Jimma university college of law and governance school of law



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SCHOOL OF LAW A THESIS SUBMITTED IN THE
Chapter 5 Contract law 2, CHALLENGES OF CASE MANAGEMENT IN SOMALILAND HIGH COURT
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P age b

those articles criminalize injuring the right of others through abuse of power. Therefore, it is better to charge the accused with crimes of corruption.
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In the case between FGA v. Officer Geberemariam Weliday Abirha et al. total of 8 accused are charged with 7 criminal charges. The accused were high officials in the federal rehabilitation centers (kilinto and kality), Ziway and Shewa Robit rehabilitation center. The first four charges were crime of homicide committed when kilino was at fire or burning. The last three charges are torturous acts committed against suspect of incinerating or burning kilinto.
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According to the charges, after the burning 400 inmates were taken to Shewa Robit and
Ziway rehabilitation center. The accused tortured them alleging that they set fire to burn kilinto. More than 175 inmates were subject to eat without washing their hands, detained for 42 days of
24 hours while chained with their bed, forced to sleepover cool cement floor, and detained in the dark rooms.
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The accused detained about 37 persons in the darkroom for about three to six months for the victim misbehave in the courtroom. FGA alleged that the accused also beat or cause to be beaten 20 victims in Ziway and detained them in darkroom called Era
‟ero.
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All those torturous acts were committed to extract information and confession about the incineration of kilinto rehabilitation center. Since the burning of kilinto occurred in recent year after the enactment of crimes of corruption proclamation the FGA brought the charge based on 9 (3) of the proclamation for abuse their power. Finally, in the case between FGA v. Commander Alemayehu Hailu et al. investigators and team leaders of investigation in the federal police investigation and Shewa robit rehabilitation center total of 10 accused were charged for total of 78 charges each of them at least with minimum of 8 charges. According to the FGA indictments, the charge includes major acts committed in between 2010-2019 against persons who were under the control of the accused as suspect of crime of terrorism, being member of group labeled as terrorist (G and OLF), take part in Islamic extremist movement and suspected of burning kilinto rehabilitation center.
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Elaborative discussion conducted with the prosecutors (anonymous) who were handling the case during the study.
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Officer Geberemariam Weliday Abirha et al. (Indictment of 19 March, 2019) FGA file No. 175/11. ibid Fifth charge. ibid Seventh charge.



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