On July 2014 a man named Ali BashiirNuur who claimed the ownership of land sued Mohamed Sheylilah Hassan who is one of the family members living in this land, Mohamed was representing 6 other families who lived in the same area. All of these families were from minority groups (unarmed clans) who are socially discriminated from the rest of the community. The size of this land is 40X20m2 located at section-4 of Abdiaziz district.
SWDC lawyers were handling this case and after long adjournmentthe court has finally dispatched a letter to the local government asking them to clarify which of presented land documents from both sides is correct. However, the concerned local government did not respond to the inquiry of the court,instead, they ordered illegally the police station and chairman of the district to demolish all buildings of the legitimate residents who could not get any chance to draw the attention (appeal) of the court to the case since the order of destruction did not come through the court but it has come from regional administration.
On the day of 5/04/2015, the police forces from police station of the “Abdi-Aziz” district, executed destruction of 7 family houses and injuring some of inhabitants when resisted. The incident took place at the residential area of disputed land, the police used bulldozers for clearing and cleaning the land forcing residents out who have lived in the area since 1962, although they had in their possession the taxation receipts of all years of their stay that illustrates the land was not privately certified property since that time.
It is worth mentioning that local government was tasked just to distinguish the right documents from forged ones. Besides, 5 survivors of male and female residents were injured who sought referral from the police station but the police refused to give referral since they were involved as perpetrators of violence.
After the incident occurred, we, as defending lawyers wrote petition letter that detailed the incident to National Attorney General Office.
On 18/04/2015 the attorney general office sent official letter to Central Intelligence Department (CID) to undertake investigation against this case and to arrest claimant of the land, following this order from AG, the CID sent another letter to CommanderMrAlooleyof Abdiaziz district police station ordering him to stop the destruction of this land and arrest of the claimant
The head commander told our lawyers that he will not follow this order since it came from CID and, as he said, he does not take orders directly from CID. He and his boss told our lawyers that CID should direct their communications to the commander of police in Benadir region MrMuqtar Hussein Afrah.
On 21st April 2015MrMuqtar received the letter coming from the CID, two days after, SWDC lawyers went to the office of the commander, however, he was not there and the lawyers asked whether response has been made based on the letter received from the CID. The lawyers tried to reach the commander’s phone to confirm if there is anything response but he never picked up.
On 25th April, SWDC lawyers including our Legal Adviser went to the office of Somali Police forces and met with the head of Somali police directorate. The lawyers also informed the commander all about the case story. The police directorate wrote another letter ordering the discontinuation of the land demolishing and the arrest of the claimant.
It is worth mentioning that some reliable sources informed our lawyers that this case is beyond “defending poor people” but there are higher profile political figures involving this case. Now the case is still on process at the court.
Therefore, SWDC is demanding justice for these poor/marginalized people of which SWDC would appeal to all concern parties locally and internationally that can do something about the plight to support those oppressed families in bringing the oppressors to justice so that the usurped land be restored to owners and to provide them urgent basic needs, shelter, food and other help.
For more information contact:-
Somali Women Development Center (SWDC)
Address: Jazeera St, Wadajir Mogadishu-Somalia
Tell: +252 615963125, +252 615830635