🔗 Share this article

A woman is now facing the death penalty in Somalia after being found guilty of murdering a 14-year-old girl in her care.

The tragic death of parentless child Saabirin Saylaan in November, and the horrific details that emerged about the conditions surrounding her death, provoked protests near her home in Galkayo, along with renewed demands for greater child protection.

The case struck a chord in a nation where child abuse often goes unreported, especially when it takes place inside extended families.

For numerous people, Saabirin's death epitomised a wider failure in child protection and the slow enforcement of legal protections designed to prevent such atrocities.

An Uncommon Judgment

The conviction of 34-year-old Hodan Mohamud Diiriye for murder represented one of the rare instances in Somalia where a court handed down the death sentence for child abuse.

Diiriye had denied the charges and her lawyer has filed an challenge against the decision.

Her spouse, Abdiaziz Nor, 65, was acquitted of murder but sentenced one year in prison and fined $500 for failure of care.

A Life Cut Short

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

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

But her life took a tragic turn in September after Saabirin's elder relative agreed that Diiriye's family, who required a home help, could take her in.

Evidence of Abuse

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

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

In one especially disturbing recording, Diiriye can be heard saying: "I take pleasure in your pain."

A post-mortem examination of Saabirin's body revealed multiple injuries and deep stab wounds consistent with prolonged violence.

Community Anger

As details of the police investigation emerged, community outrage grew.

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

They assembled outside the local hospital where her body was held in the morgue.

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

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

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

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

A Systemic Challenge

Child abuse in Somalia is often concealed within households, and relatives are customarily viewed as safe spaces – where the state should not interfere.

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

A regional police commander said the verdict represented an important moment in the quest 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 additional individuals were involved in this crime, they will not be exempted, the law will be fully applied to them as well," he said.

A director of a child rights organisation said that "this tragedy highlights the profound 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 extreme cases ever are reported to the police," he added.

Laws and Obstacles

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

According to a report, three horrific 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 inundated with cases of violence in the home, many of which never make it to the courts.

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

The decades-old charter details legal frameworks to prevent abuse, exploitation and violence against minors.

Its stipulations 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 establishing monitoring systems in schools, hospitals and communities.

But just three days later, a government department issued a clarification stating that the implementation of the charter would be guided by Islamic law, with provisions contrary to religious teaching not being enforced.

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

Weak Enforcement

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

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

She adds that children were often unaware 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 resolved," the activist said.

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

She pointed out 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 act. 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 overdue conversations about child safety in Somalia.

But as the local community considers the verdict, some are unsure 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."