(Unity of the Judiciary)
1. The Judiciary of the republic shall be unified.
2. No extraordinary or special judicial whole may be established.
3. There may be established, within the ordinary judiciary, specialized sections
for specific subjects.
4. The people shall participate, in the manner prescribed the law, in criminal
cases for serious crimes.
5. The jurisdiction of military tribunals in time of peace and war shall be
established by law. In time of peace, they shall have jurisdiction only over
offences committed by members of the armed forces.
Auricle 110
(Guarantees of the judges)
1. In exercising their judicial functions, judges shall be subject only to law.
2. Judges may not be transferred or removed except in situations specified by
law.
3. Conditions, system of appointment, promotion, transfer, retirement and the
legal status of the judges, in general, shall be established by law.
4. Judges shall not hold offices, perform services or engage in activities
incompatible with their functions.
5. Administrative and disciplinary measures relating to judges shall be adopted
by decree of the president of the republic, on the proposal of the minister of
justice and recommendations of the High Judicial Council.
6. Impeachment of judges for offences relating to the performance of their duties
shall be authorized by the president of the republic, on the recommendations
of the High Judicial Council.
7. The High Judicial Council shall be in charge of matters of judicial organs, and
shall be the body that guarantees judges the right to independently perform
their duties. The law shall determine the formation, authority and functions of
the council.
Article 111
(Judicial procedure)
1. Judicial proceedings shall be, in principle, speech and public except in
extraordinary situations specified by law.
2. No judicial decision may be taken unless all the parties thereto have been
given an opportunity to present their pleadings or defence.
3. Judicial decisions and measures concerning personal liberty or otherwise shall
state the grounds therefore, and shall be subject to appeal in accordance with
the law.
4. In performance of their duties, judicial authorities shall directly use the
services of security forces.
5. Judicial rulings shall be issued in the identity of the Somali people.
Auricle 112
(General Mandate)
The General Prosecution shall be a unified judicial whole, and the law shall
establish its authority and functions. |