🔗 Share this article

A female is presently facing execution in Somalia after being found guilty of murdering a 14-year-old girl in her custody.

The tragic death of orphan Saabirin Saylaan in November, and the gruesome details that came to light about the conditions surrounding her death, sparked demonstrations near her home in Galkayo, along with renewed demands for stronger child protection.

The tragedy struck a chord in a country where child abuse often remains hidden, especially when it takes place inside clan households.

For many, Saabirin's death epitomised a wider shortcoming in child protection and the delayed enforcement of legal protections meant to prevent such atrocities.

An Uncommon Judgment

The guilty verdict of 34-year-old Hodan Mohamud Diiriye for murder marked one of the infrequent instances in Somalia where a court imposed the ultimate penalty for child abuse.

Diiriye had rejected the charges and her lawyer has lodged an challenge against the verdict.

Her husband, Abdiaziz Nor, 65, was acquitted of murder but given one year in prison and fined $500 for negligence.

A Tragic Upbringing

Saabirin was left parentless when both her parents died within a short period when she was just one year old.

Both of her grandmothers had also died so she was cared for by her late mother's aunt, who ensured she got an schooling and attended a classical Quranic school.

But her life took a devastating turn in September after Saabirin's great-aunt agreed that Diiriye's family, who required a domestic helper, could assume her care.

Proof of Maltreatment

During their investigation, police revealed that in the two months she was living there, the young girl had suffered "regular physical abuse" - she was beaten and tortured.

Proof recovered from Diiriye's phone, including recordings and audio recordings captured ongoing violence. Some of these were leaked to the public before the trial.

In one especially harrowing recording, Diiriye can be heard saying: "I'm enjoying your pain."

A autopsy of Saabirin's body showed multiple injuries and deep knife wounds consistent with sustained violence.

Community Anger

As details of the police investigation surfaced, public anger grew.

Many of women and young people demonstrated in Galkayo, carrying signs reading "We Demand Justice" and calling on the authorities to prosecute all those responsible.

They gathered outside the local hospital where her body was lying in the morgue.

Things got so tense that during one protest demonstrators clashed with police and a young man was killed by gunfire.

Online, young women and girls launched a wave of support movements, using hashtags citing Saabirin's name.

"No child should die like this," a tearful 18-year-old protester said in a clip shared on social media. "We also oppose the attempts by traditional elders who want to resolve this case through tribal agreements or behind closed doors."

This describes when elders from the families of those involved in a dispute intervene with the aim of avoiding revenge, rather than determine criminal guilt.

A Systemic Challenge

Child abuse in Somalia is often hidden within households, and extended families are customarily viewed as private spaces – where the state should not intervene.

Diiriye's trial and other related hearings were broadcast live on social media to foster public trust in the justice system.

A regional police commander said the verdict marked an significant moment in the pursuit of justice for the murdered teenager.

"The perpetrator is now only awaiting the carrying out of the death sentence. If further evidence emerges proving that other individuals were involved in this crime, they will not be spared, the law will be fully enforced to them as well," he said.

A director of a child rights organisation said that "the case highlights the deep gaps that still exist in safeguarding the most basic human rights of children in our society."

"Children continue to face violence inside family homes, and only the most severe cases ever reach the police," he added.

Legal Frameworks and Challenges

In the summer this year, police in the capital, Mogadishu, received a report that a three-year-old boy had been severely abused inside the home of his father's wife. The accused perpetrator was quickly arrested.

According to a assessment, three appalling acts of violence against children occurred in the country during October and November.

The head of a local women's association in Galkayo said the community was overwhelmed with cases of violence in the home, many of which never reach the courts.

On 1 October this year, Somalia's parliament approved the African Charter on the Rights and Welfare of the Child.

The long-standing charter details legal frameworks to prevent abuse, exploitation and violence against children.

Its provisions include:

• Outlawing all forms of child abuse
• Strengthening legal punishment for guardians who harm or neglect children
• Ensuring state responsibility for vulnerable and orphaned children
• And creating monitoring systems in schools, hospitals and communities.

But just three days later, a ministry issued a statement stating that the implementation of the charter would be in accordance with Islamic law, with provisions contrary to religious teaching not being enforced.

It said that Somali family rights was paramount and no external entity could override it.

Lax Implementation

A women's and child's rights activist contended that implementation of similar measures in Somalia remained weak.

The police lack the resources to deal with cases along with social services. Cases often get interfered with clan elders, which weakens the justice system and victims' voices are not heard, she said.

She notes that children were often did not know that they could speak out and many schools were not teaching them that they could disclose abuse.

"In many similar cases, both sides of the family reach a behind-the-door agreement and then inform the government that the matter has been settled," the activist said.

A official for the region's ministry of women's development denies that the authorities are neglecting in their responsibility to protect children.

She highlighted programmes to help youths and efforts to protect street children.

She did however admit that in cases like Saabirin's, it is sometimes challenging to intervene. She acknowledged that more should be done to increase understanding that people can speak out if they suspect that a child might not be safe.

"Every child has the right to be removed from any household in which they do not feel safe," the official said.

A Force for Conversation

Although Saabirin's life was ended too soon, her death is now compelling long-delayed conversations about child safety in Somalia.

But as the local community considers the verdict, some are uncertain if justice will be achieved in the long run.

"There is nothing to rejoice yet, we still need clarity," one of the young protesters said. "We don't want justice in words, we want to see it with our own eyes. We don't want delays."