🔗 Share this article

A female is presently facing execution in the Horn of Africa nation after being found guilty of killing a teenager in her custody.

The murder of parentless child Saabirin Saylaan in last autumn, and the shocking details that came to light about the conditions surrounding her death, provoked demonstrations near her home in Galkayo, along with renewed calls for stronger child protection.

The tragedy struck a chord in a country where child abuse frequently remains hidden, particularly when it takes place inside extended families.

For many, Saabirin's death symbolised a wider shortcoming in child protection and the sluggish enforcement of legal safeguards meant to prevent such tragedies.

An Uncommon Judgment

The conviction of 34-year-old Hodan Mohamud Diiriye for murder marked one of the uncommon cases in Somalia where a court imposed the death sentence for child abuse.

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

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

A Life Cut Short

Saabirin was left parentless when both her parents passed away 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 education and attended a classical Quranic school.

But her life took a tragic turn in September after Saabirin's great-aunt agreed that Diiriye's family, who needed a home help, could take her in.

Proof of Maltreatment

During their investigation, police revealed that in the two months she was living there, the young girl had suffered "routine physical abuse" - she was assaulted and subjected to cruelty.

Evidence obtained from Diiriye's phone, including recordings and audio recordings documented ongoing violence. Some of these were leaked to the public before the trial.

In one especially harrowing 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 indicative of prolonged violence.

Public Outcry

As details of the police investigation emerged, public anger escalated.

Many of women and young people marched in Galkayo, carrying signs reading "We Demand Justice" and urging the authorities to bring to trial 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 launched a wave of support movements, using hashtags invoking 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 clan customs or behind closed doors."

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

A Systemic Challenge

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

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 quest of justice for the murdered teenager.

"The offender is now only awaiting the implementation 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 "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 are reported to the police," he added.

Legal Frameworks and Challenges

In June 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 quickly 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 outlines legal frameworks to prevent abuse, exploitation and violence against minors.

Its provisions include:

• Criminalising all forms of child abuse
• Toughening 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 government department 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 applied.

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

Weak Enforcement

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

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

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

"In many similar cases, both sides of the family reach a private 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 rejects that the authorities are neglecting 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 forcing overdue 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 celebrate yet, we still need certainty," 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."