🔗 Share this article

A female is presently awaiting the death penalty in Somalia after being found guilty of killing a 14-year-old girl in her charge.

The murder of parentless child Saabirin Saylaan in last autumn, and the shocking details that emerged about the conditions surrounding her death, sparked demonstrations near her home in Galkayo, along with fresh calls for greater child protection.

The tragedy struck a chord in a country where child abuse often goes unreported, especially when it occurs inside clan households.

For many, Saabirin's death represented a broader shortcoming in child protection and the slow enforcement of legal safeguards designed to prevent such atrocities.

A Rare Verdict

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 ultimate penalty for child abuse.

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

Her husband, Abdiaziz Nor, 65, was acquitted of murder but given one year in prison and ordered to pay $500 for negligence.

A Tragic Upbringing

Saabirin was orphaned when both her parents passed away within a short period 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 classical Quranic school.

But her life took a devastating turn in September after Saabirin's elder relative agreed that Diiriye's family, who needed a domestic helper, could take her in.

Evidence of Abuse

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 tortured.

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

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

Public Outcry

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

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

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

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

Online, young women and girls launched a wave of support movements, using hashtags citing 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 settle this case through tribal agreements or behind closed doors."

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

A Widespread Problem

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

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 marked an significant 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 surfaces proving that other individuals were involved in this crime, they will not be spared, the law will be fully enforced to them as well," he said.

A director of a child rights organisation said that "this tragedy highlights the deep 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 severe 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 accused 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 inundated with cases of violence in the home, many of which never reach 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 minors.

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 ministry 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 parental authority was paramount and no external entity could supersede it.

Lax Implementation

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

The police lack 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 adds that children were often unaware that they could speak out 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 settled," the activist said.

A coordinator 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 act. 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 taken 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 overdue conversations about child safety in Somalia.

But as the local community considers the verdict, some are uncertain if true accountability will be served 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."