HRHF shares the joy with the East and Horn of Africa Human Rights Defenders Network (EHAHRD-Net) on receiving the news today that the three Haatuf newspaper journalists arrested 2 January have been released. The three; Yusuf Abdi Gabobe, right, Editor and Chairman, Haatuf Media Network, Ali Abdi Diini, Editor, Haatuf newspaper, and Mohamed Omar Sheikh Ibrahim, Haatuf newspaper correspondent in Borama, were arrested following accusations of defamation against Somaliland´s President Dahir Rayale Kahin, and his wife. (30-MAR-07)
 
Based on EHAHRD-Net´s general release, this article has been prepared for publication here by HRHF / Niels Jacob Harbitz. Photo of Sheikh: HRHF / Niels Jacob Harbitz.

In February, a delegation from the East and Horn of Africa Human Rights Defenders Project (EHAHRDP), led by the Chairperson, Hassan Shire Sheikh, flew to Somaliland in an attempt to assess the journalists´ situation, and to lobby for a fair trial in line with national legal provisions, regional and international standards. Despite all the efforts, the journalists were on March 2nd 2007 sentenced to jail terms ranging from two, to two years and four months in prison. The license of Haatuf newspaper was revoked and the Haatuf media Network was fined 5 Million Somaliland Shillings (estimated US$ 800).
 
Hassan Shire Sheikh 100.jpg-Press freedom is a universally recognised human right
-Whereas the Network welcomes this good news, we wish to remind the Somaliland authorities that Press freedom is a human right recognised by regional and international human rights legislation. This freedom must therefore be respected and upheld, says Hassan Shire Sheikh, right, Chairperson of EHAHRDP/Net. EHAHRD-Net greatly recognises the role played by the media not only in Somaliland, but the sub-region as a whole in ensuring good governance and democratisation, by holding authorities accountable for their actions. As such, all governments in the sub-region have an obligation to respect and support the role played by the media and establish enabling laws that do not infringe on the freedom of expression.  
 
Background
Yusuf Abdi Gabobe, Ali Abdi Diini and Mohamed Omar Sheikh Ibrahim had been detained since January 2nd, 2007, while the fourth journalist, Mohamed Rashiid, was tried in absentia. The charges were brought over a series of articles published in the Haatuf newspaper between November 2006 and January 2007, alleging corruption and nepotism by the Somaliland Government. Due to a decision by the Somaliland Supreme Court, the four journalists were convicted under Somalia’s 1962 Penal Code, exposing them to criminal charges despite the existence of a press law that had been passed in 2004, providing measures for civil redress. The EHAHRDP Mission to Somaliland observed that the Somaliland authorities had violated their own national legislation in several instances:
 
First, the journalists were arrested and their media house searched without a warrant; secondly, despite the existence of a press law that came into force in 2004, holding measures of civil redress, the Supreme Court went ahead to rule for the application of the Penal Code dating back to the 1960s, exposing the accused to criminal charges; thirdly, the transfer of the detained journalists to Mandheera prison wrongly removed the accused from the jurisdiction of the Hargeisa court; fourthly, on the day of their trial, proceedings started without the presence of the defence lawyers, which constitutes a breach of court procedures; fifthly, upon the reading of the verdict, new charges appeared, among them those against the Haatuf Media Network, which had not been accused earlier, and therefore, had no legal representation. In addition, Yusuf Gabobe was found guilty of having resisted arrest, a charge that had clearly been denied in the Deputy CID Commander’s testimony.
 
EHAHRD logo 100.jpgThe general conclusion was that the Haatuf journalists´ case was handled in a much personalized manner, and authority was abused to settle personal grievances. The journalists´ right to a fair trial was equally violated, reflecting negatively on the independence of the judiciary and the respect of the rule of law in Somaliland (Source; EHAHRDP Somaliland Mission Delegation. Additional editing by the Press Officer)
 
For further information, please contact:
Tumusiime Kabwende Deo
Press Officer
Mobile: +256-712-075721
 
Regional Coordination Office
EAST AND HORN OF AFRICA HUMAN RIGHTS DEFENDERS PROJECT (EHAHRDP)
Human Rights House, Plot 1853, Lulume Rd., Nsambya
P.O. Box 11027 Kampala, Uganda
Phone: +256-41-510263(general)/ext.112 
          +256-41-267118(direct)
Fax: +256-41-267117
E-mail: ehahrdp@yahoo.ca, hshire@yorku.ca
Website: http://www.yorku.ca/crs/AHRDP/index.html