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Appendix F Excerpts, Law No. 54 and Penal Code of the Somali Democratic Republic Following are the articles from Somali Law No. 54 of 10th September, 1970, for safeguarding national security, and from the penal code under which the individuals discussed in this report have been charged. 65
67 LAW NO. 54 Chapter I Crimes Against the Somali State Article 1 Acts against the independence, unity or security of the Somali State Whoever commits, participates, aids or abets in the commis- sion of, an act which is detrimental to the independence, unity or security of the Somali State shall be punished with death and his properties shall be confiscated. Article 2 Citizen who bears arms against the Somali State and joins the civil or military service of a country at war with the Somali State Any Somali citizen who: (a) bears arms against the Somali State; (b) joins the civil or military service of any state which is a state of war with the Somali State or which has been declared as a hostile state by the Somali State; shall be punished with death, and his properties shall be confis- cated. Article 3 Organizing subversive associations 1. Whoever organizes any association whose aims or activities are directed against the national unity or directed towards sub- verting or weakening State authority shall be punished with death and his properties shall be confiscated. 2. Whoever participates, aids abets in organizing an associa- tion referred to in paragraph 1 above shall be punished with life imprisonment. 3. The association referred to in paragraph 1 above shall be dissolved and their offices and properties, if any, shall be confis- cated.
68 Article 4 Conspiracy against the State Whoever conspires with, or contacts, a foreign power or its agents to perform any hostile act against the State shall be pun- ished with death and his properties shall be confiscated. Article 8 Banditry Whoever organizes or participates in armed bands for the pur- pose of attacking public or private property, or of subverting or weakening State authority, or of resisting the members of the Na- tional Security Forces entrusted with apprehending offenders shall be punished with death and his properties shall be confiscated. Article 19 Possession of seditious material 1. Whoever possesses any seditious printed, typed, taped or written material against the State shall be punished with impris- onment for a term of five to fifteen years, or a fine of Sh. So. 5,000 to Sh. So. 15,000, or both. 2. The term "seditious" means inciting disaffection, hatred or contempt against the State or against any of the organs of the State. Chapter VI Jurisdiction Article 24 Jurisdiction The National Security Court shall have jurisdiction over the crimes under this Law. Chapter VIE Final Provisions Article 25 Repeal Any Law or provision contrary to, or inconsistent with, this Law is hereby repealed.
69 Article 26 Entry into force 1. This Law shall be included in the Official Compilation of Laws of the Republic and shall be published in the Official Bulletin. 2. This Law shall come into force immediately. 3. All persons shall observe it, and cause others to observe it, as a law of the Republic. Mogadishu, 10 Sept. 1970 Major General Mohamed Siad Barre PRESIDENT of the Supreme Revolutionary Council PENAL CODE OF THE SOMALI DEMOCRATIC REPUBLIC Article 44: More than One Breach of One or Various Provisions of Law by One or More Acts Whoever, (a) by a single act or omission, (b) violates various provisions of law, or (c) commits more than one breach of the same provision of law, shall be punished for the various offenses provided for by law. In such a case, the punishment imposed in the same judgement shall be added together, subject to the maximum limits fixed by law. Article 71: Punishment for Those Who Participate in an Offense Where (a) more than one person participates (b) in the same offense, (c) each of them shall be liable to the punishment prescribed therefor, except as otherwise provided in the following articles.
