The Relations of the Somali Prosecutor with Police Investigators in Pre-Trial Criminal Procedures—The Missing Legal Framework
- 1 European Union Capacity Building Mission in Somalia, Mogadishu, Somalia
Abstract
According to the UN GUIDELINES ON THE ROLE OF PROSECUTORS (1990), prosecutors shall perform an active role in criminal proceedings and, where it is authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these investigations. This prosecutorial involvement constitutes an increasing tendency, even in countries where the prosecutor has no formal role in investigations, using the mechanism of the police seeking advice at the investigative phase (particularly in complex cases, such as fraud, corruption or terrorism). Somali law declares the leading role of the public prosecutor in the investigation of crime—Article 8.1 (A) of the Organization of Judiciary Law and Article 12 (3, 4) of the Criminal Procedure Code. These declarations, however, are not sufficient to guarantee the leadership of the Somali public prosecutor in pre-trial criminal procedures. His/her leading role should be strengthened by further developing the Criminal Procedure Code. The objective of this article is to identify the issues which should be additionally regulated to consolidate the leading position of the prosecutor, especially in his/her relations with police investigators.
- Di Federico, G. (2008). Prosecutorial Accountability, Independence and Effectiveness in Italy. In Promoting Prosecutorial Accountability and Effectiveness, Comparative Research (pp. 299-339). Sofia: Open Society Institute.
- EUCAP Somalia (2017). Maritime Legal Seminar Held in Mogadishu. https://www.eucap-som.eu/maritime-legal-seminar-held-mogadishu
- Fijnaut, C. J. C. F., & Van Daele, D. (2002). The Public Prosecutor’s Office in the Member States of the Council of Europe: Its Relationship with the Police and Its Task in Relation to Victims. In Council of Europe (Ed.), Harmonisation and Co-Operation between Prosecutors at European Level (p. 17). Straatsburg: Council of Europe.
- Girginov, A. (2017). Judicial Cooperation with Foreign Countries in the Penal Field (p. 3). Saarbrücken: LAP Lambert Academic Publishing.
- Mwalili, J. (1998). The Role and Function of Prosecution in Criminal Justice. In Annual Report for 1997 and Resource Material Series No. 53, Visiting Experts’ Papers (pp. 218-236). Tokyo: UNAFEI. https://www.unafei.or.jp/publications/pdf/RS_No53/No53_23PA_Mwalili.pdf
- O’Connor, V., & Rausch, C. (2008). Model Codes for Post-Conflict Criminal Justice, Volume II: Model Criminal Procedure Code (pp. 153-280). Washington DC: USIP Press Books. https://www.usip.org/publications/model-codes-post-conflict-criminal-justice
- Trendafilova, E., & Roth, W. (2008). Report on the Public Prosecution Service in Germany. In Promoting Prosecutorial Accountability and Effectiveness, Comparative Research (pp. 213-246). Sofia: Open Society Institute.
- UNODC United Nations Office for Drugs and Crime (2014). The Status and Rule of Prosecutors (pp. 39 and 40). New York: A United Nations Office on Drugs and Crime Guide, UN.
- Waters, T. (2008). Overview: Design and Reform of Public Prosecution Services. In Promoting Prosecutorial Accountability and Effectiveness, Comparative Research (pp. 21-72). Sofia: Open Society Institute.