🔗 Share this article

A woman is presently awaiting the death penalty in Somalia after being found guilty of murdering a teenager in her care.

The murder of parentless child Saabirin Saylaan in November, and the shocking details that came to light about the circumstances surrounding her death, sparked protests near her home in Galkayo, along with renewed demands for enhanced child protection.

The incident struck a chord in a nation where child abuse frequently goes unreported, particularly when it takes place inside kinship networks.

For numerous people, Saabirin's death epitomised a broader failure in child protection and the slow implementation of legal protections designed to prevent such tragedies.

An Uncommon Judgment

The guilty verdict of 34-year-old Hodan Mohamud Diiriye for murder marked one of the rare cases in Somalia where a court handed down the ultimate penalty for child abuse.

Diiriye had rejected the charges and her lawyer has filed an challenge against the verdict.

Her husband, Abdiaziz Nor, 65, was acquitted of murder but given one year in prison and fined $500 for negligence.

A Tragic Upbringing

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

Both of her elder female relatives had also died so she was cared for by her late mother's aunt, who ensured she got an education and attended a classical Quranic school.

But her life took a devastating turn in September after Saabirin's great-aunt agreed that Diiriye's family, who needed a domestic helper, could take her in.

Proof of Maltreatment

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

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

In one particularly harrowing recording, Diiriye can be heard saying: "I'm enjoying your pain."

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

Community Anger

As details of the police investigation surfaced, public anger escalated.

Many 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 tense that during one protest demonstrators clashed with police and a young man was shot dead.

Online, young women and girls initiated a wave of solidarity campaigns, using social media tags 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 oppose 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 intervene with the aim of avoiding revenge, rather than determine criminal guilt.

A Systemic Challenge

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

Diiriye's trial and other related hearings were streamed 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 carrying out of the death sentence. If further evidence surfaces proving that other 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 "this tragedy highlights the profound gaps that still exist in protecting the most basic human rights of children in our society."

"Children continue to face violence inside family homes, and only the most severe cases ever are reported to the police," he added.

Legal Frameworks and Challenges

In the summer this year, police in the capital, Mogadishu, received a report that a three-year-old boy had been brutally mistreated inside the home of his father's wife. The accused perpetrator was quickly arrested.

According to a report, 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 reach the courts.

On 1 October this year, Somalia's parliament ratified 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 children.

Its stipulations include:

• Criminalising all forms of child abuse
• Toughening legal punishment for guardians who harm or neglect children
• Guaranteeing state responsibility for vulnerable and orphaned children
• And creating monitoring systems in schools, hospitals and communities.

But just three days later, a ministry issued a clarification stating that the implementation of the charter would be guided by Islamic law, with provisions conflicting with religious teaching not being enforced.

It said that Somali parental authority was fundamental and no external entity could override it.

Lax Implementation

A women's and child's rights activist contended 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 notes that children were often unaware that they could report abuse and many schools were not teaching them that they could report abuse.

"In many similar cases, both sides of the family reach a private agreement and then inform the government that the matter has been resolved," the activist said.

A coordinator for the region's ministry of women's development denies that the authorities are failing 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 understanding 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 cut tragically short, her death is now compelling long-delayed conversations about child safety in Somalia.

But as the local community reflects on the verdict, some are uncertain if true accountability will be served in the long run.

"There is nothing to rejoice yet, we still need certainty," 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 delays."