| 83 |
Is the law enforcement agency (i.e. the police) effective? |
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83a:
In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.
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| Score: |
100 |
75 |
50 |
25 |
0 |
 |
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Comments: The appointments to the law enforcement agency are not made according to professional criteria because the government divides power under the "four point five system."
References: Interview with a professor and a CSO representative who wish to remain anonymous.
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83b:
In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
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Comments: No agency receives regular funding from the government because the government does not have regular financial resources.
References: Interview with a professor and a CSO representative who wish to remain anonymous.
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83c:
In practice, the law enforcement agency is protected from political interference.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments: No agency of the government is free from political and tribal interference.
References: Interview with a professor and a CSO representative who wish to remain anonymous.
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| 84 |
Can law enforcement officials be held accountable for their actions? |
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84a:
In law, there is an independent mechanism for citizens to complain about police action.
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| Score: |
YES |
NO |
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Comments:
References: Article 39, Paragraph1: "1- Whoever suffers damages from acts or omissions in violation of his rights by officials or employees of the State or of public bodies in the performance of their duties shall have the right to obtain compensation from the State or the public bodies concerned."
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84b:
In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The law enforcement agency cannot adequately respond to citizen complaints in a reasonable time because the government cannot control some parts of the country. There is no working court system because Somalia has been without effective government since the ouster of Siad Barre.
References: Interview with a professor and a CSO representative who wish to remain anonymous.
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84c:
In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.
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| Score: |
YES |
NO |
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Comments:
References: There is no applicable law.
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84d:
In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no anti-corruption agency or (a group of agencies) which is legally addressed corruption Any agency cannot freely initiate investigations into corruption cases because Somalia without effective government since ousted Siad Barre.
References: Interview with a professor and a CSO representative who wish to remain anonymous.
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84e:
In law, law enforcement officials are not immune from criminal proceedings.
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| Score: |
YES |
NO |
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Comments:
References: Article 58, Paragraph1: "No criminal proceedings shall be instituted against a sitting judge, nor be interrogated as object of criminal investigation or his person or domicile be searched nor shall be arrested unless caught in the commission of crime, or without the authorization of the Judicial Service Council."
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84f:
In practice, law enforcement officials are not immune from criminal proceedings.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
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Comments: Law enforcement officials do not work properly because Somalia has been without effective government since the ouster of Siad Barre in 1991.
References: Interview with a professor and a CSO representative who wish to remain anonymous.
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