Somaliland
Samantar vs. Yousuf plaintiff holds a press conference in Somaliland
August 6, 2010 · 19 Comments
HARGEISA (Somalilandpress) — Mr Abdulaziz Mohamed Eid, one of the plaintiffs in Samantar vs. Yousuf civil law suit in the United States held a press conference in Hargeisa on Friday.
While on his trip, Mr Mohamed held a press conference in Mansoor Hotel to update the people of Somaliland about the progress of the civil lawsuit against Mohamed Ali Samatar, after the US Supreme Court paved the way for such case. Mohamed informed journalists that the case is on track and his team is pursuing compensations from Mohamed Ali Samantar.
Yousuf vs. Samantar has became a major legal case in the United States after Mr Samantar’s legal team claimed of immunity under the Foreign Sovereign Immunities Act. The case was eventually taken to the U.S. Supreme Court, which ruled in favor for Mr Yousuf Bashe and fellow plaintiff after stating that individuals such as Samantar are not protected under the federal law that protects foreign governments.
The Court ruled unanimously to affirm the Fourth Circuit’s decision that the Foreign Sovereign Immunity Act does not grant diplomatic immunity. The team that representing Mr Abdulaziz Mohamed and other victims are suing Mr Samantar in civil case for damages sustained during illegal imprisonment and torture by the Somali government in 1980s, in which Mr Samantar was high-ranking official.
Mohamed Ali Samantar served as Vice President and Minister of Defense (1980-1986) and Prime Minister of Somalia (1987-1990). Under Samantar’s tenure, the Somali government’s brutal counter-insurgency war against rebel groups culminated in an indiscriminate aerial and ground assault in Somaliland’s three major towns, Hargeisa, Burao and Berbera.
Mr Moahmed highlighted that some Somali public thinkers have requested from him and other plaintiff to drop the case, reasoning Mr. Samantar’s deteriorating health won’t allow him to appear on court. And providing his financial situation, he would not be able to compensate financially to any legal liabilities.
However, Mr Mohamed stated that forgiveness of atrocities committed by Mr Samantar is not up to him or other plaintiffs in this case.
Samantar vs. Yousuf
“It is a national decision to forgive crimes committed against all citizens of Somaliland during 1980s war. Since there is new president who is elected democratically, he can lead national dialogue on the history of the war and crimes committed against people of Somaliland,” he added.
Mr Mohamed commend the new Somaliland president to create national committee to investigate war crimes committed during the war against Somaliland and to create national archive of SNM history and sacrifices of all Somalilanders.
In regard if he has evidences that links Mr Samantar to Hargeisa genocide. Abdulaziz Mohamed confirmed to the press that he has solid facts and proofs against General Samantar. He added that there many ex-officials from Siyyad Bare regime still around and enjoying freedom in many parts of the world. And the only reason Mr. Samantar is under scrutiny is because of action taken by active Somaliland citizens aboard.
Mr Mohamed defended against accusation that the case is based on wanting financial retribution and it adds on existing tribal division between Somalis. Mr. Mohamed stated that, “the crimes committed although were based on hatred and tribalism, they were war crimes committed against a minority group. It was crimes against humanity and there are clear international laws regarding these type of violations.”
Recalling days of war and oppression under previous dictatorship, Mr Mohamed told the story of his father, who was killed in front of him by the national army during bombardment of Hargeisa in 1988.
Finally Abdulaziz congratulated the new Administration of President Silaanyo and all Somaliland citizens on successful and peaceful transition of power.
Reported by Abdiqani Baynex and Mohamd Gulaid
Somalialndpess | August 5th, 2010
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Tags: Somalialnd Yusuf vs Samantar US Supreme Court Mohamed Abdulziz
Readers Comments (19)
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Because Ali samatar heils from Somalia proper, and not Somaliland, the resolutions of the peace and national reconciliation conferences held in Berbera, Burco and Borame in 1991-3 donot at all apply to him or any alleged war criminal from Somalia. General Morgan is also another war criminal still at large. Even if these war criminals evade justice in this world, they will sooner or later face the define justice in the world beyond.
Somaliland stands behind Mr Mohammed and all other plaintiffs in bringing all war criminals of Bare’s regime to justice. Those criminals got blood on their hands and they know that sooner or later and in this life or other, they will have to face the consequences of their inhumane conducts in Bare’s war against the minorities and vulnerable Somalis. This should be a lesson for all those who are now committing crimes or intend to do so in the country. They should know tribesmen will not save them from trials served at International courts.
May Allah bless the people of Somaliland who have shown such resilience and determination to maintain stability, pride, respect, humbleness and hope during and after the Bare regime’s atrocities which caused the deaths of thousands of our people and the destruction of our properties and cities.
Halyeey Layaqaan,
Let me play devil’s advocate you said that ” the resolutions of the peace and national reconciliation conferences held in Berbera, Burco and Borame in 1991-3 do not at all apply to him ( Samatar) or any alleged war criminal from Somalia”. Thus, going by what yous aid above shouldn’t these reconciliations apply to Ahmed S Dafle who hails from Sool region which is part and parcel of Somaliland?
We can’t pick and choose who we prosecute for war crimes, we have to be consistent with our message. We either prosecute all that committed crimes against us despite where they hail from or clan affiliation, whoever collaborated with the Bare Regime should be prosecuted or left alone.
However this “pick and choose” is not doing us justice and is weakening our case.
Although Ina Sulaiman Dafle heils from Sool sub clan, who belong mainly to the Biritish-ruled Somaliland, but my understanding is that he was born somewhere else. Somalilanders who are, in one form of another, victims of war crimes have every right to indict those war criminals from Somalia proper.
My own father was born in Ethiopia I was born in Mogadishu are you saying we're not a Somalilanders? There's a whole generation of youngesters that were born somewhere else are they not Somalilanders? My point is, either we prosecute all of them including home grown war criminals or we let it go…
You said that war criminals that hail from Somaliland are not included in these prosecutions because of the reconciliations that took place, but then you contradict yourself and say you want Ina Suleaim Dafle be prosecuted because he was born outside of Somaliland and thus he's not a Somaliander.
According to your argument, myself and many Somalilanders born outside of Somaliland are not Somalilanders & citizens… Dude, isku noqo bal you think you're making sense but your arguments are flawed!
If you are born outside of the Somaliland Territory then obvouisly you are not a Somalilander.
NO KHADRA HE IS A SOMALILANDER IF HE BELIVES IN SOMALILAND AND SNM.
ONE LOVE TO SNM.
Khadra, I think you should look at your constitution regarding who is a Somalilander. 2, Somalilanders forgave each other in the conferences named above and should not be prosecuted in Somaliland for war crimes but that does not mean that the war criminals are free to leave in the united states with impunity, Individuals who were persecuted in Somalia or anywhere else can sue the culprits including current or former President/s of Somalia or Somaliland for crimes against humanity or any other crimes.
If these somali Dictators want to live peacefully after mass murdering the population, they should hide in undemocratic Arab or african countries where the leaders of those countries are war criminals as well and thus will not throw rocks at them.
The minute one chooses to step into civilized society, they should expect to be judged according the laws of the land and their clansman who keep crying foul will do so but their cries will fall on deaf ears.
Ina Hebel,
The supreme court of the United States does not care whether you are Isaac, Daarood or Hawiye, If you as an individual think that you have a case against anyone such as the the palintiffs in Samatar V Yusuf, Please feel free to file a criminal or Civil complaint against them regardless of their Clan.
If the criminasl are stupid enough to venture into the USA or other countries that actually belive in and enforce laws like Samatar has and expect to live freely, then they need to be rudely awaken and reminded of the terrible things that they did to their people.
Does Ina Dafle think of himself as a Somalilander? I never heard him saying that. Somalilnaders are Somalilnader as long as they believe in the just cause of Somaliland independence. It does matter where one is born. Viva Somaliland.
Hey Halyey Layaqaan,
These criminals you are defending under different pretenses were the top leaderships who gave the orders to kill and exterminate certain minority clans in this case the Isaaks in direct violations to human rights!… Whosoever is still alive of those horrible war criminals of Gen. Siad Barre Brutal Regime like Samater, Morgan, Ina Dafle and others as well, in general the Snm chose Amnesty strategy over punishment, nevertheless, if certain angry individuals take upon themselves to file criminal or civil suits against these war
criminals, it's well and good to at least bring in to justice certain elements
if not all the elements!!!.
Cheers.
I think Ali Samantar should be handed over to Somaliland to face these crimes. He is not the only criminal hiding in the U.S. and Americans need to be aware of it.
These men killed over 80,000 people in Somaliland.
YEH I HOPE WE KILL ALL THIS MOTHER F……… EVEN MORGEN HE KILLED MY BROTHER WHO WAS IN THE SNM ARMY OUTSIDE THE CITY HARGISA THATS WHY I LOVE SNM AND WILL ALWAYS WILL DO SO IAM THANKS FULL THAT THEY GAVE ME FREEDOM.
ONE LOVE TO SNM
ONE LOVE TO SNM
Thank you Mr Yusuf for your heroism and bravery on behalf of the thousands of Somalilanders who have been massacred by the order of Mohamed Ali Samater.
You are the advocate of the thousands and thousands of inocent people being slaugthered by that blood-handed dictator and his oppressed regime. I think, the Somaliland people must not show any mercy towards Samater regardless of his chronic illness or age. He must be punished mercilessly during his lifetime, while he will also be judged during his doom day after death before Allahaa. So keep going to defend the legitimate rights of the oppressed until he gets what he has deserved and suffer his former actions against humanity.
M.J.Musa.
For your information in dafle born in city of sheekh
Allah has advised the faithful that forgiveness is more proper:
“The repayment of a bad action is one equivalent to it. But if someone pardons and puts things right, his reward is with Allah…” (Qur’an, 42:40)
“…. But if you pardon and exonerate and forgive, Allah is Ever-Forgiving, Most Merciful.” (Qur’an, 64: 14)
We as believers should be forgiving, compassionate and tolerant people who, as revealed in the Qur’an, “control their rage and pardon other people.” (Qur’an, 3:134)
For those who are looking for blood, I just want to say that Allah will reward us with better things than spending time, money and effort in chasing people who will be facing their action in the latter life.
The punishment of this world is NOTHING compared to the one waiting for a transgresser.
Leave this guy alone.
Khadra Walaal salaamu alaykum
My sister I really apprecaite your pravness and I wanna tell you that Somaliland had faced many obstacles recently and during the SNM, you know he worest one was when Morgan and his soldiers took rops and chains to tie down the SNM Wolfes and take them to the prison, the 2nd day they heard the heavy fights in Buroa, that is all because our clean heart and forgivness. the cruel formers NSS Officer was our Somlailand President for 7 years, actually I regret to remind you such a things but that was happened. so take it easy baby.
There is a former NSS officer living in Hergeisa who committed crimes against the people of Mudug in the late 70s. We will chase this case up, Bidnillah.
I WISH IF THE SL COULD KILL DEM ALL ONE BY ONE