Case History: Guleid Ahmed Jama
In a letter dated 11 June 2016, Professor Adam Haji Ali Ahmed, the Chief Justice and Chairman of the Constitutional Court and High Judicial Commission of the Republic of Somaliland annulled the previous decision by the Minister of Justice of Somaliland terminating Mr Guleid Ahmed Jama’s licence to practice law.
On 16 May 2016, human rights defender Mr Guleid Ahmed Jama received notification from the Somaliland Minister of Justice and Judicial Affairs that his licence to practice law had been terminated.
Guleid Ahmed Jama is a lawyer and founder of the Human Rights Center (HRC), a human rights watchdog organisation in Somaliland. The HRC works on five different fronts including lobbying, advocacy, protection, monitoring and documenting, to promote respect for human rights in Somaliland.
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- 13 June 2016 : Guleid Ahmed Jama’s Licence to Practice Law reinstated
- 18 May 2016 : Guleid Ahmed Jama’s licence to practice law terminated
- 28 August 2015 : Criminal case against Guleid Ahmed Jama closed
- 7 May 2015 : Guleid Ahmed Jama released on bail
- 30 April 2015 : Human rights defender Guleid Ahmed Jama on hunger strike in detention
- 22 April 2015 : Detention and charges against human rights defender Mr Guleid Ahmed Jama
In a letter dated 11 June 2016, Professor Adam Haji Ali Ahmed, the Chief Justice and Chairman of the Constitutional Court and High Judicial Commission of the Republic of Somaliland annulled the previous decision by the Minister of Justice of Somaliland terminating Mr Guleid Ahmed Jama’s licence to practice law.
Guleid Ahmed Jama is a lawyer and founder of the Human Rights Centre (HRC), a human rights watchdog organisation in Somaliland. The HRC works on five different fronts including lobbying, advocacy, protection, monitoring and documenting, to promote respect for human rights in Somaliland.
In his letter, Professor Adam Haji Ali Ahmed acknowledged the 21 May 2016 letter signed by the Minister of Justice and Judicial Affairs of the Republic of Somaliland, M. Ahmed Farah Adarre. Citing the authority of the Advocates Licensing and Disciplining Commission (ALDC) in matters regarding the licensing of lawyers in Somaliland, the Chief Justice annulled the revocation of the human rights defender’s licence. He provided five main reasons for his decision, primarily the fact that, according to Article 3 and 16 of the Advocates Act (Law No. 30/2004), the power of licensing, revocation and disciplining is vested in the ALDC.
Additionally, he stated that being a member of a human rights organisation or civil society organisation is not incompatible with being a lawyer. For this reason, he cited Article 2 of the Advocates Act (Law No. 30/2004) which enumerates those who are and those who are not entitled to practice law. Finally, the Chief Justice recognized, “...that advocates are a vital pillar in justice, and it is required that they shall be able to perform their tasks independently and with good standard of professionalism and ethics”. The Chief Justice’s letter marked the immediate reinstatement of Guleid Ahmed Jama’s licence to practice law.
Front Line Defenders welcomes the decision to reinstate Guleid Ahmed Jama’s licence to practice law. Furthermore, Front Line Defenders calls on the Somaliland authorities to guarantee in all circumstances that human rights defenders in the country are able to carry out their legitimate human rights activities, without fear of reprisals and free of all undue restrictions.
On 16 May 2016, human rights defender Mr Guleid Ahmed Jama received notification from the Somaliland Minister of Justice and Judicial Affairs that his licence to practice law had been terminated.
Download the Urgent Appeal (PDF)
A letter circulated to members of the Somaliland judiciary from the Minister of Justice and Judicial Affairs, Minister Ahmed Farah Adarre, requests that the judiciary cease to allow Guleid Ahmed Jama to practice law, as his position as chairperson of the HRC and his work as a lawyer are incompatible. Having not been informed of the request personally, Guleid Ahmed Jama obtained a copy of this letter on 16 May 2016, although it was dated 10 April 2016. The termination of the human rights defender’s licence by the Minister of Justice and Judicial affairs is unprecedented. The duty of licensing permissions falls within the mandate of the Advocates Licensing and Disciplining Commission.
According to the letter from the Minister of Justice, the termination of Guleid Ahmed Jama’s licence to practice law is directly related to his work as a human rights defender. Guleid Ahmed Jama has been advocating the case of Mme Saado Jaamac Aadan at the national level. Mme Aadan is a civilian who was arrested without a warrant and is being tried in a military court on charges of communicating and sending money to men who allegedly killed a police commander in the Saahil region. Mme Aadan has been held in the Hargeisa Central Police Station without access to legal representation, and the fact that her trial is scheduled to be held in a military court rather than a civilian court violates the Somaliland constitution. For these reasons, Guleid Ahmed Jama has been advocating her case to the Somaliland Minister of Justice, the Minister of the Interior and the Attorney General.
The termination of the human rights defender's licence to practice law appears to be part of a pattern of ongoing harassment against him. In April 2015, Guleid Ahmed Jama was arrested, charged and detained in Hargeisa while working in his capacity as a lawyer at Hargeisa Regional Court. He was accused of 'subversive or anti-national propaganda’, 'instigation to disobey the laws', 'intimidation of the public' and ‘publication or circulation of false, exaggerated and tendentious news capable of disturbing public order’. According to the Office of the Attorney General, the human rights defender had allegedly committed these offences through his work at the HRC. This case was later closed.
Front Line Defenders believes that the termination of Guleid Ahmed Jama’s licence to practice law is directly related to his work in the defence of human rights, in particular his advocacy for Mme Aadan after her arrest, charges, and detention without access to legal representation at the Hargeisa Central Police Station.
Front Line Defenders urges the authorities in Somaliland to:
1. Immediately and unconditionally reinstate Guleid Ahmed Jama’s licence to practice law;
2. Guarantee in all circumstances that all human rights defenders in Somaliland are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
On 26 August 2015 Hargeisa Regional Court issued a ruling closing the criminal case against human rights defender Mr Guleid Ahmed Jama. The Attorney General has a right to appeal this decision within 15 days.
Guleid Ahmed Hama was arrested on 18 April 2015 by order of the President of Hargeisa Regional Court, who accused him of insulting court judges. He was charged with 'instigation to disobey the laws', 'subversive or anti-national propaganda’, 'intimidation of the public' and 'publication or circulation of false, exaggerated and tendentious news capable of disturbing public order'. It is believed that these accusations were directly linked to the publication of the Human Rights Center's 2014 annual report, which documented human rights violations committed in Somaliland during the course of the year, as well as to an interview that Guleid Ahmed Jama gave to BBC Somali on the judicial system in Somaliland on 17April 2015, in which he suggested the need for reform within the justice system.
On 6 May 2015, Guleid Ahmed Jama had been released on bail from Hargeisa Central Prison pending trial.
On the morning of 6 May 2015, human rights defender Guleid Ahmed Jama was reportedly released on bail from Hargeisa Central Prison. Upon his release, Guleid Ahmed Jama was not brought before a court, or informed of the date of his future trial. The charges against him remain pending.
Guleid Ahmed Jama was arrested on 18 April 2015 by order of the President of Hargeisa Regional Court, who accused him of insulting court judges. He was charged with 'instigation to disobey the laws', 'subversive or anti-national propaganda’, 'intimidation of the public' and “publication or circulation of false, exaggerated and tendentious news capable of disturbing public order”. According to Guleid Ahmed Jama, these accusations are directly linked to the publication of the Human Rights Center's 2014 annual report, which documented human rights violations committed in Somaliland during the course of the year. Moreover, the Office of the Attorney General has specifically targeted the Human Rights Centre, with accusations of being an un-registered organisation. The Human Rights Centre has been legally registered as an organisation since 2013.
On 28 April 2015, human rights defender Mr Guleid Ahmed Jama began a hunger strike in Hargeisa’s Central Prison to protest against the Somaliland government's delay in issuing court proceedings.
On 20 April 2015, following his arrest two days earlier, Guleid Ahmed Jama appeared before Hargeisa Regional Court, where his case was remanded for seven days pending further investigation. To date, however, the human rights defender remains in detention and has not been brought back before a court.
The human rights defender is falsely accused of 'subversive or anti-national propaganda’, 'instigation to disobey the laws', 'intimidation of the public' and 'publication or circulation of false, exaggerated and tendentious news capable of disturbing public order'. These charges appear to be in relation to an interview that Guleid Ahmed Jama gave to BBC Somali on the judicial system in Somaliland on 17 April 2015. The interview was related to six death penalty executions carried out on 13 April 2015 in Mandera, a town east of Hargeisa. During the interview, Guleid Ahmed Jama suggested the need for reform within the justice system in Somaliland, and capacity building for the judges who handle such serious cases.
On 20 April 2015, human rights defender Mr Guleid Ahmed Jama appeared before Hargeisa Regional Court and was remanded for 7 days pending further investigation. He was subsequently transferred to the Hargeisa Central Prison, where he remains detained.
Guleid Ahmed Jama was arrested on 18 April 2015, at 9:00 am, whilst performing his daily activities as a lawyer at the Hargeisa Regional Court. The order of arrest was reportedly made by the president of Hargeisa Regional Court, who claimed that he had insulted court judges. On 19 April 2015, he was transferred from the Criminal Investigation Department (CID) where he was first detained following his arrest, to the Hargeisa Central Police Station.
The human rights defender faces criminal charges. He is accused of 'subversive or anti-national propaganda’, 'instigation to disobey the laws', 'intimidation of the public' and “publication or circulation of false, exaggerated and tendentious news capable of disturbing public order”. The Office of the Attorney General has accused Guleid Ahmed Jama of committing the above-cited crimes through his work at the Human Rights Centre, which they claim to be an un-registered organisation. The Human Rights Centre has been legally registered as an organisation since 2013.
Guleid Ahmed Jama's arrest comes after he provided an interview on the judicial system in Somaliland to the BBC Somali on 17 April 2015. The interview was related to six death penalty executions carried out on 13 April 2015 in Mandera, a town east of Hargeisa. During the interview, Guleid Ahmed Jama suggested the need for reform within the justice system in Somaliland and capacity building for the judges who handle such cases. In particular, the human rights defender criticised the decisions of judges to order the death penality when sentencing, without proper consideration of the facts of their cases.
