🔗 Share this article

A woman is currently facing the death penalty in Somalia after being found guilty of killing a 14-year-old girl in her care.

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

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

For numerous people, Saabirin's death symbolised a wider failure in child protection and the slow enforcement of legal safeguards designed to prevent such tragedies.

A Rare Verdict

The guilty verdict of 34-year-old Hodan Mohamud Diiriye for murder represented one of the uncommon cases 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 ruling.

Her spouse, 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 brief time when she was just one year old.

Both of her elder female relatives had also died so she was looked after by her late mother's aunt, who made sure she got an schooling and attended a traditional Quranic school.

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

Evidence of Abuse

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

Evidence obtained from Diiriye's phone, including videos and audio recordings captured repeated violence. Some of these were released to the public before the trial.

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

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

Public Outcry

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

Many of women and young people demonstrated in Galkayo, holding signs reading "We Demand Justice" and calling on the authorities to bring to trial 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 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 tearful 18-year-old protester said in a clip shared on social media. "We also reject the attempts by traditional elders who want to resolve this case through tribal agreements or behind closed doors."

This refers to when elders from the families of those involved in a dispute intervene with the aim of avoiding revenge, rather than determine criminal guilt.

A Systemic Challenge

Child abuse in Somalia is often hidden within households, and extended families are customarily viewed as safe 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 important moment in the quest of justice for the murdered teenager.

"The offender is now only awaiting the carrying out 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 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 reach the police," he added.

Laws and Obstacles

In June this year, police in the capital, Mogadishu, received a report that a three-year-old boy had been brutally mistreated 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 reach the courts.

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

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

Its stipulations 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 establishing monitoring systems in schools, hospitals and communities.

But just three days later, a ministry 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 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 argued that enforcement 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 undermines 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 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 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 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 Force for Conversation

Although Saabirin's life was cut tragically short, her death is now compelling 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 postponements."