🔗 Share this article

A female is now awaiting execution in Somalia after being convicted of murdering a 14-year-old girl in her custody.

The murder of orphan Saabirin Saylaan in last autumn, and the gruesome details that came to light about the conditions surrounding her death, provoked protests near her home in Galkayo, along with reinvigorated demands for enhanced child protection.

The incident resonated deeply in a nation where child abuse frequently remains hidden, especially when it occurs inside clan households.

For numerous people, Saabirin's death epitomised a wider shortcoming in child protection and the delayed implementation of legal safeguards meant to prevent such tragedies.

A Rare Verdict

The conviction of 34-year-old Hodan Mohamud Diiriye for murder represented one of the uncommon instances in Somalia where a court imposed the ultimate penalty for child abuse.

Diiriye had rejected the charges and her lawyer has lodged an appeal against the verdict.

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

A Tragic Upbringing

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 ensured she got an education and attended a traditional 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 assume her care.

Evidence of Abuse

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

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

In one particularly disturbing recording, Diiriye can be heard saying: "I'm enjoying your pain."

A autopsy of Saabirin's body showed multiple injuries and deep stab wounds consistent with prolonged violence.

Public Outcry

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

Many of women and young people demonstrated in Galkayo, holding signs reading "We Demand Justice" and calling on the authorities to prosecute all those responsible.

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

Things got so tense that during one protest demonstrators clashed with police and a young man was shot dead.

Online, young women and girls launched a wave of solidarity campaigns, using social media tags 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 reject 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 intervene.

Diiriye's trial and other related hearings were streamed 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 implementation of the death sentence. If further evidence emerges proving that other 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 protecting 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.

Legal Frameworks and Challenges

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 quickly arrested.

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

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

The long-standing charter details legal frameworks to prevent abuse, exploitation and violence against children.

Its stipulations include:

• Outlawing all forms of child abuse
• Toughening 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 in accordance with Islamic law, with provisions conflicting with religious teaching not being enforced.

It said that Somali parental authority was paramount and no external entity could supersede it.

Weak Enforcement

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

The police lack the capacity 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 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 private agreement and then inform the government that the matter has been settled," the activist said.

A official for the region's ministry of women's development denies 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 intervene. She acknowledged that more should be done to increase awareness 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 Catalyst for Change

Although Saabirin's life was ended too soon, her death is now forcing long-delayed conversations about child safety in Somalia.

But as the local community reflects on the verdict, some are unsure if justice will be achieved in the long run.

"There is nothing to celebrate 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 postponements."