THT-The Federal Government of Somalia has spent the past four years waging a war on federalism, on political pluralism and on democratic norms, but not on Al-Shabaab.
On 26 October 2021, I was convicted of espionage by a Somali court and sentenced to five years in prison. The court also ruled that Sahan Research, a thinktank I co-founded and now advise, will be banned in perpetuity from Somalia. Fortunately, I wasn’t present at the time or I would have been manacled, taken away to a cell and probably prevented from writing this article on my well-worn MacBook. But then, I wasn’t meant to be present in court, let alone arrested and incarcerated: I’d been declared persona non grata and banned from entering Somalia three years earlier. Relatively speaking, I was let off fairly easy. Somalis who cross the ruling cabal in the presidential palace, Villa Somalia, generally fare much worse. Since Mohamed Abdillahi Farmaajo took office as president in 2017, 12 journalists have been killed in Somalia, and in 2021 alone, dozens have been arrested, making the country one of the most dangerous places for media professionals across the globe. Prominent opposition politicians, including two former presidents, have been the targets of assassination attempts staged by government forces. Another has been detained since 2018 without charge or appearance before a court. The disappearance and alleged murder of a young female intelligence officer at the hands of her superiors ignited a national scandal that the government has aggressively quashed. The shoddy episode of judicial theatre that resulted in my conviction was never about espionage, national security or any of the other charges put forward by the prosecution. It certainly wasn’t about justice. And it wasn’t even about me. Like so many other things about the Somali Federal Government (FGS) headed by President Farmaajo, it was an exercise in smoke and mirrors: a way of distracting, deflecting, and deterring anyone who might dare to question, or even contradict, Villa Somalia’s grotesque version of the “truth”. For a start, there was virtually no attempt to create even the illusion of due process. The Attorney General filed charges with the Banaadir regional court, which has no jurisdiction to try cases involving federal crimes – crimes against the state – but which proved conveniently amenable to guidance from the presidency. Indictments were announced by press release and no summons were issued. When Sahan’s lawyer presented himself at the first hearing, he was asked to leave on the grounds that the court had already appointed defence counsel and his presence would only complicate things. The charges proffered by the prosecution alleged espionage and the revelation of state secrets, but in public the government insisted that Sahan published only lies – an assertion entirely at odds with the charge of revealing national secrets. Were we guilty of telling the truth (and too much of it) or lying? The government didn’t seem able to make up its mind. Either way, no evidence was presented in support of the charges, no witnesses were put forward, and no one ever bothered to record statements from the defendants. It was, in the truest sense of the term, a “show trial”. State Capture, Farmaajo Style The first lines in the script of this courtroom drama had been inked three years earlier during the lead up to elections in Somalia’s South West State (SWS), where a charismatic former Al-Shabaab leader, Mukhtar Roobow, had decided to run for president. Villa Somalia had thrown its weight behind a rival politician, Abdiaziz Laftagareen, and was incensed by Roobow’s candidacy: not because of his former jihadist affiliation, but because he commanded significant local support and would likely prove to be a strong and independent state leader. Farmaajo’s administration was in the early stages of a plan to dismantle Somalia’s nascent federal architecture and centralise all power in Mogadishu. To pursue that aim, he needed weak, pliable proxies in charge of each of Somalia’s Federal Member States (FMS). Villa Somalia made no secret of its opinion that Roobow didn’t fit the profile. Farmaajo’s inner circle, led by his intelligence chief, Fahad Yasin, decided to nip Roobow’s ambitions in the bud through a simple, brutish ruse: they convinced the commander of the Ethiopian AMISOM contingent in SWS to invite all presidential candidates to a security briefing on 13 December 2018 where Roobow was forcibly abducted and transferred to the custody of Fahad’s bureau: the National Intelligence and Security Agency (NISA) in Mogadishu. He has since remained in NISA custody without charge or appearance before a court. Roobow’s arrest triggered street protests for three days, which the police quelled with deadly force, killing 15 demonstrators, including a member of the state parliament. Some 300 more were arrested and detained without charge beyond the constitutional 48-hour limit. Baidoa’s police force was largely trained and paid for by international donors through a UN-supervised programme, for which Sahan served as third-party monitor. The police crackdown was widely reported in the media and by various monitoring groups, including Sahan, contributing to a decision by three of the programme’s donors to suspend their support. The Special Representative of the UN Secretary General (SRSG), a highly respected South African lawyer and diplomat named Nicholas Haysom, also expressed his concerns in the context of the UN Human Rights Due Diligence Programme, which governs support to security forces. Three days later the FGS declared him persona non grata (which, legally speaking, it cannot do to UN officials), and he was recalled from his post by UN headquarters. Were we guilty of telling the truth (and too much of it) or lying? The government didn’t seem able to make up its mind. Either way, no evidence was presented in support of the charges, no witnesses were put forward, and no one ever bothered to record statements from the defendants. It was, in the truest sense of the term, a “show trial”. Haysom’s expulsion achieved precisely what the FGS leadership had hoped it would: a chilling effect on much of the remaining diplomatic community in Mogadishu. If the SRSG could be sacked simply for doing his job, who else could possibly stand up to Villa Somalia and prevail? FGS officials, especially those involved in the security sector, from the president’s doltish National Security Advisor (NSA) all the way on down to dubiously qualified ‘technocrats’ in the Ministries of Internal Security and Defence (even those whose salaries were paid for by their donor counterparts) took the lesson to heart: browbeating and tantrums became their default behaviour in encounters with foreign colleagues.
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