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The Zamzam case is a glaring reminder of the Kangaroo Court in which the rights of the accused and the precepts of justice are totally ignored. The detention and trial of Zamzam Ahmed Dualeh was not only unfair and irregular but demonstrated a serious flaw in a judicial system that is bankrupt and dysfunctional. A number of international human rights organizations such as Amnesty International, Human Rights Watch, Africa Rights and other concerned NGOs like the coalition for justice and peace in Somaliland have reacted strongly to condemn the arbitrary arrest and detention of Zamzam and codefendant Omar Jama Warsame without following the due process of the law. Serious questions have been raised about the legality of the arrest, the long detention of the accused in the Hergeisa Central Prison without trial, and above all the allegation of sexual violence, rape and torture committed by the CID police. Legitimate concerns have also been expressed about the poor performance of the trial judge who was professionally incompetent and lacked integrity. These are critical issues that need to be seriously addressed in the course of the trial to ensure that justice is served. There is however, a central question that constitutes the fundamental basis of the prosecutions case; that is whether Zamzam was involved in a conspiracy to murder the Vice President of Somaliland, as has been alleged. The fact that the government failed to provide sufficient concrete evidence to substantiate the allegation rendered the charge baseless and farcical to say the least. Indeed it would be absurd for a 17-year-old unarmed girl from the North East of Somalia visiting Hergeisa for the first time to have the capabilities and the level of sophistication to plan and execute a sensitive and major criminal operation such as assassination of the Somaliland Vice President. This is a rather ludicrous proposition, which defies human logic. No wonder this is the reason why the government prosecutor could not provide convincing evidence to prove its case at the preliminary stages of the trial. It was unfortunate that the court failed to conclude the proceedings of the case and had attempted to postpone it indefinitely. It was also a matter of profound regret and disappointment that the presiding judge ordered the imprisonment of the 4 defense lawyers who were the legal representatives of Zamzam. Zamzam's lawyers were finally sentenced to three-years and then reduced the sentence to one-year imprisonment in the Central jail of Hargaysa or 500,000 Sl. Sh. (the equivalent of $84.00) each for alleged contempt of court. This was a serious blunder on the part of the trial judge. Independent local journalist and observers who have been reporting on the trial have interpreted the judge's move as a ploy or delaying tactic to prolong the trial in order to give the prosecutor more time to prepare closing arguments to finalize the government case to avoid embarrassment. The undue extension of the trial indefinitely would be detrimental to the interests of the accused, as this would unduly lengthen their pain and suffering in detention at a critical time when they lack proper legal defense. By taking such a unilateral decision, the trial judge, in our view, has acted irresponsibly which raises ethical and moral questions about his impartiality and personal integrity. Obviously, Zamzam and her codefendant have suffered enough and can no longer wait! We strongly condemn the unfair judgment that Hargaysa's kangaroo court levied on the four defense attorneys. In addition, Zamzam should be acquitted without further delay. As a noted jurist once said, “justice delayed is justice denied.” As stated, we believe that the prosecution has no case and it is time for the court to act expeditiously and pronounce the immediate and unconditional release of Zamzam and codefendant, Omar. We also call for the reversal of the arbitrary judgment against the 4 defense lawyers all of whom have been released only after they paid 500,000 Som.Sh in order to escape from one-year incarceration in the Hergaysa Central Prison.
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