Somalia Rejects UN Criticism Over Chief Justice's Removal

Somalia's government has rejected criticism from UN human-rights experts over the removal of Chief Justice Bashe Yusuf Ahmed, calling the Supreme Court's ruling on President Hassan Sheikh Mohamud's term null and void. The Ministry of Justice and Constitutional Affairs stated that Ahmed's removal was lawful and followed the same transitional procedure used for his appointment. The government argued that the country's new constitutional framework is still being established, and the High Council of the Judiciary has not yet been formed.

The Ministry of Justice questioned the Supreme Court's jurisdiction, noting that the judges had not first determined whether they could hear the petition or whether the petitioner had standing. The bench was also improperly constituted without a public hearing. Somalia's government described the court's November 5 ruling, which declared extensions of the president's and parliament's terms unlawful and called for elections within 90 days, as "null and void and without legal effect".

UN human-rights experts had condemned the removal of Chief Justice Ahmed and the appointment of Ibrahim Idle Suleiman, saying the moves threatened judicial independence and urging Ahmed's reinstatement. The experts also alleged that hundreds of security personnel were deployed to the Supreme Court to intimidate judges, noting seven judges had lost personal security protection and faced travel restrictions.

Somalia's government accused the UN experts of publishing their statement without giving the authorities a chance to respond. The Permanent Mission in Geneva had asked for a formal letter outlining concerns but received none before the release. The government maintains that Ahmed's removal was necessary due to the country's evolving constitutional framework.

The Supreme Court's ruling had declared that the extensions of the president's and parliament's terms were unlawful, and called for elections within 90 days. However, Somalia's government has dismissed this ruling, citing the court's lack of jurisdiction and improper constitution. The government has not provided a timeline for the proposed elections.

The situation has raised concerns about judicial independence and the rule of law in Somalia. The UN experts' statement highlighted the importance of an independent judiciary in ensuring the country's stability and progress. The experts urged the government to respect the judiciary's autonomy and to ensure that the appointment and removal of judges are done in a transparent and lawful manner.

The developments in Somalia have also drawn attention to the role of the international community in promoting human rights and the rule of law. The UN experts' statement was a clear expression of the international community's concerns about the situation in Somalia. The government must balance its need to establish a new constitutional framework with its obligations to respect human rights and the rule of law.

Key points

• Somalia's government rejects UN criticism over Chief Justice Bashe Yusuf Ahmed's removal
• The Supreme Court's ruling on President Hassan Sheikh Mohamud's term is deemed null and void by the government
• UN experts condemn the removal of Chief Justice Ahmed, citing threats to judicial independence