Ogaden’s Persecuted Judge, Shukri Shafe’a Guled, Refugee in Nairobi

After having been tortured in Diri-Dhabo, occupied Ogaden, Judge Shukri Shafe’a Guled managed to escape out of the Hell of the Neo-Nazi state of Abyssinia (fallaciously re-baptized ‘Ethiopia’) and reached Nairobi, Kenya.

In an article published on August 21, 2007, I focused on severe violations of Human Rights in Abyssinia, and more particularly on harassment of Ogadeni judges who are committed to applying constitutionally, legally and morally indefectible criteria in their decision making, and not Zenawi’s racist, discriminatory and absolutely evil biases.

As a matter of fact, the article (US Horn of Africa Policy: no Alternative to Ogaden’s Liberation / http://www.americanchronicle.com/articles/35663) consisted in the last of a series of articles in which I re-published a voluminous Report on Human Rights Violations perpetrated in Ogaden by the governmental forces of the Africa’s most loathsome dictator, the cruel Tigray tribal chieftain Meles Zenawi.

The Report had been issued on August 8th, 2007 by the Ogaden Human Rights Committee (OHRC – www.ogadenrights.org). We recommended the Report as basic documentation for the UN to go through in view of the establishment of an Ogaden Facts Finding Committee.

In the Report’s part ‘Other Abuses’, there are two sections, namely ‘Targeting Aid Workers’ and ‘Harassment of Judges‘. We will republish here the second section (‘Harassment of Judges‘) in which there were references to personal names and details as cases of violation of Human Rights.

Harassment of Judges

Article 78(1) of the Ethiopian Constitution states that: “An independent Judiciary is hereby established.” Article 79(1-3) “Both at federal and at state levels judicial powers are vested in the courts. Courts of any level shall be free from interference or influence of any government body, official of government, or from any other source. Judges shall exercise their functions in full independence and they shall be directed solely by the law.”

However, there is no judicial independence in the Ogaden.

The Regional Government, Ethiopian military and security officials have the power to nominate and dismiss Supreme and regional Court judges. Judges are nominated according to their loyalty to the government. Many judges were dismissed, beaten up in public or imprisoned after they refused to issue judgments demanded by Ethiopian government security and armed forces.

Among the judges who were abusively dismissed are: Abdihakim Mohamed, Somali Regional State Supreme Court President, in January 2005. He has been beaten up in public, in Jigjiga town centre. Khadir Abdirahman succeeded him as Somali Regional State Supreme Court President. Khadir was also removed in dubious circumstances. Mohamed Abdi Isak, Somali Regional State Supreme Court Vice-President was dismissed under the pretext of holding non Ethiopian qualifications.

In March 2002, Ahmednur Sheikh Khalif, Regional High Court judge, was detained and tortured, in Wardheer, after he sentenced individuals loyal to the security officers. In April 2007, in Jigjiga, he has been beaten in public by the head of the Somali Regional State Security and Justice Bureau and his bodyguards. Shukri Shafe’a Guled, Regional High Court judge, was arrested and tortured, in Diri-Dhabo. He has been transferred to prison in Jigjiga, and has been held incommunicado. He refused to deliver judgments according to demands of the Ethiopian security forces. On June 17th 2007, he was taken to an unknown destination with other detainees.

A Regional High Court judge, in Jigjiga, who asked not to be named said, “There is neither supremacy of law nor rule of law in this country. We have only rule of the ruler here.”

Shukri Shafe’a Guled, Regional High Court Judge, Refugee in Nairobi

After having been tortured in Diri-Dhabo, occupied Ogaden, Judge Shukri Shafe’a Guled managed to escape out of the Hell of the Neo-Nazi state of Abyssinia (fallaciously re-baptized ‘Ethiopia’) and reached Nairobi, Kenya.

He is about to prepare his papers at the UNHCR Office, which is there to offer him every necessary protection and assistance.

As a matter of fact UNHCR ‘core mandate is to ensure the international protection of 32.9 million uprooted people worldwide. In their website, they state (chapter on ‘Legal Protection’: http://www.unhcr.org/protect/3b8f5e3f13.html) the following:

“Using the 1951 Geneva Refugee Convention as its major tool, UNHCR’s core mandate is to ensure the international protection of 32.9 million uprooted people worldwide. It promotes the basic human rights of refugees and that they will not be returned involuntarily to a country where they face persecution. It helps them to repatriate to their homeland when conditions permit, integrate into states of asylum or resettle in third countries. UNHCR promotes international refugee agreements, helps states establish asylum structures and acts as an international watchdog over refugee issues”.

UNHCR – Dedicated to Refugee Protection

Concerning their activities to promote refugee protection, UNHCR expand in their website, giving following details (in the chapter ‘Promoting refugee protection’ http://www.unhcr.org/protect/3d3d20454.html):

“UNHCR’s activities to promote refugee protection, include:

Promoting accession to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, to the 1954 Convention relating to the Status of Stateless Persons and to the 1961 Convention on the Reduction of Statelessness. In 1999, UNHCR launched a campaign to promote accession to the 1951 Convention that culminated on its 50th anniversary in July 2001 and the Ministerial Meeting of States Parties to the 1951 Convention on 12 and 13 December 2001.

Assisting States to enact or revise national refugee legislation, including administrative instructions and operational guidelines, and to implement national refugee status determination procedures.

Strengthening relevant administrative and judicial institutions, training staff of government and non-governmental agencies, and liaising with relevant human rights bodies.

UNHCR is also involved in: research and advice on new laws and regulations affecting persons of concern to the Office; technical and financial support for law schools, governmental agencies (including the police and the military) and other institutes to develop refugee law courses; and support for human rights and refugee rights advocacy groups, legal aid centres and non-governmental organizations with an interest in refugee protection”.

In another part, specifying ‘UNHCR’s Involvement With the Rule of Law and Transitional Justice’ (http://www.unhcr.org/protect/44fd6d4a4.html), they state the following:

“Respect for the rule of law and human rights forms the essence of the protection of refugees, returnees and stateless persons. Many of UNHCR’s activities are therefore focused on assisting in the strengthening of legal structures that would enhance the rule of law on behalf of persons of concern to UNHCR.

In the execution of its mandate of providing international protection to refugees, UNHCR promotes the accession to international refugee instruments and other relevant human rights instruments. UNHCR provides technical legal support to national legal, administrative or judicial structures, including assistance in reviewing draft legislation. It also provides training to Government officials and promotes the inclusion of refugee and human rights components in training modules of police, immigration and judicial officials.

In the context of voluntary repatriation operations, effective promotion and protection of human rights, including through institutions that support the rule of law, are key to rebuilding the State after conflict and creating conditions conducive for return. From UNHCR’s perspective, the core of voluntary repatriation is return in and to conditions of physical, legal and material safety, leading to full restoration of national protection. In countries of origin, legal systems – including traditional legal structures – often need to be revived and/or reformed. UNHCR identifies and works towards removing legal and administrative barriers to return. In close cooperation with other organizations, UNHCR provides expert advice and technical support for the drafting of legislation related to citizenship, property, documentation and return. UNHCR further is involved with the capacity building of the judiciary, including technical and material assistance as well as establishing mobile court projects where local resources do not allow full coverage in remote locations.

In order to support sustainable return, UNHCR is involved in the development of mechanisms promoting confidence-building and peaceful co-existence. Reconciliation is a process, internal between and within communities and requires a long term vision, but often in the early stages when a nation is emerging from a conflict situation, international support may be warranted to help take the first steps.

At the same time, UNHCR is actively involved in support of transitional justice. Post-conflict pursuit of accountability for gross violations of human rights and humanitarian law is widely considered as an essential element of conflict resolution and a means to bridge the gap between divided communities. Refugees, as victims of human rights abuses, have an interest in such activities, which will facilitate their process of re-integration.

Just as citizenship and the ability of people to realize the rights associated with nationality provide an indispensable element of stability to life, statelessness is a source of human insecurity, forced displacement and serious conflict which may also pose a threat to national and regional stability. As a result, clear nationality legislation and administrative practice that are in accordance with internationally recognized human rights standards are essential elements of the rule of law.

Resolving situations of statelessness may be key to addressing root causes of conflict as well as for cementing reconciliation in post-conflict environments. UNHCR has been given the mandate to assist the plight of stateless persons, and actively promote the reduction of statelessness. In this respect, it provides technical advice and support to governments for the accession to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. UNHCR provides advice to governments on how to develop an effective legal framework to prevent and reduce statelessness and protect the rights of stateless persons. In addition, in recent years UNHCR has increasingly provided concrete operational support to States to resolve long-lasting or protracted situations of statelessness”.

Judge Shukri Shafe’a Guled’s Security and Personal Safety: Matter of Global Concern

As the security of various refugee camps in Kenya is questionable, and Neo-Nazi agents of the racist, discriminatory and revengeful state of Abyssinia (fallaciously re-baptized ‘Ethiopia’) manage to infiltrate and assassinate those considered dangerous for the continuation of the existence of the colonial state ‘Ethiopia’, Human Rights activists, NGOs, advocacy groups, and political analysts are greatly concerned with Judge Shukri Shafe’a Guled’s security and personal safety.

They are however convinced that the Nairobi UNHCR office will spare no effort in granting Judge Shukri Shafe’a Guled the conditions of full protection he deserves.

I have already asked Judge Shukri Shafe’a Guled for an interview that will shed more light on the appalling Human Rights violations that occur in Ogaden and more generally in the impermissibly existing criminal state ‘Ethiopia’. Pending the publication of the interview, I will re-publish a brief but most convincing comment published by Judge Shukri Shafe’a Guled in a portal – just a few months ago.

Judge Shukri Shafe’a Guled’s words consist in the most authoritative comment on and description of the current situation in ‘Ethiopia’; they should become a matter of the utmost concern for the UN Secretary General, and for the leaders of the world’s most influential countries.

Judge Shukri Shafe’a Guled’s words make state of conditions of life that simply cannot be allowed to continue anymore. They irrevocably convict the guilty state ‘Ethiopia’ in the Mankind’s Collective Memory.

Judge Shukri Shafe’a Guled’s words make us all feel guilty because the lawless realm ‘Ethiopia’ is still not part of the past.

They come back from the four corners of the Universe; they resonate our culpability, as much as they echo our remorse.

They are just 14 words:

- The inhumanity cases in Ogaden may be more than the stars in the sky.

By Prof. Dr. Muhammad Shamsaddin Megalommatis
Published: 5/27/2008

Source: American Chronicle

Filed Under: Opinion