In Somalia, at the end of 2006, troops of the transition government in Mogadishu defeated the Islamic Courts with the help of the Ethiopian military. The courts were seen by an increasingly larger portion of the population as the only force capable of bringing order after twenty years of total chaos. Under the circumstances, the violent insurgency led by Al-Shabaab and other groups like Hizbul Islam became even more violent, and the role of Islamic tribunals was strengthened, having its jurisdiction expanded to common crimes with its sentences being difficult to appeal. Since then, thanks to institutional power struggles in the Country and rampant corruption, all attempts failed to bring peace, stability and democracy to Somalia. The elections were held in Kenya because Mogadishu was considered too dangerous. When, in 1991, the “clans” overthrew the dictator Siad Barre, the Country was torn apart by a bloody power struggle between fighting clans, which has seen thousands of victims.Īfter thirteen years of chaos, attempts at establishing a government and two years of peace talks held under the auspices of the international community which sought to consider the principal divisions between clans, in October 2004, the transitional Parliament elected Abdullahi Yusuf Ahmed as the new President of the Country and gave life to a Transitional Federal Government (TFG). In Somalia, until 1991, there were at least three types of courts: that of the State, that of Islam and the traditional courts which were all charged with settling disputes between people of the same clan. The Penal Code of Somalia represents an amalgam of various legal systems and traditions.
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