For context, previous views;
None of that takes away from the actual credit for security reform, financial reform, and the debt relief,etg being this government. And the next government will have these in place so they can bring JUSTICE REFORM (THE NEXT BIG REFORM WAITING IN MY OPINION---OUR JUSTICE SYSTEM IS ABSOLUTELY NONEXISTENT.
All of that is explained by Due Process
Without DUE PROCESS, there is no justice. NONE.Sxb if you have seen me use the word equity then anyone educated in conflict resolution will immediately understand I came to the discussion with complete transparency and interest not in WIN OR LOSE but EQUAL JUSTICE UNDER THE LAW.[/size]
This very second if someone gets into a car right here where I am and they are inebriated, NO COP CAN ARREST THEM WITHOUT PROBABLE CAUSE. If arrest starts everything in criminal procedure...followed by charges are filed, then arraignment before a Magistrate/Judge, pretrial, trial, sentencing, appeal etc etc etc.
EVEN BEFORE ARREST, THERE HAS TO BE PROBABLE CAUSE.
THAT PROBABLE CAUSE HAS TO REFLECT DUE PROCESS OR EQUALITY BEFORE THE LAW EVERY STEP OF THE WAY.
Even If the cop finds the most damning evidence in the course of the arrest, if it resulted from infringing on my Due Process; if he stopped me WITHOUT legitimate PROBABLE CAUSE---whatever found should legally be impermissible obtained through ILLEGAL SEARCH AND SEIZURE. THE CASE MUST BE DISMISSED. THIS UNEQUIVOCAL AND UNIVERSAL CONCURRENCE MAKES IT THE MOST SUCCESSFUL APPEAL CATEGORY THROUGHOUT CRIMINAL JUSTICE SYSTEMS THE WORLD OVER.
A law is a law when it is applied equally, selective law is Tyranny
The very definition of Discrimination as legal burden is explained that way
So my position is in Somalia today there are three main legal blackholes affecting justice reform
1. The nature of what do about gross human rights abuses in the civil war (aka warlords amd armed combatants)
2. The nature of financial mechanisms underpining the occurrence of the gross human rights abuses (war merchants, war profiteers, human smugglers, traffickers)
3. The nature of endemic, even SYSTEMIC, graft/corruption predicated on the theft of public handouts to Somalia's needy
With all of these, I add the caveat "allegedly'
On the first, it seems we are passive aggressively ignoring closure. Notice I am not even saying accountability. I am saying closure. It is obvious as a people we have decided not to purse the warlords as a criminal matter. That is fine with me, in fact I am of the opinion it is for the best. Well no one sat in official capacity staring directly into the eyes of the nation and has yet told us straight "this is concluded." South Africa forgave too, but south Africa Had Truth and Reconciliation process. This issue is not yet over aka "closed" until we have seen and heard directly a closure.
2. On the second, although it doesn't seem like we are willing to forgive them, they are interestingly not only above the law but they are even almost all ignored as a puplic topicand even float with the political class due to their largess in the underworld. The only exception are thePirates who incidentally are facing foreign courts when caught.
3. Now the last which Mr Hashi is accused of. I am not saying the man is innocent, he may be as guilty as charged---but where is the due process for graft when PUBLIC MONEY is being exchanged right this minute concerning the naming of prime minister. i mean just think about this for a second---and for those who think "well at least HE has been taken" NO. NO YOU DO NOT UNDERSTAND EVEN AT A RUDIMENTARY LEVEL WHAT LAW AND JUSTICE IS. THE TAKE AWAY IS THE INVERSE. HASHI SHOULD ACTUALLY BE FREED FROM THAT COMPULSION IF GRAFT IS HAPPENING IN THE SAME GOVERNMENT, IN SYSTEMIC MANNER, AT THE HIGHEST LEVELS WITH IMPUNITY. THE IMPLICATION ISN'T WELL "AT LEAST SOMEONE" ---THE IMPLICATION IS THEN "NO ONE" SHOULD ARBITRARILY BE SUBJECTED INTENTIONALLY TO SELECTIVE COMPULSION. THAT MEANS RHE VIRUS IS BORN WHETHER INCUBATED. TYRANNY NOW HAS AN OBSERVABLE TRAIL FOR LAW WITHOUT DUE PROCESS OR SELECTIVELY APPLIED IS NO LAW AT ALL, IT IS TYRANNY.
WHETHER SUCH A SYSTEM FALLS AGAIN TODAY OR FALLS AGAIN 50 YEARS FROM NOW, WHAT WE SAY CAUSED THE DOWNFALL OF OUR LAST SYSTEM IS ONCE AGAIN STARTING TO INFECT.
Even more profoundly oppressive is the System enforcing the compulsion is AT THIS VERY MOMENT , not only accommodating but facilitating graft at a SYSTEMIC LEVEL.
It is like the town drunk judging public drunkenness.
Again, though we seem to have forgiven them even with or without closure, WARLORDISM HAS STOPPED. There is no place where it is accepted or is in force now let alone is a SYSTEMIC problem. Even with people like Madoobe or others..the effect some guys have is akin to warlordism BUT THEIR LEGITIMACY EMANATES FROM RECOGNIZED PARTICIPATION IN THE POLITICAL PROCESS. THE DISTINCTION IS LEGALLY BINDING.
Graft/corruption on the other hand hasn't stopped. Not only has it not stopped but it is SO SYSTEMIC, SO PERVERSE, SO IN YOUR FACE, AND SO ENTRENCHED AT THE HIGHEST TO THE LOWEST LEVEL
... ANY ATTEMPT OF THAT SAME SYSTEM TO MAKE A MOCKERY OF THE RULE OF LAW BY IMPOSING SELECTIVE COMPULSION IS BY ITS NATURE TYRANNICAL AND OPPRESSIVE.
The only reason the case of Abdullahi Hashi is even possible is because there is one other scapegoat and he just happens to have a different clan which is a mild little dressing on the selective compulsion
YAAQ SADE FUULIN LAWAA
Reer Guuleed Faarax niman maaha haday Abdullahi Xaashi Daarood sow dhacsan waayaan
If Reer Guuleed Faarax can't, then Reer Faarax Ugaas
If Reer Faarax Ugaas fail, then nimanka reer Khalaf Xussein
If Khalaf Xussein fail, then nimanka Maxamed Daauud,
Then nimanka Raad-Amiir, then nimanka Gaal-Shireedle
If Gaalshireedle fails, then waa hawl SADE meel alle meeluu doonaba ha joogee🧨
EQUALITY BEFORE THE LAW, NO TO SELECTIVE LAW
FOR SELECTIVE LAW IS NO LAW AT ALL BUT TYRANNY
HIS MATERNAL GRANDFATHER XAAJI MASSALE CAME TO GEDO ON HORSEBACK HARDLY STOPPING HIS GALLOP
AFTER SPITTING AT ITALIAN COLONIAL DICTATE IMPOSED THROUGH THE ONE 4X4 STONE SHED IN HOBYO THEY CALLED THE HOBYO SULTANATE WHOSE ONLY PURPOSE WAS STORING THE GUNS ITALY USED TO POSSESS THE INTERIOR
XAAJI MASSALE TOLD CALI YUUSUF KEENADIID TO STEP ASIDE WITH THE BARREL OF A STOLEN GUN
THEN HIM AND HIS BAND OF SADE SARMALEY RAIDED THE ENTIRE STOCK
SOMEN THEY THREW TO HABAR GIDIR ON THE PATH OF THEIR RUN TO MAREHAN COUNTRY WHERE XAAJI MASSALE DROPPED THE REST ON MAREHAN AND SAID
"I DON'T WANT TOEVER HEAR ANY OF YOU HAVE BEEN CONVERTED EVEN IF THEY CONVERT THE WHOLE LAND"
THAT WAS THE LAST DAY ANY ITALIAN SOLDIER OR OFFICIAL ENTERED CARRO MAREEXAAN WITHOUT SENDING AN EMISSARY A FORTNIGHT IN ADVANCE---THE ONLY SOMALI CLAN ACCORDED THAT DEFFERENCE IN THE ENTIRE PENINSULA
SADE ACTED IN THAT MAN WHO STOOD THAT DAY AS XAAJI MASSALE
HIM AND THE BRIGANDS THEN GOT ON THEIR HORSES AND HARDLY STOPPED EVEN FOR WATER IN THEIR GALLOP TO DIIRHARA, OR THE LARGE CAMEL GRAZING PLATEAU BETWEEN GARBAHAARAY AND LUUQ TO GO JOIN THE GALTI MIGRATION
NO BLOOD OF XAAJI MASSALE IS GOING TO BE SELECTIVELY COMPELLED IN THESE SAND DUNES OF SOMALIA,
ACCUSATION IS FAIR, BUT YOU DARN WELL GOING TO APPLY THE SAME STANDARD TO THE SAME ACCUSING SYSTEM
THE ONLY REASON IT EVEN COULD HAPPEN IS BECAUSE OF THE REER SHIIL, CABDILLE ALLAMAGAN PRESIDENT AND I THINK HE MADE A GRAVE MISTAKE ON THIS ONE WITH ALL DUE RESPECT TO VILLA SOMALIA
FARMAAJO DOESN'T LIKE MAREHAN TAKING ADVANTAGE OF HIM, WELL HE SHOULDN'T TAKE ADVANTAGE OF MAREHAN
BECAUSE UNDER NO OTHER "LEADER" WOULD SELECTIVELY LYNCHING MAREHAN STAND
HE IS A SOMALI PRESIDENT RIGHT, NOT A MAREHAN PRESIDENT I HEARD.
WELL MAREHAN IS A SOMALI CLAN, NOT A PRESIDENT'S CLAN
AND WE DARN WELL EXPECT AT THE MINIMUM THE SAME TREATMENT AS ALL OTHER CLANS
NOT A PENNY LESS
