Somalian Government must respect judicial independence and rule of law: UN experts

"We strongly condemn this blatant interference with the independence of the judiciary," the experts said. "The unilateral dismissal of the Chief Justice by Presidential decree did not follow constitutional procedures, including approval by Parliament or a proposal from the Judicial Services Commission. His quick replacement, within days and without following legal procedures, undermines the rule of law." The unlawful removal of Chief Justice Ahmed occurred the night before the Supreme Court was due to rule on the constitutionality of recent measures extending the terms of the President and Parliament from four to five years. On 5 November 2026, five judges continued to hear the case, ruling that the extensions were unlawful and that the terms of both the Parliament and the President had expired. They ordered elections within 90 days. The judges also declared that the dismissal of the Chief Justice was unconstitutional and had sought to obstruct the Court's consideration of the presidential and parliamentary term extensions. The Government refused to comply with these orders, instead deploying hundreds of security personnel to the Supreme Court to disrupt and intimidate the Court. Seven Supreme Court judges had their personal security protection withdrawn, despite security risks to them, and are banned from travelling. On 7 November, a ceremony was conducted to swear Ibrahim Idle Suleiman in as the purported new Chief Justice. The President was in attendance. "We condemn the attempted intimidation of judges and serious threats to their security – their personal protection must be urgently reinstated," the experts said. "We call on security forces to stand down." "International, African and national law require all countries to ensure the independence of the judiciary, including when deciding political disputes, as an essential guarantee of the rule of law and democracy." Judges must be free to decide matters without improper influence, pressure, threat or interference, and there must be no inappropriate or unwarranted interference with the judicial process. They may be suspended or removed only for reasons of incapacity or behaviour that renders them unfit to discharge their duties. Hearings must be fair, and apply established standards of judicial conduct and ensure independent review. The safeguards that must govern the selection and appointment of judges are set out in the Principles for Judicial Appointments. Concerns have previously been raised that 'irregular and contested processes of constitutional reform' and 'the lack of an independent judiciary' could undermine the effectiveness of the country's counter-terrorism and stabilisation efforts, at a time of grave peril from Al Shabaab. "The lawfully appointed Chief Justice Ahmed must be restored to office and his security and that of all other judges must be guaranteed," the experts said. Source: UN Human Rights Office