We, the undersigned women’s rights organisations, human rights defenders, civil society organisations, and advocates for justice and democratic freedoms in Somalia, express our deep concern regarding the arbitrary detention of Ms. Sadia Moalim Ali, a tuktuk driver, social activist, and outspoken advocate for social justice, who was arrested in Mogadishu on 12 April 2026 and remains in detention. Her detention raises serious concerns about the protection of fundamental rights and freedoms, including freedom of expression, peaceful assembly, and civic participation in Somalia.
Ms. Sadia Moalim Ali was apprehended by officers reportedly affiliated with the National Intelligence and Security Agency (NISA) in connection with her peaceful civic engagement, including her activity on social media platforms and participation in non-violent demonstrations.
She was initially held at Hamar Jajab Police Station for two days before being transferred to Mogadishu Central Prison on 14 April 2026, following a custody order issued by the Banadir Regional Court on 13 April 2026 authorising her detention for investigations.
The decision to authorise prolonged pretrial detention in this context raises serious concerns regarding compliance with due process guarantees, proportionality, judicial oversight, and the potential misuse of national security and public order laws to restrict peaceful dissent and civic participation, particularly among women activists and human rights defenders.
The Banadir Regional Court custody order cites Articles 269, 320, and 328 of the Somali Penal Code. These provisions are broadly framed and have, in practice, been used in ways that risk criminalizing legitimate criticism of public institutions and restricting the exercise of fundamental freedoms, including freedom of expression, peaceful assembly, and public participation.
Concerns Regarding the Application of Articles 269, 320, and 328 of the Somali Penal Code
The charges brought against Ms. Sadia Moalim Ali under Articles 269, 320, and 328 of the Somali Penal Code raise serious concerns regarding the compatibility of these provisions with Somalia’s constitutional guarantees and its international human rights obligations. Article 269, which criminalizes conduct deemed offensive to the “honour” or “prestige” of legislative, administrative, or judicial institutions, permits imprisonment for statements or expressions considered insulting toward public authorities. The broad and vague language used in this provision creates significant room for arbitrary interpretation and enforcement, particularly against journalists, activists, women human rights defenders, and individuals critical of state institutions. In democratic societies governed by the rule of law, public institutions are expected to tolerate a higher degree of scrutiny and criticism, especially where such expression relates to matters of public interest and accountability.
Similarly, Articles 320 and 328, which relate to offences against public order, appear to have been applied in a manner that risks criminalizing peaceful civic engagement rather than addressing legitimate criminal conduct. These provisions have frequently been interpreted expansively in cases involving peaceful protest, criticism of public authorities, and legitimate civic advocacy. Their application against Ms. Sadia Moalim Ali, raises concerns about the misuse of public order legislation to suppress dissenting voices and discourage public participation in civic affairs. Such measures have a particularly harmful impact on women activists and defenders who already face structural barriers, intimidation, and retaliation for participating in public life.
The use of these legal provisions against democratic participation and assembly is inconsistent with protections guaranteed under the Constitution of Somalia, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights. The continued reliance on vague and broadly framed offences to justify prolonged detention undermines due process, weakens democratic space, and risks creating a climate of fear that discourages citizens particularly women and young activists from exercising their fundamental rights.
THer detention raises serious concerns regarding violations of the rights to freedom of expression, peaceful assembly, association, due process, equality before the law, and protection from arbitrary arrest and detention, as guaranteed under these legal frameworks.
The detention of Ms. Sadia Moalim Ali is not an isolated incident. Over recent years, Somali security agencies, including NISA, of unlawful detention, intimidation, enforced disappearances, and abuses against civilians, journalists, activists, and women. One of the most painful and emblematic cases remains the disappearance of female intelligence officer Ikran Tahliil in 2021. Ms. Ikran Tahliil disappeared after reportedly being taken by individuals linked to state security structures. Conflicting official narratives and the absence of an independent and transparent investigation continue to fuel serious concerns regarding accountability and impunity. Her case became a symbol of the dangers faced by women in public service and highlighted the lack of protection and justice for victims of enforced disappearance in Somalia.
Civil society organizations and international observers have also documented numerous incidents in which civilians were allegedly detained by NISA without judicial warrants, denied access to legal counsel, or held incommunicado for prolonged periods. Intimidation, arbitrary arrests, surveillance, and threats have targeted journalists, social media commentators, women activists, and peaceful protesters. Women human rights defenders are particularly vulnerable to gender-based intimidation and retaliation intended to silence women’s participation in public affairs.
The continued detention of Ms. Sadia Moalim Ali sends a troubling message regarding the shrinking civic space facing women activists, journalists, and human rights defenders in Somalia. Protecting democratic participation and fundamental freedoms requires that state institutions act in accordance with constitutional guarantees, due process standards, and Somalia’s regional and international human rights obligations.
In light of the above, we:
- Demand the immediate and unconditional release of Ms. Sadia Moalim Ali;
- Call on Somali authorities to respect and uphold the rights to freedom of expression and peaceful assembly;
- Urge the Federal Government of Somalia and relevant judicial authorities to ensure full respect for due process guarantees, including access to legal representation, family contact, judicial oversight, and fair legal procedures in all detention cases;
- Demand independent, transparent and impartial investigations into allegations of arbitrary detention, abuse of authority, enforced disappearance, and other human rights violations committed by security agencies and state actors;
- Call for an end to the misuse of vague and broadly framed public order, defamation, and national security laws against activists, journalists, women human rights defenders, and individuals engaged in peaceful civic and political expression;
- Call on Somali authorities to respect, protect, and uphold the rights to freedom of expression, peaceful assembly, association, and democratic participation as guaranteed under Somalia’s Constitution and international human rights obligations; and
- Call on international partners, the African Union, the United Nations, diplomatic missions, and human rights mechanisms to closely monitor this case and raise concerns with Somali authorities at the highest levels.
Signatories
- Iniskoy for Peace and Development Organization – IPDO
- Marginalized Group Action Network – MAGAN
- Nagaad Network
- SASDO
- Somali Women Advocacy Association – SWAA
- Somali Women and Child Care Association – SWCCA
- Somali Women and Girls Rights Development Organization – SWGRDO
- Somali Women and Resilience Organization – SWRO
- Somali women Development Center – SWDC
- Somali Women Vision – SWV
- SOYAL
- SOYVA
- Strategic Initiative for Women in the Horn of Africa – SIHA Network
- Voice of Somali Women Minority Organization – VOSOMWO
- Witness Somalia