🔗 Share this article

A female is now awaiting the death penalty in Somalia after being found guilty of murdering a teenager in her custody.

The killing of parentless child Saabirin Saylaan in November, and the horrific details that emerged about the conditions surrounding her death, sparked demonstrations near her home in Galkayo, along with reinvigorated demands for enhanced child protection.

The incident struck a chord in a country where child abuse frequently remains hidden, particularly when it takes place inside clan households.

For many, Saabirin's death represented a broader shortcoming in child protection and the delayed implementation of legal protections meant to prevent such atrocities.

A Rare Verdict

The guilty verdict of 34-year-old Hodan Mohamud Diiriye for murder represented one of the infrequent instances in Somalia where a court imposed the death sentence for child abuse.

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

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

A Life Cut Short

Saabirin was orphaned when both her parents died within a brief time when she was just one year old.

Both of her grandmothers 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 great-aunt agreed that Diiriye's family, who needed a home help, could take her in.

Proof of Maltreatment

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

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

In one especially disturbing recording, Diiriye can be heard saying: "I take pleasure in your pain."

A autopsy of Saabirin's body showed multiple injuries and deep knife wounds indicative of sustained violence.

Community Anger

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

Hundreds of women and young people marched in Galkayo, carrying signs reading "Justice for Saabirin" and urging 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 heated that during one protest demonstrators confronted police and a young man was killed by gunfire.

Online, young women and girls initiated a wave of solidarity campaigns, 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 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 preventing revenge, rather than determine criminal guilt.

A Systemic Challenge

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

Diiriye's trial and other related hearings were broadcast live on social media to foster public trust in the justice system.

A regional police commander said the verdict represented an significant moment in the pursuit of justice for the murdered teenager.

"The offender is now only awaiting the implementation of the death sentence. If further evidence surfaces 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 profound 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, received a report that a three-year-old boy had been severely abused inside the home of his father's wife. The alleged 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 inundated 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 minors.

Its provisions include:

• Outlawing all forms of child abuse
• Toughening legal punishment for guardians who harm or neglect children
• Guaranteeing 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 contrary to religious teaching not being enforced.

It said that Somali family rights was paramount and no external entity could override it.

Lax Implementation

A women's and child's rights activist argued 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 mediated by clan elders, which undermines the justice system and victims' voices are not heard, she said.

She adds 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 difficult to act. She acknowledged that more should be done to increase awareness that people can raise concerns 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 compelling overdue conversations about child safety in Somalia.

But as the local community reflects on the verdict, some are uncertain if justice 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."