Capital punishment in Somalia

Last updated

Capital punishment is a legal criminal penalty in Somalia, a nation in East Africa. Legally sanctioned executions of the death penalty in Somalia are carried out by shooting, in accordance with the 1962 Somali Penal Code and the Military Penal Code. Sharia and Islamic tribunals are recognised in Somalia in parallel with the civil law: these would have the authority to order execution by other means, such as beheading and stoning. Since at least the start of the 21st century, all executions by such methods have been applied ad-hoc, without official sanction, by non-state insurgent militias, in the context of an unstable government, and the ongoing civil war in the country. A number of these extrajudicial executions have violated sharia legal principles and appear to have a conflict-related tactical aim of inciting fear amongst civilians. [1] Both officially sanctioned and extrajudicial executions by firing squad often occur in public. [2] [3]

Contents

Occurrences

In 2011 three soldiers were executed for murder by the Transitional Federal Government (TFG). The TFG had five executed in 2012, with a further person executed by Puntland authorities. Under the successor Federal Government of Somalia, another soldier was publicly executed by firing squad in 2013, one of 34 executions that year. [3] He had been convicted by a military court in the shooting death of a student. [4] In the wake of the high level of executions, the NGO Human Rights Watch noted in 2014 that not only were summary executions on the rise, but that military courts were inappropriately trying matters outside their jurisdiction. [5] The number of death penalties rose again in 2015, with at least 28 carried out. [3]

At least fourteen executions were carried out in 2016, [6] and the rate of executions rose to 24 in 2017, which human rights groups mainly attributed to military courts and the insurgent jihadist group al-Shabaab. The European Union requested that Somalia enact a moratorium on the death penalty as a result. [7]

The approximate numbers of executions that have occurred in Somalia, including in the semi-autonomous Puntland and self-declared independent Republic of Somaliland in the years 2018–2021 were reported by the Cornell Center. The numbers shown below are the minimum known executions, as there is uncertainty regarding whether all death penalties are recorded or disclosed: [3]

In 2022, the number of executions dropped sharply to six, a fall of 76 per cent compared to 2021. The number of death sentences passed on defendants during the year was approximately ten, down from at least 27 such sentences in 2021. [2]

See also

Related Research Articles

<span class="mw-page-title-main">Capital punishment by country</span>

Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the five countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.

<span class="mw-page-title-main">Abdullahi Yusuf Ahmed</span> Former President of Somalia (1934–2012)

Abdullahi Yusuf Ahmed was a Somali politician and former military officer. He was one of the founders of the rebel Somali Salvation Democratic Front (SSDF), as well as the Puntland state of Somalia, the latter of which he served as the first president. In 2004, Yusuf also helped establish the Transitional Federal Government (TFG), which he led as President of Somalia from 2004 until 2008.

<span class="mw-page-title-main">Somali Civil War</span> Ongoing conflict in the Horn of Africa

The Somali Civil War is an ongoing civil war that is taking place in Somalia. It grew out of resistance to the military junta which was led by Siad Barre during the 1980s. From 1988 to 1990, the Somali Armed Forces began engaging in combat against various armed rebel groups, including the Somali Salvation Democratic Front in the northeast, the Somali National Movement in the Somaliland War of Independence in the northwest, and the United Somali Congress in the south. The clan-based armed opposition groups overthrew the Barre government in 1991.

Capital punishment is a legal penalty in Iran. The list of crimes punishable by death includes murder; rape; child molestation; homosexuality; drug trafficking; armed robbery; kidnapping; terrorism; burglary; incest; fornication; adultery; sodomy; sexual misconduct; prostitution; plotting to overthrow the Islamic government; political dissidence; sabotage; arson; rebellion; apostasy; blasphemy; extortion; counterfeiting; smuggling; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics, or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; capital perjury; recidivist theft; certain military offences ; "waging war against God"; "spreading corruption on Earth"; espionage; and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. In 2018 there were at least 249 executions, at least 273 in 2019, at least 246 in 2020, at least 290 in 2021, at least 553 in 2022, at least 834 in 2023, and at least 901 executions in 2024. In 2023, Iran was responsible for 74% of all recorded executions in the world, with the UN confirming that at least 40 people were executed in one week in 2024.

<span class="mw-page-title-main">Islamic Courts Union</span> Somalian legal and political organization (2000–2009)

The Islamic Courts Union was a legal and political organization founded by Mogadishu-based Sharia courts during the early 2000s to combat the lawlessness stemming from the Somali Civil War. By mid-to-late 2006, the Islamic Courts had expanded their influence to become the de facto government in most of southern and central Somalia, succeeding in creating the first semblance of a state since 1991.

<span class="mw-page-title-main">Transitional Federal Government of Somalia</span> Government of Somalia from 2004 to 2012

The Transitional Federal Government (TFG) was internationally recognized as a provisional government of the Somalia from 14 October 2004 until 20 August 2012, when its tenure officially ended and the Federal Government of Somalia (FGS) was inaugurated.

Capital punishment in Saudi Arabia is a legal punishment. Most executions in the country are carried out by decapitation (beheading). Saudi Arabia is the only country that still uses this method. Capital punishment is used both for offenders of lethal crimes and non-lethal crimes, as well as juvenile offenders. Among those executed are individuals charged with non-lethal terrorism, a charge that has been used against individuals who participated in protests against the authoritarian regime in Saudi Arabia.

<span class="mw-page-title-main">Puntland–Somaliland dispute</span> Territorial dispute in the Horn of Africa

The Puntland–Somaliland war is a ongoing war over the provinces of Sool, Sanaag and Cayn of Togdheer regions between the self-declared Republic of Somaliland and the Puntland state of Somalia.

<span class="mw-page-title-main">Stoning</span> Method of capital punishment

Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.

<span class="mw-page-title-main">2009 timeline of the Somali Civil War</span>

The 2009 timeline of events in the Somalia War (2006–2009) during January 2009 is set out below. From the beginning of February the timeline of events in the Somali Civil War (2009–present) is set out following the conclusion of the previous phase of the civil war.

<span class="mw-page-title-main">Somali Civil War (2009–present)</span> Ongoing conflict in the Horn of Africa since 2009

The Somali Civil War (2009–present) is the ongoing phase of the Somali Civil War which is concentrated in southern and central Somalia. It began in late January 2009 with the present conflict mainly between the forces of the Federal Government of Somalia assisted by African Union peacekeeping troops and al-Shabaab militants who pledged allegiance to al-Qaeda during 2012.

<span class="mw-page-title-main">2011 timeline of the Somali Civil War</span>

This is a 2011 timeline of events in the Somali Civil War (2009–present).

Being involved in the illegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs, constitutes a capital offence and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are also extrajudicial executions of suspected drug users and traffickers in at least 2 countries without drug death penalties by law: Mexico and Philippines.

Capital punishment is a legal penalty in Nigeria.

<span class="mw-page-title-main">Capital punishment for homosexuality</span>

Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.

Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy not involving force, perjury causing execution of an innocent person, prostitution, sorcery and witchcraft, theft, treason and espionage. In addition to civilian treason and espionage, often considered capital crimes against the state where the death penalty is retained, military laws frequently ordain execution for serious offences, including in jurisdictions where capital punishment is illegal or obsolete under civilian law.

<span class="mw-page-title-main">Freedom of religion in Somalia</span> Overview of religious freedom in Somalia

Freedom of religion in Somalia refers to the extent to which people in Somalia are freely able to practice their religious beliefs, taking into account government policies, non-state actors, and societal attitudes toward religious groups. Due to the Somali Civil War, the enforcement of laws pertaining to religion by the various autonomous governments in the region is inconsistent.

Capital punishment remains a legal penalty for multiple crimes in The Gambia. However, the country has taken recent steps towards abolishing the death penalty.

Capital punishment in Myanmar is a legal penalty. Myanmar is classified as a "retentionist" state. Before 25 July 2022, Myanmar was considered "abolitionist in practice," meaning a country has not executed anyone in the past ten years or more and is believed to have an established practice or policy against carrying out executions. Between 1988 and 2022, no legal executions were carried out in the country. In July 2022, four democratic activists, including Zayar Thaw and Kyaw Min Yu, were executed.

References

  1. ↑ Reported by the Cornell Center on the Death Penalty Worldwide:
    • "Country reports — Somalia", Death Penalty Worldwide Database, Cornell Law School, 24 December 2019 [Updated May 2023], archived from the original on 30 June 2023, retrieved 6 August 2023
    • "Country reports — Somalia", Death Penalty Worldwide Database, Cornell Law School, 12 June 2019 [Updated], archived from the original on 17 June 2019
    • "The Death Penalty in Somalia", Death Penalty Worldwide Database, Cornell Law School, August 2014 [Updated], archived from the original on 30 October 2014, retrieved 2 January 2018
  2. 1 2 Amnesty International (2023), Death Sentences and Executions 2022: Global report (PDF), Index: ACT 50/6548/2023
  3. 1 2 3 4 Cornell Center on the Death Penalty Worldwide (24 December 2019) [Updated May 2023], "Country reports — Somalia", Death Penalty Worldwide Database, Cornell Law School, archived from the original on 30 June 2023, retrieved 6 August 2023
  4. ↑ "Somalia soldier executed in Mogadishu over pupil murder". BBC News. 6 January 2014.
  5. ↑ Laetitia, Baeder (25 August 2014). "Summary executions in Somalia". Al Jazeera . Human Rights Watch . Retrieved 2 January 2018.
  6. ↑ "Death sentences and executions in 2016". Amnesty International. 11 April 2017. Retrieved 2 January 2018.
  7. ↑ Hassan, Mohamed Olad (15 May 2017). "Executions Increase in Somalia". Voice of America . Retrieved 2 January 2018.

Further reading


Africa icon.png

This article relating to the law of Africa or of an African country is a stub. You can help Wikipedia by expanding it.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.