Date of publication:
04/09/2025
Somalia
Do domestic laws and policies prohibit the unlawful and arbitrary deprivation of liberty?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have established legal frameworks that prohibit unlawful and arbitrary deprivation of liberty, providing important safeguards for the protection of refugees and asylum seekers. The Provisional Constitution of the Federal Republic of Somalia (2012) affirms that no person shall be deprived of liberty except in accordance with the law, thereby establishing a constitutional guarantee against arbitrary arrest or detention. Puntland's legal framework reinforces this principle through its Refugee Protection Law, which affirms the right of refugees and asylum seekers to liberty and security of person, and mandates that any restriction on freedom must adhere strictly to due process and lawful procedures. In Somaliland, the 2023 Refugee and Asylum-Seekers Act explicitly prohibits arbitrary detention and upholds the right to personal liberty for those seeking asylum, aligning with international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the 1951 Refugee Convention. These legislative provisions across Somalia, Puntland, and Somaliland demonstrate a regional commitment to safeguarding fundamental freedoms and ensuring that refugees and asylum seekers are protected from unlawful detention, in accordance with both national law and international legal standards.
Related provisions of domestic law or policy
Puntland Refugee Protection Law
- Year: 2016
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 30.5 - (General rights and obligations of Refugees
No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law.
Somaliland Refugee Protection Law
- Year: 2023
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 29.5 - The Right to Stay in the Country
It is prohibited to discriminate against an asylum seeker based on his nationality, ethnic identity, color, religion, ethnicity, and any characteristic that may cause discrimination.
Puntland IDP Guidelines
- Year: 2011
- Type: Domestic policy
- Rights Category: Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Principal 8 - Protection and Assistance during and after displacement
The Puntland Government respects and protects the right to life, dignity and physical, mental and moral integrity, and the right of liberty and security of IDP women and girls, boys and men in accordance with the Constitution, international human rights and humanitarian law standards, and shall: a) Protect the inherent right to life by law; b) Protect IDP women, girls, boys and men equally from attacks or other acts of violence, as well as assaults on their dignity and physical, mental or moral integrity; c) Protect IDPs from discriminatory arrests and detention as a result of their displacement; and d) Protect IDPs against discriminatory practices of recruitment into any armed forces or groups as result of their displacement. In particular, any cruel, inhumane or degrading practices that compel compliance or punish non compliance with recruitment are prohibited in all circumstances. Under no circumstance shall displaced children be recruited nor be required or permitted to take part in hostilities
Constitution of Somalia
- Year: 2012
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2012/en/97615
Legal provision
Article 15.1 - Liberty and Security of the Person
Every person has the right to personal liberty and security
Criminal Procedure Code
- Year: 1963
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://snupgd.wordpress.com/wp-content/uploads/2019/08/1963_criminal_procedure_code_of_somalia_-_english_version.pdf
Legal provision
Article 35 Mandatory Arrest of Persons caught in the Act of a Crime (in Flagrante Delicto)
A person shall be arrested without a warrant if caught in the act of committing (in flagrante delicto): a) any offence, attempted or committed, against the Personality of the State for which the punishment is imprisonment or a more serous punishment; b) any offence, attempted or committed, of: i) escape from lawful custody; ii) devastation and pillage; iii) slaughter; iv) knowingly causing epidemics, poisoning of water or foodstuff; v) carnal violence, acts of lust committed with violence, unnatural offences committed with violence, abduction for purposes of lust; vi) abortion without consent; vii) murder, infanticide, death caused to a person with his own consent with aggravating circumstances, grievous or very grievous hurt, pre intentional homicide, affray with aggravating circumstances; viii) insult with aggravating circumstances in respect of which proceedings are initiated by the State. ix) Reduction to slavery, dealing and trading in slaves, enforced subjection; x) Seizure of a person; xi) Theft in respect of which proceedings are initiated by the State, robbery, extortion, killing or injuring of animals belonging to another in respect of which proceedings are initiated by the State.
Article 29.1 - Execution of Arrests
A person to be arrested shall be so informed, together with the reasons for the arrest.
Somalia Refugees and Asylum Seekers Law
- Year: 2023
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Article 5 - Guiding Principles
The recognition and protection of refugees and asylum seekers under this law shall be guided by the following principles: 1. Respect for inherent dignity and individual autonomy, including the right to make personal decisions
Somali Penal Code
- Year: 1962
- Type: Domestic law
- Rights Category: Liberty & security of person, Nationality & facilitated naturalization
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1964/en/72335
Legal provision
Article 460 - Seizure of a Person
Whoever deprives another of personal liberty shall be punished with imprisonment from six months to eight years.
Article 461 - Illegal Arrest
A public officer who, other than in the cases allowed by law, effects an arrest, or, being in charge of a prison, receives therein any person without an order from the competent Authorities, or unduly delays the execution of the punishment, shall be punished with imprisonment up to three years.
Somaliland IDP Policy Framework
- Year: 2015
- Type: Domestic policy
- Rights Category: Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Legal provision
Section 5.11 - Legal, documentation, safety and security
The Government shall facilitate legal access and protection for internally displaced persons (IDPs) by: Upholding the rule of law to ensure victims of rights violations have access to legal assistance and related services; Ensuring protection actors possess the capacity to respond to and refer protection cases appropriately; Establishing community-based mechanisms to support protection responses; Guaranteeing access to the issuance and replacement of personal documentation; Ensuring prompt and impartial investigations into all security-related incidents; Protecting IDPs from arbitrary arrest and detention based on their displacement status; and Establishing referral pathways and raising awareness—particularly in the Somali language—on available legal services and procedures, including for children.