Date of publication:
01/08/2026
Somalia
Do domestic laws and policies provide detainees with the right to recourse to effective administrative or judicial remedies?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration have established legal mechanisms that enable detainees, including refugees and asylum seekers, to challenge the legality of their detention before an independent and impartial authority. National laws guarantee the right to appeal detention decisions, access legal assistance, and seek judicial review, ensuring that detention procedures adhere to principles of due process and transparency. These frameworks require that individuals be promptly informed of the reasons for their detention and of their right to contest it through administrative or judicial channels. In South and Central Somalia, UNHCR works in close coordination with the National Commission for Refugees and IDPs (NCRI) to advocate for unlawfully detained refugees and support their access to justice. In Puntland, legal aid for detained refugees and asylum seekers is provided by Kullow, a specialized legal aid partner offering representation and legal guidance. In Somaliland, detainees benefit from legal aid services delivered through clinics operated in partnership with the University of Hargeisa, ensuring meaningful access to legal representation and judicial recourse. These legal provisions reflect both governments’ commitments to safeguarding the rights of detainees and upholding fair and lawful detention practices in line with international standards
Related provisions of domestic law or policy
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 107 - Judicial Procedure
(1) Judicial proceedings shall be open to the public, but the courts may decide, in the interests of ethics, national security, the protection of witnesses, in cases involving juveniles, or concerning rape, that the proceedings be held in private. (2) No judicial decision shall be made unless all parties have had the opportunity to present their case. (3) Reasons shall be given for all judicial decisions
Article 106 - Judicial Independence
(1) The judiciary is independent of the legislative and executive branches of government whilst fulfilling its judicial functions. Members of the judiciary shall be subject only to the law. (2) No civil or criminal proceedings shall be instituted against a judge in respect of the exercising of any judicial function. (3) The home or person of a judge cannot be searched without the authorization of the Judicial Service Commission.
Article 105 - The Judicial Authority of the Federal Republic of Somalia
(1) Judicial authority is vested in the courts. (2) The judicial structure shall be regulated in a law enacted by the Federal Parliament
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