Somalia: Mascuud Warsame NISA Unlawful Detention

• Journalist Mascuud Warsame was unlawfully detained for 38 days in Mogadishu after being tricked into offering to help regain control of a government Facebook page.
• He was accused of hacking the Southwest presidential Facebook page by Salah Abdi Nur, head of NISA in Southwest State, despite his cooperation and denial.
• Mr. Warsame endured harsh detention conditions, including a tiny room with constant lights, poor food, and fear of attack from suspected Islamist militant inmates.
• The incident highlights the severe lack of due process and potential for abuse of power by security agencies like NISA in Somalia.
• Somalia remains one of the world's most dangerous countries for journalists, with over 80 killed and frequent harassment and detention for critical reporting.

His 38-day incarceration occurred without any formal charges, stemming from a deceptive request for assistance with a government Facebook page.

Journalist Mascuud Warsame, founder of the online media outlet Xogbile TV, recently endured 38 days of unlawful detention in Mogadishu, Somalia. Though a month has passed since his release, the harrowing experience remains vivid in his memory. He recalls the constant struggle to find sleep in a tiny room where lights often remained on throughout the night, alongside the physical discomfort of stomach pains and acid reflux attributed to the greasy prison food. A persistent fear also loomed over him: the threat of attack from fellow inmates, many of whom were suspected Islamist militants, simply because he was a journalist.

What resonates most deeply with Mr. Warsame is the profound sense of injustice. His 38-day incarceration occurred without any formal charges, stemming from a deceptive request for assistance with a government Facebook page. He expressed to CPJ his anguish over being held without due process, attributing his plight to an individual's misuse of authority. The uncertainty of his situation led to profound worry for his young family, a concern he articulated by noting that in Somalia, any outcome is possible under such circumstances.

The chain of events leading to Mr. Warsame's detention began just before midnight on June 30, when he received a misleading call from a journalist he knew, who worked for state media. The caller requested Mr. Warsame's expertise to help the Southwest State administration regain control of its presidential Facebook page, which was alleged to have been compromised by suspected allies of former regional President Abdiaziz Hassan Mohamed Laftagaren. Given his prior experience in restoring hacked accounts, Mr. Warsame agreed to assist.

During the call, Salah Abdi Nur, also known as Malin Salah, who serves as the head of the National Intelligence and Security Agency (NISA) in Southwest State, was added to the conversation. Mr. Salah reiterated the request for help but insisted that Mr. Warsame meet him at a NISA office located in Mogadishu's Hodan District, despite Mr. Warsame being at his office in the nearby Waberi District. Upon arrival at the NISA facility, transported by two plainclothes security officers in a Toyota Surf, Mr. Warsame noted the agency's logo and portraits of federal NISA chief Mahad Salad and federal President Hassan displayed prominently. Mr. Salah initially greeted him warmly, acknowledging their shared origin from Southwest State. However, the meeting quickly took a sinister turn when Mr. Salah accused Mr. Warsame of hacking the Southwest presidential Facebook page. Despite Mr. Warsame's denial and his willingness to cooperate by handing over his phone and providing passwords, confident in his innocence, Mr. Salah informed him he would be detained while his phone was investigated. Mr. Warsame spent his first night at the office, guarded by two armed men, and was questioned the following afternoon by an individual identifying as an investigator, who claimed the detention was due to two reports, including a June 2 video featuring a Somali federal lawmaker criticizing Southwest State legislators.

This incident involving Mascuud Warsame highlights the volatile political landscape within Somalia, particularly concerning the federal member states. Southwest State, one of Somalia's six federal member states, recently saw Sheikh Adan Mohamed Nur, also known as Adan Madobe, elected as its president in June. Mr. Nur, a former speaker of the federal parliament's lower house, is a known ally of the federal government in Mogadishu. His election followed the removal of former President Abdiaziz Hassan Mohamed Laftagaren in March, a consequence of a significant disagreement with federal President Hassan Sheikh Mohamud over national elections and a constitutional amendment.

The involvement of Salah Abdi Nur, the head of NISA in Southwest State, underscores the agency's pervasive influence and the potential for abuse of power within Somalia's security apparatus. The arbitrary nature of Mr. Warsame's detention—held for 38 days without charge, accused of a crime without evidence, and subjected to an investigation only after his arrest—illustrates a severe lack of due process. This case exemplifies the rule of law risks faced by individuals, particularly those interacting with powerful state security agencies like NISA, where arbitrary detention and the misuse of authority can occur with alarming frequency.

Mascuud Warsame's experience is a stark reminder of the extreme dangers faced by journalists in Somalia, consistently ranked among the world's most perilous nations for media professionals. The Horn of Africa country has been embroiled in conflict since 1991, grappling with ongoing clashes between Islamist militants and the federal government, further complicated by internal disagreements with regional authorities. This protracted instability has created an environment where freedom of the press is severely curtailed, and human rights for journalists are frequently violated.

Over 80 journalists have been killed in Somalia during this period, and many more are routinely harassed and detained for their critical reporting. Despite the profound challenges and the personal trauma of his unlawful detention, Mr. Warsame remains resolute. He affirmed that his difficult 38 days behind bars have not deterred him from pursuing his passion for journalism, underscoring the resilience required to operate in such a high-risk environment.

This incident underscores the severe rule of law risks and lack of due process for individuals, particularly journalists, interacting with state security agencies like NISA in Somalia. Legal professionals advising clients in the region must account for the high potential for arbitrary detention and abuse of power, especially concerning digital activities.

Source: Original reporting via CPJ