Case Management 

   

SOMALI REGION

General

The data were collected by the team in September from the institutions concerned.

No case data were collected from Police, First Instance Courts (regular as well as Sharia) nor from OPD and ULC. It is not clear whether the institutions were unwilling to share or did not have their data in an organized condition to share.

The data shown have been validated by the concerned member of the Justice Snapshot Steering Committee representing his / her institution.

POLICE – No data

OAG

The data show that less than 50% of total investigation files led to a charge last year.

Of those charged, 4% related to GBV cases and 7% to juvenile cases.

The cases reportedly carried forward do not appear consistent with the total caseload.

COURTS – No data available for First Instance Courts in regular courts and Sharia courts.

The civil caseload in the regional High (Zonal) Court is higher than the criminal caseload by around 1000 cases (6000 v 5000 in round figures).

The total disposed is double the new cases coming in, but the number of pending cases is not known, so is not necessarily wrong.

The High Court picks up 121 of the cases charged by the OAG and 196 of the juvenile cases.

The Supreme Court shows a relatively light caseload (154 new cases in 2012-13) for the 25 SC judges, but the number of pending cases is not known.

The 260+ judges of the High Court of Sharia processed 9450 out of 9887 cases in the year and the Supreme Court of Sharia had only 3 cases carried forward at the end of the reporting year.

LASPs: there were no data for the OPD nor ULCs and it is inferred there were no NGOs providing legal aid services that the research team were able to identify.

PRISONS: the remand population is 6% of the total prison population. 37% of the sentenced population are reported to be minors (boys under 18). It is not known how many of these are serving terms of less than 3 years. The population of boys under 18 is significant and no explanation was provided of the nature of their offences, further enquiry is needed.

Just over 10% of adult men are serving these shorter sentences. The very few women (11) make up 0.5%. of the population.

The prison data are silent as to the overall capacity of the prison. Prison police offered no opinion on the percentage of prisoners who were considered dangerous, or mentally ill. In the absence of the prison Annual Report there is no way of knowing what challenges the prison administration faced in the course of the year.

POLICE
No data were provided by regional state police

OAG
Cases charged: 3365. Baseline data further show 3365 disposed, including 1892 convictions versus 208 acquittals. Breakdown of disposals (2581) produces data mismatch with total given (3365).

RFIC
No data provided

RHC
Data anomaly: 9064 disposed cases exceed total new (4922). The increase could be due to the unknown number of cases pending or cases reopened.

OPD
No data provided

LASP
There appears to be no NGO providing legal aid services in the period in Somali region.

ULC
No data provided