Diyya Instead of Death: A Human Rights Case for the Abolition of the Death Penalty in Somalia
CSHRD delegate participated in 9th World Congress in Paris (June 29 – July 03, 2026)
A Policy Report by the Coalition of Somali Human Rights Defenders (CSHRD)
Prepared by: Coalition of Somali Human Rights Defenders (CSHRD)
Date: July 15, 2026
Executive Summary
The Coalition of Somali Human Rights Defenders (CSHRD) firmly believes that the death penalty has no place in Somalia’s current justice system. Rather than serving justice, capital punishment has become a tool of political repression, institutional abuse, and irreversible human rights violations. Somalia’s judicial institutions lack the legal safeguards required under international human rights law to impose an irreversible punishment such as execution.
This report argues that Diyya (blood compensation), deeply rooted in Somali customary traditions (Xeer) and Islamic jurisprudence, offers a more humane, restorative, culturally accepted, and rights-respecting alternative to capital punishment. While Diyya is not proposed as a complete substitute for criminal accountability in every case, it provides a viable framework for replacing executions in crimes where the death penalty is currently imposed.
CSHRD therefore calls for an immediate moratorium on executions, followed by the complete abolition of the death penalty and comprehensive reform of Somalia’s criminal justice system.
1. Introduction
For decades Somalia has maintained the death penalty despite possessing one of the weakest judicial systems in Africa. Executions continue to be carried out by military courts, federal courts, and regional administrations under procedures that frequently fail to satisfy even the minimum guarantees of due process.
The irreversible nature of capital punishment demands the highest standards of justice. Unfortunately, Somalia lacks nearly every institutional safeguard required before such punishment could ever be considered lawful or legitimate.
The right to life is protected under international human rights law, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights. These standards require strict due process, equality before the law, and effective judicial remedies—requirements that Somalia currently cannot consistently guarantee.
2. The Abuse of the Death Penalty in Somalia
CSHRD has documented that the death penalty is frequently applied beyond the “most serious crimes” permitted under international law.
Instead of being an exceptional punishment, it has increasingly become a routine judicial response to offences including:
Terrorism-related charges;
Political rebellion;
Security offences;
Military offences;
Murder cases with inadequate investigations;
Cases involving political opponents;
Alleged collaboration with armed groups.
In numerous instances, political considerations appear to influence prosecutions and sentencing, undermining judicial independence and public confidence.
When capital punishment becomes vulnerable to political misuse, it ceases to be justice and becomes an instrument of state abuse.
3. Absence of Fair Trial Guarantees
A death sentence should never be imposed unless the accused has benefited from the strongest procedural protections available.
Somalia consistently fails to provide these safeguards.
CSHRD has identified serious concerns including:
Lack of qualified criminal defence lawyers;
Inadequate legal aid;
Trials completed within extremely short periods;
Heavy reliance on confessions;
Limited disclosure of evidence;
Intimidation of defendants;
Weak witness protection;
Limited judicial independence.
Without effective legal representation, an accused person cannot adequately challenge evidence, call witnesses, or present a meaningful defence.
An irreversible punishment imposed under these conditions fundamentally violates the right to life and the right to a fair trial.
4. The Absence of a Functional Supreme Federal Court
One of the most alarming structural deficiencies is the absence of a fully functioning and authoritative Federal Supreme Court capable of reviewing all death sentences.
International standards require meaningful appellate review before any execution.
However:
judicial structures remain fragmented;
federal and regional jurisdictions frequently overlap;
inconsistent interpretations of criminal law exist;
many convictions effectively become final without comprehensive judicial scrutiny.
Without an independent highest court capable of correcting judicial errors, wrongful executions become an unavoidable risk.
5. Regional Misuse of Capital Punishment
Regional administrations, particularly:
Puntland,
Jubaland,
Hirshabelle,
Southwesst,
have repeatedly imposed death sentences through judicial processes that often deny defendants meaningful opportunities to appeal.
Military courts frequently hear civilian cases despite international standards discouraging such practices.
In several instances:
executions have occurred rapidly after conviction;
appeals have been unavailable or ineffective;
legal representation has been inadequate.
Such practices are incompatible with the African Charter on Human and Peoples’ Rights and international fair trial standards.
6. Failure to Respect Regional Human Rights Standards
Somalia has committed itself to African human rights principles.
Nevertheless, CSHRD remains concerned that judicial authorities do not adequately implement or give practical effect to decisions and standards developed under the African human rights system.
Regional human rights mechanisms have repeatedly emphasized:
protection of the right to life;
due process guarantees;
judicial independence;
progressive abolition of the death penalty.
Ignoring these standards further weakens protection against arbitrary executions.
7. Corruption Undermines Justice
Corruption remains one of the greatest threats to Somalia’s justice system.
CSHRD has documented allegations involving:
bribery;
political influence;
manipulation of investigations;
interference with prosecutors;
unequal treatment based on social status or clan affiliation.
Where corruption exists, no irreversible punishment can ever be considered reliable.
Justice cannot coexist with corruption.
8. Allegations of Prisoner Substitution
Among the most disturbing allegations documented by CSHRD are cases involving the substitution or swapping of prisoners.
Reports suggest that individuals sentenced to death have, in certain cases, allegedly been replaced by other detainees, including persons originally held for administrative offences or unrelated matters.
Some of the allegations are verified, and they represent one of the gravest miscarriages of justice imaginable.
A justice system vulnerable to identity manipulation can never safely administer capital punishment.
9. Outdated Criminal Laws
Somalia’s criminal legislation is largely derived from legal frameworks dating back several decades.
Many provisions:
predate modern international human rights law;
contain vague offences;
lack adequate procedural protections;
fail to reflect developments in criminal justice.
Comprehensive legal reform is urgently needed before any discussion of severe punishment can be considered.
10. Why Diyya Offers a Better Alternative
CSHRD proposes greater reliance on Diyya as a culturally legitimate alternative to execution.
Diyya has long existed within:
Somali customary law (Xeer);
Islamic legal traditions.
Unlike execution, Diyya focuses on:
accountability;
restitution;
reconciliation;
compensation to victims’ families;
restoration of social harmony.
Rather than taking another life, Diyya seeks to repair harm while respecting the sanctity of human life.
It allows victims to receive meaningful compensation while avoiding irreversible miscarriages of justice.
When combined with imprisonment, rehabilitation, restorative justice, and judicial reform, Diyya can contribute to a justice system that better balances accountability with human dignity.
11. Recommendations
CSHRD calls upon the Federal Government of Somalia to:
1. Immediately declare a nationwide moratorium on executions.
2. Abolish the death penalty in law and practice.
3. Reform the Penal Code and Criminal Procedure Code.
4. Establish a fully functioning Federal Supreme Court.
5. Guarantee competent legal representation in all criminal cases.
6. Ensure meaningful rights of appeal before any final criminal sentence.
7. Investigate allegations of corruption and prisoner substitution.
8. Strengthen judicial independence.
9. Promote restorative justice mechanisms, including Diyya where appropriate and consistent with human rights.
10. Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
11. Align Somalia’s justice system with regional and international human rights obligations.
Conclusion
The death penalty presupposes a justice system that is independent, impartial, transparent, and capable of correcting its own mistakes. Somalia’s current justice system does not yet meet these standards.
Where political interference, corruption, weak legal defence, limited appeals, fragmented courts, outdated legislation, and allegations of serious procedural abuses persist, capital punishment becomes incompatible with justice.
CSHRD therefore concludes that the death penalty is not applicable under the present circumstances in Somalia. The irreversible nature of execution, combined with systemic deficiencies, creates an unacceptable risk of arbitrary deprivation of life.
Replacing executions with Diyya, alongside comprehensive judicial reform, offers a culturally grounded and human rights–based path toward justice. Such an approach protects the rights of victims, respects the dignity of offenders, strengthens social reconciliation, and upholds the fundamental principle that every human life has inherent value.
Justice should heal society—not perpetuate irreversible harm. For Somalia, the path toward a fairer and more humane future begins with the abolition of the death penalty.
By I. A. (For CSHRD)