Press Release

H.E. Mr. Kofi Annan
Secretary General
United Nations
One UN Plaza
10017 New York, NY
USA.

H.E. Mr. José Manuel Barroso,
President (-designate) Commissioner
European Commission
Rue de la Loi 200
B-1049 Brussels, Belgium.
Jose-manuel.barroso@cec.eu.int

18 November, 2004

Dear Gentlemen:

I am pleased to present to you my deepest concern with the "Search for Justice and Truth" of my people, the Somalis, devastated by years of living under colonialism, brutal dictatorship and merciless civil war.
The outcomes of "The Somali Peace and Reconciliation Conference" hosted by Kenya and sponsored by the UN and EU with IGAD being the mediator, ignored to include the most important element that the Somali civil society hoped for: "Justice".

On October 10, 2004 the newly formed Parliament composed mainly of "Warlords & Co." and in turn elected Mr. Yusuf, as the president of the Transitional Federal Government of Somalia (TFG). The warlords and their factions are the very same people who rob, oppress and kill mercilessly my people, The Somalis.

Centuries ago the great Afro-American abolitionist, Frederick Douglas wrote:

"Where justice is denied, where poverty is enforced, where ignorance prevails,And where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe".

In line with Douglas’s’ concept, the Somali people, living abroad and within the country, are taking steps in resolving the issue of IMPUNITY. We all are aware of the facts that crimes against humanity and those committed against unarmed civilians are erga omnes. The EU and the UN have unanimously reaffirmed in 1998, the notion of erga omnes in calling upon each sovereign nation to apply the fundamental obligations to bring justice at the national level of those responsible for crimes against humanity: "to put an end to impunity for the perpetrators of these crimes" (Rome Statute of the International Criminal court, Preamble paras 4-6).

Some members of the Somali society have begun to express their "grief" into many different ways.
Meanwhile other NGOs, mainly the Somalis in the "diaspora" are seeking non-violent approaches to deal with the question of "impunity" and this group is seeking vigorously to campaign in getting access to the Judicial systems elsewhere. These committees are also soliciting "pro-bono publico" services from high calibre lawyers/jurists from democratic societies such as USA and UK.

Presently, two major cases against "impunity" have been launched and we are awaiting the verdicts:

• Murder case against Abdullahi Yusuf, (president of a new Somali Transitional Federal Government) vs. Family of Sultaan Hurre. The case is filed under British "jurisprudence" in which the defendant Mr. Yusuf is accused of masterminding the murder of Sultan Hurre. It is reported and it is also well documented as well that the defendant has admitted the fact that his bodyguards (superior-subordinate relationship) killed the Sultan (Case NO: HQ02X03221). Sultan Hurre was a British citizen; this gave the Upper House in the UK the legal attempt to call the defendant to be present at the trial in the UK territory (between February - May 2005).

Which implies that Mr. Yusuf cannot perform his duties as Commander-in-Chief of the TFG in Somali territory.

• Charges brought by plaintiffs of Former Somali Prime Minister and Military Officers, of Siyad Barre regime, who face lawsuits in U.S. Court (VA) for Torture, Murder, and Crimes against Humanity under the "Doctrine of Command Responsibility". The case is submitted by Center for Justice and Accountability http://www.cja.com and Coolly Godward, LLP on pro-bono publico.

Moreover, the "Pinochet" case has thought many of us, Africans, that they are alternative ways to deal with impunity and seek justice elsewhere.

Dear Gentlemen, my husband and I have both worked/still are working for your great institutions. I also admire the common dedication of the EU and the UN to the three universal principles that my family life is based upon: Truth, Justice and Charity.

I would like to conclude this note and draw to your attention and perusal:

• Assisting the Somali people in the pursuit of Justice and Reconciliation by not granting too much international recognition to the warlords, and.

• Appointing a UNHCHR Special Reporteur for Somalia

We, the newly founded "Somali Committee Against Impunity" (SCAI) will welcome the opportunity to work with your and will monitor that the gross violation of human rights have no place in our humanity.

Truly Yours,

Amina Abdi Mohamud
Founder & Director, SCAI
(Former UNDP staff member)
Waterloo, Belgium
DonnaSomala@yahoo.com

Cc. All concerned National and International Partners & Press