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Somaliland FM requests U.S. to extradite alleged War Criminal

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Somaliland Minister of Foreign Affairs, Mr. Abdullahi Duale is believed to have asked U.S. officials for the extradition of the former Somali Prime Minister, Gen. Mohammed Ali Samantar on charges of war crimes in Somaliland in the 80s and early 90s.

 

In a meeting in the Ethiopian capital, Addis Ababa, Mr Duale is believed to have asked Mr. Karl E. Wycoff, Deputy Assistant Secretary (Acting), to extradite the former Somali official to Somaliland to face justice.

 

Ali Samatar served as Defense Minister from 1980 to 1986, and as Prime Minister from 1987 to 1990, when the military regime collapsed.

 

In 1980s, Somalia’s military junta led by Mohammed Siad Bare and Gen. Mohammed Ali Samatar hired Rhodesian mercenaries to bombard Somaliland’s three major towns – Hargeisa, Burao and Berbera, an estimated 50, 000 were killed and more than 800, 000 people were forced to leave their homes. Many of these refugees fled to neighbouring Ethiopia.

 

Those who survived the bombings or the deliberate starvation were often rounded up, tied together using barbed wires and gunned down from a point-blank range. If that method was not cruel enough, they would often tie them together in barbed wires, bulldozed and were left to rot in the streets.

 

Mohamed Ali Samatar who now lives in the Virginia area under the name of Samatar Ali is being sued in a civil court. However before the case can move to civil court the Supreme Court of the United States has to decide if a head of “sovereign“ can be sued.

 

Center for Justice and Accountability (CJA), whom the civil suit is filed under insist that Mr Samatar is no longer head of state and that immunity under the Foreign Sovereign Immunities Act does not apply to him as an individual but only foreign states.

 

Mr. Samatar’s legal team insist he was not directly involved but army generals who served under him at the time have came out this week claimed he gave direct orders to target civilians in the north of the country.

 

The Supreme Court is expected to weigh in on the issue and could hand down a ruling in the early summer.

 

Somaliland delegation consisting of government and Parliamentary officials led by Mr Abdullahi Duale are due to arrive in Washington the coming days.

 

No one knows if the Americans will hand him over but it’s highly not possible.

 

In another development, Mr. Duale met with the Ethiopian Foreign Minister, Mr. Takeda Alemu, the two discussed ways to strengthen ties in the fields of economy, security and longstanding bilateral relations.

 

They have also discussed about rehabilitating the roads connecting the border town of Wajale to the port of Berbera and how the two states could work together in a true partnership.

 

Mr. Duale also met with the new Ethiopian Ambassador to India and the two discussed how Ethiopia could assist Somaliland to develop ties with India. India considers Ethiopia one of it’s most important partners in Africa and in recent years number of scholarships India offers to Ethiopia has more than doubled.

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Baashi   

A misplaced request!

 

Inna Cali Samatar is sued by CJA representing Somali natives not secessionist operatives. The fact that secessionist would want to highlight their political case in this highly visible legal case is understandable though smile.gif But believe me awoowe this case is way beyond Inna Cali Samatar and his accusers. The case is about TVPA vs. FSIA and by extension a proxy legal wrangling between Neocons as well as Zionists who would want to avoid persecution against Israeli officials and American military personnel that commit torture and other inhumane acts in the name of "war against terrorism" AND liberal movements and Human Rights' groups.

 

Inna Ducaale should know better. This drama is outside his usual class smile.gif Awoowe the man is punching above his weight as they say in boxing match lol The province he represents is a recovery zone within Somali proper. It’s stating the obvious I know but probably worth repeating: awoowe in the absence of legitimate and inclusive central government, international community and regional actors encourage existing recovery zones and struggling TFG weaklings to discharge essential state duties. That’s all! It is in this capacity that Inna Ducaale and his likes including TFG representatives meet foreign officials and are welcomed in national capitals. He is in no position to make requests of this magnitude.

 

Moving on..

 

The case against Inna Cali Samatar brought by -- Somali natives now naturalized American citizens – is an interesting and probably legitimate case for sure. Interesting because the amount of excitement the case generated and the far reaching implication the verdict will have on American policy makers is enormous. Legitimate because victims with this much courage to go this distance must have suffered and should have their day in court. After all he is the highest ranking member of the military junta that ruled Somalia during the civil unrest they can find and sue. He was second in command – no small matter.

 

His safest path to win the case is to argue that the accusers belonged to rebel movement waging a proxy war from enemy state’s territory in a bid to destabilize Somali state and they were dealt with as such with caveats such as I don’t know the specifics of their case and I have not ordered any torture against any Somali subject. Since there is no circumstantial evidence incriminating him the case will probably rest on domestic considerations that have nothing to do with the justice the victims are seeking.

 

The case is supported by:

Human Rights Watch

Amnesty International

Darfur Groups

Holocaust Survivors

Democratic Party’s liberal wing

 

The case is opposed by:

Neocons

Republican conservatives

American Association of Jewish Lawyers and Jurists

 

US Government’s solicitor general argues that the decision of what to do with these kinds of cases should be left to Executive Branch – read State Department should have flexibility to disguise the apparent double standards it exercises when it comes to cases against Israeli and American transgressions.

 

I for one want victims to win this case so that Gaza, Guantanamo as well as Abu Ghureib victims can have the legal tools to prosecute their tormentors.

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Qudhac   

this can be way out for the americans too, as they dont have to open can of worms they can just claim he is no longer welcomed in US and deport him to somaliland like they did with the guamtamo prisoners :D:D:D

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B   

He would be lynched if the case was heard in hargesia. Can we seriously expect that he will have a fair access to justice? Will there be due process? I think this case would be prejudiced if it was heard in hargeisa, because of position of the Somaliland authorities. Despite this, it should be heard in hargeisa, only with the support of United Nations tribunals for ex-war criminals.

 

I do admire the ambition of Somaliland authorities. This is positive.

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NGONGE   

^^ There is no reason to believe that this story is true. It is 'waxa la yedhi' but in English. All the 'it is believed' and it is 'understood' that so and so spoke to the Americans, etc. :D

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The Zack   

Benson, if he is deported to hargeisa he will live in the madaxtooyada, remember his former employee is in charge. Plus most of the admin members in that state are ex-kacaankii guulwadayaal. Some people would make a lot of noise but he won't be touched.

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Peacenow   

He is not going to get a fair trial in Somaliland. Therefore he should not be sent. The SL people are just playing to domestic audience and curry favour for the elections. No justice here. There is not proper law in SL yet.

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Jacpher   

Too much marqaan.

 

Ali Samater is not a convicted criminal and all the crimes are mere allegations at this stage. There is no such a country as Somaliland that US recognizes or any extradition treaty between the two. No such thing exist. As others said, his argument is that he was defending the nation from rebel threats. If he were to face deportation, he would be handed over to TFG in Moqdisho, not Somaliland which would be a foreign country to him if recognized.

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