Thursday, June 28, 2012

Fighting Crime in Mogadishu

Mogadishu may no longer be the most dangerous city in the world, but crimes are still committed there.  Someone has to prosecute the offenders.

Hassan Abdinur Abdirahman, a young Somali prosecutor, is in his early thirties.  Abdirahman is a tall, quiet man, who is one of nine all-male lawyers employed by the office of the Attorney General in Mogadishu. They are assisted by five staff members.

“I know that the number of prosecutors is too small for a city of over one million people,” says Abdirahman sheepishly. “We need more prosecutors.”

Indeed, Mogadishu needs more police officers, more social workers, and, of course, more prosecutors to stem its rampant crimes. However, the types of crimes committed in the city are odd given the city’s reputation as a place where no one would spend a vacation. 

“My office prosecutes mostly two major crimes: rape and property crimes,” asserts Abdirahman. In May alone, according to Abdirahman, approximately 86 rape cases were prosecuted.

The rise of rape crimes in Mogadishu has to do with the thousands of Somalis who fled to the city last year due to severe droughts. The city raised tents in the bushes to house and feed the refugees. Many international relief agencies came to Mogadishu to help. According to Abdirahman, many refugee women became vulnerable and defenseless due to the location of these camps.

“Women have become targets of well-armed men, who prey on them,” says Abdirahman. Unfortunately, some of these offenders are members of the Somali army.

The large number of the refugees in the capital is confounding, maintains Abdirahman. “In reality, there are many Mogadishu residents who claim to be refugees in order to get help,” says Abdirahman. “There are some who even own three or four houses who still masquerade as indigent.” The Non-Governmental Organizations (NGOs) are aware of the problem but cannot do much about it. To the prosecutors, the camps have become a fertile ground for men to commit rape against women.

“Recently, we had a sad case that our office prosecuted,” adds Abdirahman. “A 10-year old girl was gang-raped by six men.” Many of the offenders commit rape crimes while they are high on Khat, a mild stimulant drug prevalent in East Africa.

Abdirahman and his office have noticed a spike in the rate of property crimes. After the radical group, Al-Shabab, was forced out of the city several months ago, the city experienced relative peace.  Normalcy returned to the city, and business began to boom. With the relative peace, however, came an influx of many Somalis in the diaspora returning home and reclaiming their properties. When the civil war started in Somalia in 1991, thousands of people left their homes and settled in many parts of the world. Their return, in many instances, has opened old wounds.

“Some of the dwellers of these properties do not want to turn them back to their legitimate owners,” states Abdirahman. They want monies ranging from $20,000 to $30,000. The dwellers sometimes bring their own ‘documents’ that they claim establish their rightful ownership of the very properties that they are living in.

“We had a case of one man who said he owned the house he was living just because he had lost six children during the civil war,” notes Abdirahman.

The most well-known case involves Adan Buulle, a member of the Somali parliament, who was killed while reclaiming his home. Buulle was asked to pay money to get his property back but declined.

Abdirahman explains that land disputes are the most contentious because they involve politics. Some of the dwellers call members of the armed forces to defend them or to intervene on their behalf. Moreover, judges are reluctant to enforce judgments even if the cases go to trial. “Judges are fearful due to the immense political pressure on them,” states Abdirahman. One judge survived being shot eight times.

Most often, according to Abdirahman, people resolve their disputes quietly. Only when conflicting documents and deeds are presented does the government get involved. “Falsification” is the main charge, says Abdirahman.

Those who are charged with, or convicted of, a crime are housed in the Central Prison commonly known as “Kaalshiro.” This old Italian-built detention center houses about 900 inmates. As of May 27, according to Abdirahman, 68 prisoners there had not yet been sentenced. Last year, Hassan Mohamoud “Hassan Jaamici,” a Somali imam, attorney, and part time law professor in Minneapolis, visited and found the condition of the prison deplorable.

“Cooking utensils were old and unhealthy,” said Mohamoud who raised funds for purchasing new cookware. Mohamoud also met with prison officials, inmates, and the prosecutors like Abdirahman.

“There are still issues of people who are in detention without charges ever being brought against them,” said Mohamoud. “Many do not even get the proper legal representation that they deserve.”

Technically, a detainee cannot be detained for more than 24 hours without being charged. There are exceptions.  The Mayor of Mogadishu, for instance, can request a detainee be held indefinitely until his case is further investigated by the authorities. There are, of course, no legal grounds for such detentions. In most such cases, the people have been accused of being terrorists or spies for Al-Shabab.

Abdirahman is grateful that Mogadishu is becoming more peaceful and stable. “This means more safety for the city’s residents and less crimes for people like me to prosecute,” he says with a smile.






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