Date of publication:

04/09/2025

Somalia

Do domestic laws and policies include provisions of human 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 uphold the right to humane and dignified conditions of detention, including for refugees and asylum seekers. Both jurisdictions have incorporated provisions that mandate the treatment of all detainees with respect and in accordance with international human rights standards. These include requirements for appropriate detention facilities, access to adequate healthcare services, and the provision of basic necessities such as food, water, and sanitation. The legal frameworks also emphasize the importance of separating immigration detainees from individuals held on criminal charges, thereby recognizing the administrative nature of immigration detention. In Somaliland, the Refugee and Asylum-Seekers Act of 2023 reinforces these standards by requiring that detention conditions respect the dignity and rights of asylum seekers. Similarly, Somalia’s constitutional protections and relevant policy guidelines stress the humane treatment of all individuals deprived of their liberty. Together, these provisions demonstrate a commitment to ensuring that conditions in immigration-related detention are lawful, safe, and consistent with international obligations, including those set out in the International Covenant on Civil and Political Rights and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

    LAW & POLICY

    Related provisions of domestic law or policy

    Criminal Procedure Code

    Legal provision

    Article 29.1 - Execution of Arrests

    A person to be arrested shall be so informed, together with the reasons for the arrest.

    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.

    Puntland Juvenile Justice Law
    • Year: 2007
    • Type: Domestic law
    • Rights Category: Liberty & security of person

    Legal provision

    Article 16 - Duties of Juvenile Rehabilitation Centers

    Rehabilitating and reforming juvenile who commit offenses without resorting to imprisonment. Separating juvenile from the adult prison population to safeguard juvenile’s well-being and to avoid the negative influences through adult offenders. Providing protection, education, and training to juvenile. "Providing all other necessary support, care, and services juvenile may require."