In Somalia, a system of parliamentary immunity is protecting officials accused of human rights abuses, including enforced disappearances, arbitrary detention, and abuse. According to a report by African Arguments, this immunity is enshrined in the country's new constitution, signed into law by President Hassan Sheikh Mohamud on March 8, 2026. The constitution preserves the immunity of parliamentarians, effectively shielding them from prosecution for crimes committed while in office.
The officials who have benefited from this immunity include Yaasiin Cabdullahi Maxamuud, also known as Yaasiin Fareey, who served as head of the Banaadir regional directorate of NISA, Somalia's national intelligence and security agency. During his tenure, he was accused of enforced disappearances, arbitrary detention, and abuse, as documented by the Organization for Prisoners' Rights. Despite these allegations, he won a parliamentary seat and now sits behind parliamentary immunity, preventing his cases from moving forward.
Another official who has benefited from parliamentary immunity is Sadiq Cumar Xasan, also known as Sadiq John, who served as Commander of the Banadir Regional Police. In 2017, forces under his command attacked the private residence of Abdirahman Abdishakur Warsame, a prominent opposition figure, resulting in the deaths of five guards and injuries to Warsame. According to Somali media reporting, the attack was ordered by President Mohamed Abdullahi Farmaajo and Prime Minister Hassan Ali Khaire. Despite this, Sadiq John won a parliamentary seat and is now a sitting Member of Parliament.
Mahad Cabdiraxmaan Aadan, also known as Taliye Shub, commanded Somalia's prison forces under the previous administration and was accused of overseeing detention facilities where journalists were held without charge, human rights defenders were beaten, and civilians were subjected to conditions amounting to torture. He won a parliamentary seat in 2022 and remains a sitting Member of Parliament, despite reports that he is simultaneously involved in armed resistance operations.
In addition to those who committed abuses under the previous government, some military commanders and political leaders who opposed the government's illegal term extension during the 2021 Badbaado Qaran crisis have also won parliamentary seats and immunity. Colonel Cusmaan Xaadoole, who led fighting in Mogadishu during the crisis, and Mohamed Abuukar Cali, also known as Jacfar, who directed opposition activities in Howlwadaag district, are now sitting Members of Parliament.
The parliamentary immunity system in Somalia has significant implications for accountability and justice in the country. According to Ismail Abukar, author of the report, the system functions as a near-total shield for officials accused of human rights abuses, as the courts answer to political authority and the relationships that produced the violations also shape the institutions meant to investigate them.
The cases of those who have benefited from parliamentary immunity highlight the challenges of achieving justice in Somalia. With the country's new constitution preserving this immunity, it remains to be seen how the government will address the concerns of victims and their families, who have been denied a legal path to accountability.
Key points
- Officials accused of human rights abuses in Somalia are being shielded from prosecution through parliamentary immunity.
- The country's new constitution preserves this immunity, preventing cases from moving forward.
- The system has significant implications for accountability and justice in Somalia.
