Date of publication:

01/08/2026

Somalia

Do domestic laws and policies provide for humane and dignified conditions of detention for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Analysis

The Federal Government of Somalia and the Somaliland administration have established legal frameworks that provide minimum procedural safeguards for all detained individuals, including refugees and asylum seekers. Both jurisdictions guarantee the right to be informed promptly of the reasons for detention, the right to legal representation, and the right to challenge the lawfulness of detention before a competent judicial authority. These safeguards are embedded in the Provisional Constitution of Somalia and the legal instruments governing refugee protection in Puntland and Somaliland, aligning with international human rights standards such as the International Covenant on Civil and Political Rights (ICCPR). Judicial review mechanisms are in place to ensure that detention is subject to oversight, preventing arbitrary or prolonged deprivation of liberty. In South and Central Somalia, UNHCR collaborates with the National Commission for Refugees and IDPs (NCRI) to advocate for the rights of refugees and asylum seekers in detention and to facilitate their access to justice. In Puntland, legal aid services are provided through Kullow, a dedicated legal aid partner assisting detained refugees and asylum seekers in navigating the legal system. In Somaliland, detainees benefit from legal representation and support through legal aid clinics operated in partnership with the University of Hargeisa. These structures collectively reinforce the commitment of both governments to uphold due process and ensure fair treatment for all individuals deprived of their liberty, including those in need of international protection.

    LAW & POLICY

    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 30.6 - General rights and obligations of Refugees

    In cases where a Refugee demonstrates the inability to afford or obtain legal assistance, the Puntland Government shall appoint a lawyer for any Refugee who is accused in a criminal matter or who is subject to an application for an order under Article 8 of this Law.

    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 34.2 - Access to Courts and Legal Defence

    Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine: (a) Any question of civil rights and obligations; or (b) Any criminal charge

    Criminal Procedure Code

    Legal provision

    Article 39.1 - Person Arrested without Warrant to be taken before a Judge

    A person arrested without warrant shall be taken immediately, and in any case not later than 48 hours from the time of his arrest, before the competent Court or before the Court nearest to the place of arrest: provided that the time necessary to travel to the Court from the place of arrest shall not be included in the 48 hours.

    Somali Penal Code

    Legal provision

    Article 462 - Abuse of Authority Towards Person Arrested or Detained

    A public officer who subjects to rigorous measures not allowed by law a person arrested or detained, of whom he has the custody, even temporarily, shall be punished with imprisonment up to three years.