🔗 Share this article

A female is now facing execution in Somalia after being found guilty of killing a teenager in her care.

The tragic death of orphan Saabirin Saylaan in last autumn, and the gruesome details that came to light about the circumstances surrounding her death, triggered protests near her home in Galkayo, along with renewed calls for greater child protection.

The incident struck a chord in a country where child abuse often goes unreported, especially when it takes place inside kinship networks.

For numerous people, Saabirin's death epitomised a broader shortcoming in child protection and the sluggish enforcement of legal protections meant to prevent such atrocities.

An Uncommon Judgment

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

Diiriye had rejected the charges and her lawyer has filed an challenge against the ruling.

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

A Tragic Upbringing

Saabirin was orphaned 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 assume her care.

Proof of Maltreatment

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

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

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

A post-mortem examination of Saabirin's body showed multiple injuries and deep stab wounds indicative of sustained violence.

Community Anger

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

Hundreds of women and young people marched in Galkayo, holding signs reading "We Demand Justice" and calling on 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 tense that during one protest demonstrators confronted police and a young man was killed by gunfire.

Online, young women and girls initiated a wave of support movements, using hashtags citing 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 refers to when elders from the families of those involved in a dispute step in with the aim of avoiding revenge, rather than determine criminal guilt.

A Widespread Problem

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

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 marked an important 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 surfaces 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 underscores 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 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 brutally mistreated inside the home of his father's wife. The accused perpetrator was swiftly arrested.

According to a assessment, 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 decades-old charter details legal frameworks to prevent abuse, exploitation and violence against children.

Its provisions include:

• Outlawing all forms of child abuse
• Strengthening legal punishment for guardians who harm or neglect children
• Guaranteeing 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 guided by Islamic law, with provisions contrary to religious teaching not being enforced.

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

Lax Implementation

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

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

She notes that children were often unaware that they could report abuse 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 settled," the activist said.

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

She highlighted 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 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 Catalyst for Change

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 reflects on the verdict, some are unsure if true accountability will be served 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."