Communication 803/22: Abdulrashid Abshir Warsame
v. The Federal Republic of Somalia
Summary of the Complaint:
1.
The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received the Complaint on 19 September 2022 from Abdulrashid Abshir
Warsaw (the Complainant) against The Federal Republic of Somalia (the
Respondent State).
2.
The Complainant submits that he is a Somali national and a diaspora member living
in Galkayo City, Mudug Region, Somalia. He further submits that he has legal
ownership of urban land in Galkacyo, which 'land grabbers' have seized and have
initiated illegal construction, allegedly depriving him of his right to property.
3.
The Complainant asserts that he has received no positive response despite his efforts
to seek assistance from domestic channels to halt the alleged illegal construction on
his land and protect his property rights. He further submits that despite the
constitutional recognition of the right to a fair trial and the international agreements
to which the Respondent State is a party, certain groups, and clan leaders appear to
operate above the law, enjoying impunity for violations of laws and human rights
abuses.
4.
He submits that in his case before the court, an individual (land grabber) has been
admitted as a witness against him even though there is a criminal case registered
against this individual by the Complainant, rendering him ineligible to testify in the
complainant's case. He further submits that despite this, the "land grabber's"
testimony has been deemed admissible in the court of law, contesting that this
decision violates his right to a fair trial.
5.
The Complainant avers that he was not treated with respect and honor in pursuing
his case as the court had reached out to clan members, whom the Complainant
described as his land grabbers, to verify the credibility of the information presented
by his lawyer. He indicated that this has been affecting his mental health and putting
him under immense stress.
6.
The Complainant submits that, in addition to being subjected to discrimination and
having his legal ownership deprived, he is also facing threats from the land r abber.
He asserts that the considerable power wielded by the land grab
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apparent impunity by state institutions pose a serious risk to his self'
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