UN opposes the dismissal of Chairman Baashe and issues a strong demand

Geneva (Caasimada Online) – Experts from the United Nations have called on the Somali government to reinstate the Chief Justice, Baashe Yuusuf Axmed, accusing him of intimidating judges at a time when there is a dispute regarding the terms of office of the president and parliament.

President Xasan Sheekh Maxamuud removed Baashe from office on November 4, the night before the Supreme Court ruled that the terms of office of the president and parliament had ended.

The court also announced that Baashe's removal from office was illegal and would have no effect. Two days later, on November 7, Xasan Sheekh participated in the swearing-in of Ibraahim Idle Suleymaan, who previously served as Chief Justice.

“We strongly condemn this blatant interference in the independence of the judiciary,” said Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers, and Ben Saul, the UN Special Rapporteur on human rights and the fight against terrorism.

In a statement issued from Geneva, the experts stated that the president issued the decree without any recommendation from the Judicial Service Commission and without approval from parliament.

They emphasized that a judge can only be suspended or removed from office if they fail to perform their duties or commit an act that renders them unfit for office. Such action, they stated, must follow a fair hearing and independent review.

Villa Somalia has cited complaints from judges, court staff, and lawyers related to the administration of justice as the reason for the dismissal.

However, the Supreme Court stated that the president had overstepped his constitutional authority, and that the dismissal was an attempt to obstruct the case that the court had been hearing regarding the extension of government agencies.

Ibraahim Idle Suleymaan was a legal advisor to the Justice and Unity Party of Xasan Sheekh during the Galmudug election campaign in July.

The government news agency SONNA reported on Thursday that Suleymaan, acting in the name of the Chief Justice, inspected the Banaadir Regional Court and the Appeals Court, and met with the judges working there.

Judges' Security

UN experts have stated that the government has deployed hundreds of security forces to the Supreme Court following its decision, to instill fear in the judges.

They added that seven judges had been stripped of their personal security and were prevented from traveling.

“We condemn the attempt to intimidate judges and the serious threats against their security. Their personal security must be restored immediately,” the experts said. “We call on the security forces to withdraw.”

Satterthwaite and Saul stated that international, African, and Somali laws guarantee the independence of the judiciary, including sensitive political cases.

They emphasized that judges must make their decisions independently, free from pressure, threats, or interference.

Experts also warned that an unregulated and contentious process of constitutional amendments, along with the absence of an independent judiciary, could undermine Somalia's efforts to combat terrorism and stabilize the country, while stating that Al-Shabaab poses a "very significant threat" to the nation.

“The legally appointed chairman, Baashe Yuusuf Axmed, must be reinstated, and his security, as well as that of all other judges, must be guaranteed,” they said.

A senior judge previously told Caasimada Online that Baashe was ordered to leave the courthouse. Baashe told reporters in Mogadishu on November 7: “I do not feel safe in the capital of my country.”

In an interview aired by Al Jazeera on Tuesday, Baashe stated that security forces had “militarily seized” the Supreme Court.

The African Judges and Lawyers Forum also called on Hassan Sheikh to reverse the dismissal.

The Somali Judges Forum, for its part, stated that Baashe's dismissal is in accordance with the existing interim system until the High Judicial Council is established. They also called for an investigation into credible allegations of intimidation against judges.