the year. In Somaliland a prison conditions management committee organized by the UN Development Program and composed of medical doctors, government officials, and civil society representatives continued to visit prisons. Somaliland also allowed the UN Political Office for Somalia (UNPOS) and United Nations Assistance Mission in Somalia (UNSOM) human rights unit to visit prisons, but Puntland denied access.

Improvements: The UN Office on Drugs and Crime (UNODC) conducted training for prison security and management personnel during in Somaliland and Puntland.

A report by the UN Secretary-General in October 2014 recorded that:

UNODC finalized the construction of a new block for 40 women inmates at the prison in Bosaso, Puntland. The construction of another block for 200 male inmates is continuing. A new gatehouse and armory have also been built. The Hargeysa Central Prison in “Somaliland” is fully operational, with the support of UNODC, which also provided a prison mentor for critical operations, including the provision of training to staff and vocational training for inmates.

On the night of 8 November 2013, Al-Shabaab fighters launched a deadly attack on the prison in Bosaso. The prison had previously been substantially rebuilt by UNODC using funds from the Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia. A UNODC prison adviser has been based in Bosaso to assist in managing the 49 convicted pirates transferred there from Seychelles and in making wider improvements to the operation of the prison. Tragically, the Deputy Commander and a guard were killed in the attack, while the Commander and a supervisor were injured. The attackers caused substantial damage to the main entrance gate, a section of the prison’s external perimeter wall, razor wiring on the perimeter wall and the prison’s only prisoner transport truck. Prison staff and Puntland security forces bravely fought the attackers and were able to prevent the prison from being taken over and the potential escape of Al-Shabaab operatives, including an expert in improvised explosive devices and a suicide bomb coordinator, the imprisoned pirates and others.

On 28 April 2020 — in a bid to support the Government of Somalia’s COVID-19 infection prevention and control (IPC) measures and encourage the rapid adoption of World Health Organization (WHO) recommendations, UNODC yesterday provided key commodities and equipment to five prisons and a court complex with the generous support of the European Union and the Government of Sweden.

Arranged through UNODC’s Global Maritime Crime Programme (GMCP), the donation aims to decrease the risks of infection among personnel and prison populations at the Mogadishu Central Prison, Mogadishu Prison and Court Complex (MPCC), as well as Garowe, Kismayo, Baidoa and Beledweyn prisons. UNODC provided personal hygiene commodities for prisoners, including bars of soap, wall-mounted soap and sanitizer dispensers and refills, toothbrushes and tooth paste. Prisoners were also provided with new blankets, mattresses, mats and kitchenware. Appreciating that COVID-19 has resulted in visit limitations to keep both staff and prisoners healthy, UNODC also provided sports equipment, literature and religious reading materials, and stationary to support leisure activities and maintenance of physical and mental health. In an effort to keep individual and common areas sanitized and COVID-19-free, GMCP also donated cleaning products and equipment, such as disinfectant, laundry powder, bleach, washing liquid, brooms, mops, buckets, cleaning sponges and cloths. Commodities were also procured for the clinics and included basic wound dressing, antiseptic solutions and thermometers.

Finally, taking occupational hazard being a priority for all prison administrations, UNODC supported the prison staff with COVID-19 prevention commodities including medical respiratory mask (N95), disposable examination gloves, as well as and nitrile gloves for high risk areas and duties.

UNODC — as the lead agency of the Somalia Joint Corrections Services Support Programme (JCP) — contributes to the National Development Plan 2017-2019, that encompasses UN Strategic Priority 4: Effective and accountable institutions that respond to needs and rights of all Somalis, the Security Pact and Transition Plan. UNODC-GMCP implements this in collaboration with the United Nations Assistance Mission in Somalia (UNSOM), the United Nations Office for Project Services (UNOPS) and the United Nations Industrial Development Organization (UNIDO).

In the context of COVID-19, UNODC recognizes more than ever the need to support Member States to address the specific conditions and infection risks that prison settings represent for both people working in prisons and prisoners. The UNODC Regional Office for Eastern Africa in the past weeks has put together initiatives aimed at decreasing occupational hazards for personnel as well as preventing and controlling infection among the prison populations.

UNODC supports the implementation of virus prevention and control measures in East African prisons but recognizes these measures alone may not be enough to prevent prisons becoming epicentres in some countries – given many systems are plagued with overcrowding and systemic challenges.

COVID-19 preparedness in prisons must also be accompanied with efforts to reduce the number of new admissions and the acceleration of releases of selected categories of prisoner. The extraordinary risks that COVID-19 poses in prisons require evidence-based prevention and control measures. These need to be implemented in full compliance with the United Nations Minimum Standards for the treatment of prisoners in order to protect all those in prisons and those in the general populations.

UNODC’s efforts to stem the coronavirus infections in prisons is anchored in the principle of equivalence of care that suggests that prisoners deserve the same levels of access to medical treatment and preventive measures, without discrimination, as those in the general community.

The Constitution provides for legal safeguards for suspects and detainees that can be invoked on the outset of the deprivation of their liberty. With regards to a detainee having a fair public hearing and for their case to be (timely) brought before a competent judge, Article 34 (2) of the Constitution stipulates: “Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine: (a) Any question of civil rights and obligations; or (b) Any criminal charge.” On the right to legal defence of a suspect and/or detainee and the right to free legal aid, paragraph three and four of the same article states: “(3) Every person is entitled to defend him or herself from the case he or she is party to, whatever the level or stage of the proceedings may be. (4) The state shall provide free legal defence to the people who do not have the means of doing so themselves.”

“The most recent data from 2017 from the Ministry of Justice and Constitutional Affairs shows that the provision of legal aid services significantly increased from 2,199 clients in 2016 to 22,391 in 2017. An important challenge in this context is the capacity limitations of judges, lawyers and paralegals, which the Ministry of Justice and Constitutional Affairs is addressing through training and capacity building.

The Federal Government of Somalia has taken deliberate steps to ensure that cases brought before courts proceed efficiently and in a timely manner. As such, the first phase of the implementation of the Case Management System in Somali Courts has improved case handling, record keeping, and control over movement of case files and accelerated the process based on good practices. For example, the introduction of the case management system in regions such as the Federal Member State of Puntland is a positive sign for the expansion and roll out of the system to district courts. Data show that in the Federal Member state of Puntland between January and March 2017, two courts in Gardo and Garowe registered 86 new cases (59 criminal, 27 civil), 63 cases registered at first instance court and 23 in the appeal court. This data is only for two regions, Nugaal and Karkaar, where the case management is active.

Violence, Disease, Overcrowding, and Decay

In Somalia like in many countries in the world, unchecked outbursts of prison violence frequently violate prisoners’ right to life. There have been cases where prisoners lose their lives as a result of violence within the prison wall, for which many prison administrations including those in Somalia have promised reforms, and an extensive investigation of the incident’s causes.

The most common cause of death in prison is disease, often the predictable result of severe overcrowding, malnutrition, unhygienic conditions, and lack of medical care. Preliminary and unpublished research by Organization for Prisoners’ Rights shows that inmates held in the Somali prison institutions endure serious health hazards, including overcrowding, “appalling” sanitary facilities, and a shortage of medical staff. Similarly tuberculosis continues its comeback and several inmates have died of tuberculosis in the Somalia’s prisons.

In Mogadishu, the disease, including drug resistant strains, has reached epidemic proportions. AIDS also plagues many prison populations. Inadequate supervision by guards, easy access to weapons, lack of separation of different categories of prisoners, and fierce competition for basic necessities encourage inmate-on-inmate abuse in many penal facilities. In extreme cases — as in certain Somali prisons with one guard for every 150 prisoners, Rape, extortion, and involuntary servitude are among the other abuses frequently suffered by inmates at the bottom of the prison hierarchy.

Besides corruption, physical abuse by guards is a chronic problem. Somalia continues to permit corporal punishment and the routine use of leg shackles, and chains. The heavy shackles, and chains used in Somali prisons, turn simple movements such as walking into a painful ordeal. In many prison systems, unwarranted beatings are so common as to be an integral part of prison life. Women prisoners are particularly vulnerable to custodial sexual abuse. In the aftermath of prison riots or escapes, physical abuse is even more predictable, and typically much more severe. Overcrowding prevalent in almost every prison in Somalia is at the root of many of the worst abuses. The problem is often most severe in smaller pretrial detention facilities, where inmates are packed together with no space to stretch or move around. In the Al Shabab controlled areas, where a large proportion of the country’s approximately 120,000 detainees are held, overcrowding is so acute as to be life-threatening. In Somalia, even large prisons are crowded far beyond their capacity.

The Central Prison in Mogadishu, for example, holds over ten times the number of prisoners it was built to hold. The Central Prison in Mogadishu was built during colonialism, exemplifying another common problem: that of old, antiquated, and physically decaying prison facilities. Nineteenth-century prisons needing constant upkeep remain in use in Somalia and in some countries, including the United States, Mexico, Russia, and the United Kingdom, although even many modern facilities are in severe disrepair due to lack of maintenance (HRW, nd).

In Somalia notably, many prisons lack a functional system of plumbing. But this is not only in Somalia, in Hong Kong, one of the most prosperous and technologically advanced places in the world, prisoners in some older facilities have to “slop out,” that is, to defecate in plastic buckets that they were periodically allowed to empty. In Venezuela, inmates in parts of some facilities do not even get buckets; they resort to defecating in newspapers that they throw out the window (ibid).

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.

Their specific failings might also be enumerated under the more detailed provisions of the UN Standard Minimum Rules for the Treatment of Prisoners (ibid). A widely known set of prison standards, the Standard Minimum Rules describe “the minimum conditions which are accepted as suitable by the United Nations.” Although the Standard Minimum Rules have been integrated into the prison laws and regulations of many countries, few if any prison systems observe all of their prescriptions in practice (ibid).

Contributors and Reviewers

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

The report was written by Organization for Prisoners’ Rights (OPR), with input from Ismail Mohamud Abukar, Head, Co-Founder and Researcher; Ahmed Mohamud Hussein, Board Member and Researcher; Abdirashid Hassan Abdi, editor and designer and; Osman Mohiadin Moallim (Shatah), Dr Teko Patrick Samson, Jibril I.M Handuleh, Amoud University and Fathiya Mohamed Abdullahi, Reviewers.

Abbreviations Used in This Report