Somalia Table of Contents
The constitution of 1961 had provided for a unified judiciary independent of the executive and the legislature. A 1962 law integrated the courts of northern and southern Somalia into a four-tiered system: the Supreme Court, courts of appeal, regional courts, and district courts. Sharia courts were discontinued although judges were expected to take the sharia into consideration when making decisions. The Siad Barre government did not fundamentally alter this structure; nor had the provisional government made any significant changes as of May 1992.
At the lowest level of the Somali judicial system were the eighty-four district courts, each of which consisted of civil and criminal divisions. The civil division of the district court had jurisdiction over matters requiring the application of the sharia, or customary law, and suits involving claims of up to 3,000 Somali shillings (for value of the shilling, see Glossary). The criminal division of the district court had jurisdiction over offenses punishable by fines or prison sentences of less than three years.
There were eight regional courts, each consisting of three divisions. The ordinary division had jurisdiction over penal and civil cases considered too serious to be heard by the district courts. The assize division considered only major criminal cases, that is, those concerning crimes punishable by more than ten years' imprisonment. A third division handled cases pertaining to labor legislation. In both the district and regional courts, a single magistrate, assisted by two laymen, heard cases, decided questions of fact, and voted on the guilt or innocence of the accused.
Somalia's next-highest tier of courts consisted of the two courts of appeal. The court of appeals for the southern region sat at Mogadishu, and the northern region's court of appeals sat at Hargeysa. Each court of appeal had two divisions. The ordinary division heard appeals of district court decisions and of decisions of the ordinary division of the regional courts, whereas the assize division was only for appeals from the regional assize courts. A single judge presided over cases in both divisions. Two laymen assisted the judge in the ordinary division, and four laymen assisted the judge in the assize division. The senior judges of the courts of appeal, who were called presidents, administered all the courts in their respective regions.
The Supreme Court, which sat at Mogadishu, had ultimate authority for the uniform interpretation of the law. It heard appeals of decisions and judgments of the lower courts and of actions taken by public attorneys, and settled questions of court jurisdiction. The Supreme Court was composed of a chief justice, who was referred to as the president, a vice president, nine surrogate justices, and four laymen. The president, two other judges, and four laymen constituted a full panel for plenary sessions of the Supreme Court. In ordinary sessions, one judge presided with the assistance of two other judges and two laymen. The president of the Supreme Court decided whether a case was to be handled in plenary or ordinary session, on the basis of the importance of the matter being considered.
Although the military government did not change the basic structure of the court system, it did introduce a major new institution, the National Security Courts (NSCs), which operated outside the ordinary legal system and under the direct control of the executive. These courts, which sat at Mogadishu and the regional capitals, had jurisdiction over serious offenses defined by the government as affecting the security of the state, including offenses against public order and crimes by government officials. The NSC heard a broad range of cases, passing sentences for embezzlement by public officials, murder, political activities against the state, and thefts of government food stocks. A senior military officer was president of each NSC. He was assisted by two other judges, usually also military officers. A special military attorney general prosecuted cases brought before the NSC. No other court, not even the Supreme Court, could review NSC sentences. Appeals of NSC verdicts could be taken only to the president of the republic. Opponents of the Siad Barre regime accused the NSC of sentencing hundreds of people to death for political reasons. In October 1990, Siad Barre announced the abolition of the widely feared and detested courts; as of May 1992, the NSCs had not been reinstituted by the provisional government.
Before the 1969 coup, the Higher Judicial Council had responsibility for the selection, promotion, and discipline of members of the judiciary. The council was chaired by the president of the Supreme Court and included justices of the court, the attorney general, and three members elected by the National Assembly. In 1970 military officers assumed all positions on the Higher Judicial Council. The effect of this change was to make the judiciary accountable to the executive. One of the announced aims of the provisional government after the defeat of Siad Barre was the restoration of judicial independence.
Somalia Table of Contents