Office Of the Attorney General Of Somalia

INTRODUCTION

The office of the attorney General is extremely confusing and misleading due to the difference in the constitutional and legal systems. Somalia lacks a Director of Public Prosecution (DPP), However, all criminal investigations and case prosecutions are handled by the Attorney General of the Country.

Under article 7 of the Judicature Act 1962, provides that the Attorney-General Consists of the Attorney General and Four deputies.  The Attorney-General is nominated by the President of Somalia after the recommendation of the Council of Ministers of Somalia. While his Four deputies were nominated by the President after the consultation of the Attorney-General.

It should be noted that the office of the Attorney-General is a part of the Judicial system. Under article 15 of the Judicature Act 1962, states that the Judiciary Consists of Members of the Judiciary and the Prosecutors.  

FUNCTION OF THE ATTORNEY-GENERAL OF SOMALIA

Under Article 12 (4) of the Criminal Procedure Code of 1973 states that when so considered necessary, the Attorney-General may, at any stage of the proceedings, in order that his own office shall take over the investigation or the prosecution of any case.  

According to Article 8 of the Organization of the Judiciary, Legislative Decree No. 3 of 12 June 1962, stated that the duty of the Office of the Attorney General should ensure and respect for the law and to protect the rights of the State, public organs and incapacitated persons. To this end, the Attorney General:

a)     Shall either directly or through his Deputies or through Police Officers or inspectors authorized by law, investigate, institute and conduct criminal proceedings;

b)    Whenever he considers that public interest is involved, he shall institute and conduct, or intervene in civil proceedings.

c)     The Attorney General’s Office gives the Police authority to carry out the tasks of tracking down and preventing crimes.

d)    The Office of the Attorney-General shall closely monitors the conditions of prisons and other detention facilities, as the Prison Act.

In exercising his or her powers under this Article 47 of the Civil Procedure Code of 1974, the Attorney-General shall have regard to the Public interest, and the need to prevent abuse of legal process.

Article 14 of the Prison law no. 7 of 1971, the Attorney-General or His Deputy shall exercise such supervision over prisons and other penal institutions as is necessary and desirable to ensure the proper care and treatment of prisoners in conformity with the laws. While article 14 paragraph 2 states that the Attorney-General or his Deputy shall, at any time he thinks fit, call on and examine the condition of any prison, other panel institution, and prisoners confined therein and shall, if he so desire, question any prisoner and shall record any observations. The commanding Officer shall, without undue delay, forward such observations to the Commandant together with his report on the action taken.

Article 63 of the Prison Regulations of 1984, stipulates that the Commissioner-General of Prisons may receive a report from the Attorney General, the Deputy Attorney General, and their agents following an inspection visit to the prisons.

Young children and orphans are under the responsibility of the attorney general as per article 15 of the Judicature act of 1974.

POWER OF THE ATTORNEY-GENERAL OF SOMALIA

The Attorney-General can arrest a person if they have probable cause to believe that the person has committed a crime. According to article 12 paragraph 2 of the Criminal Procedure Code of 1973, stipulates that the Attorney-General shall have power of arrest, detention, search and sequestration of properties and any such powers which are given to any court, Judge or to the Attorney-General by the Code.

According to Article 17 of the Judicature Act of 1974, the responsibility of overseeing the police detectives lies with the attorney general, who also possesses the power to suspend them. However, it should be noted that the deputy attorney general does not hold the same level of powers under paragraph 2 of the above mentioned article.

Conclusion

The Attorney-General is responsible for the country to institute, conduct and supervise prosecutions and related proceedings.  In certain instance, the Attorney-General performs the duties of the State-Attorney whose responsibility is to represent any proceedings against the government both at national and international courts. In recent example is that, the Attorney General of Somalia represents the state in the case concerning Maritime Delimitation in the Indian Ocean between Somalia and Kenya on 2014.