GENEVA, Nov 12 (Horndiplomat) – United Nations experts on Thursday condemned the dismissal of Somalia’s Chief Justice Bashe Yusuf Ahmed, calling for his reinstatement and accusing the government of interfering with judicial independence during a dispute over presidential and parliamentary term extensions.
Ahmed was removed by presidential decree on Nov. 4, a day before the Supreme Court was due to rule on the constitutionality of measures extending the terms of the president and parliament from four to five years, the experts said in a statement released by the U.N. human rights office.
“We strongly condemn this blatant interference with the independence of the judiciary,” they said.
The experts said the dismissal bypassed constitutional procedures, including parliamentary approval or a proposal from the Judicial Services Commission. They also criticised the swearing-in of Ibrahim Idle Suleiman as Ahmed’s replacement on Nov. 7 at a ceremony attended by the president.
“His quick replacement, within days and without following legal procedures, undermines the rule of law,” they said.
Five Supreme Court judges proceeded with the case on Nov. 5, ruling that the term extensions were unlawful and that the mandates of both the president and parliament had expired, according to the statement. They ordered elections within 90 days.
The judges also ruled that Ahmed’s dismissal was unconstitutional and had sought to obstruct the court’s consideration of the extensions, the experts said.
According to the statement, the government refused to comply with the rulings and deployed hundreds of security personnel to the Supreme Court to disrupt its work and intimidate judges.
Seven Supreme Court judges had their personal security protection withdrawn despite risks to their safety and were barred from travelling, the experts said.
“We condemn the attempted intimidation of judges and serious threats to their security – their personal protection must be urgently reinstated,” they said. “We call on security forces to stand down.”
The experts said international, African and national law required judicial independence, including when courts adjudicate political disputes. Judges must be able to decide cases without pressure, threats or interference, they added.
They also pointed to previously raised concerns that contested constitutional reforms and the lack of an independent judiciary could undermine Somalia’s counter-terrorism and stabilisation efforts amid threats from Al Shabaab.
“The lawfully appointed Chief Justice Ahmed must be restored to office and his security and that of all other judges must be guaranteed,” they said.
