Organization of The Judiciary

—Organization of The Judiciary

—Chapter One

— Article I

—Courts And Jurisdiction

—Justice shall be administered  by the following Courts:

1.District Courts

2.Regional Courts

3.Courts of the appeal

4.Supreme Court

—Article 2: District Courts

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4. The criminal Section shall have jurisdiction with respect  to the offence punishable under  the penal code with imprisonment for a period not exceeding 3 years  or fine not exceeding 3000 Somali Shillings or Both.

5. Separate Civil section  of the district court may  be constituted outside its normal seat with territorial limits of the districts by decree of the Minister of Grace and Justice having Higher Judicial Council.

—Article 3 Regional Court

1.Then regional Court shall have its seat in the regional head quarters  and shall have jurisdiction over the whole territory of the region.

2. The regional Court shall have two sections, the General Section and Assize Section.

3. The Cases in General Section shall be heard by single Judge, the general Section should have jurisdiction over:

     A) In Civil matter, over controversies which are not in the jurisdiction of the district court.

     b) In the criminal matters, with the respect to crimes not within the jurisdiction of the district court, the assize section and the military penal section provided for under paragraph 6

—Continue Article 3

4. the assize section shall consists of the president of the regional Court and two assessors. It should have  jurisdiction with respect to the crimes not within the jurisdiction of the military penal section which are punishable with death, imprisonment for life, or imprisonment for not less than 10 years.

5. The General Section and the assize sections may hold sessions outside their normal seats  within the territorial limits of the court at such places as may be necessary for convenient and speedy  administration of justice.

6.There shall be established military penal  section regional court of Mogadishu and Hargeisa which shall consist  president of regional court and two military accessories. The military penal section  in the regional court of Mogadishu  shall have jurisdiction over the regions in the Banadir,  upper and Lower Juba,Hiran, Migurtenia (Nord East) and Mudug.

The military penal section in the regional Court of Hargaisa should have jurisdiction over the regions of Hargeisa and Buro.

7.The military penal section shall have jurisdiction respect  with the crimes committed  by military personnel  which are punishable under military Penal Laws.

8. There may be established laws  by law tax section  in the regional courts having jurisdiction in the first instance on the matters referring on the taxation.

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—Article 4   Court of  Appeal

1.The court of the appeal shall have its seat in each regional head Quarters  and shall have jurisdiction over the whole territory of the region.

2. The court of appeal shall have two sections, the general appellate section and the assize  appellate section.

3.Casess in appellate section shall be heard  by a single Judge. This section shall hear appeals against Judgments of the district court and the general section of the regional court.

4.There shall be established a military penal appellate  section in the courts of appeal of Mogadishu and Hargaisa which shall consist of the President of  the Court of Appeal and four military accessories; it shall, within territorial limit, referred to in article 3 paragraph 6 Hear appeals against judgments  of the military penal section of the regional Court.

6. There may be  established by law  tax appellate sections in the courts of appeal which shall exercise appellate jurisdiction in tax maters.

—Article 5 Supreme Courts

1. The Supreme Court shall have its seat in Mogadishu and shall have jurisdiction over the whole territory of the Republic. It shall consist of  the President,  a Vise President and four judges.

2.The Supreme Court  shall ensure  respect  for, and the uniform applications of the law and shall exercise any other functions as may be attributed to it  by the constitution or by law.

3.Casess before the Supreme Court shall be heard by a division bench of three judges. Such bench shall have jurisdiction over:

    

—Continue Article 5

A.appeals against judgments given by any court  in its appellate jurisdiction or against judgments given by any court  in its appellate from which appeals lie directly to the Supreme Court;

B.petitions against final decisions  of the public administration;

C. petitions relating of rendering of accounts by officers handling by public Funds.

 D. Petitions  for revision of Judgments in criminal matters

4. A full Bench of the supreme of the court shall consists of five judges and shall have  Jurisdiction over   

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—Continue Article 5

—A petitions disputing the validity of the election disputes of the national assembly in accordance with article 59 of the constitution.

—  Controversies  relating to conflict of jurisdiction or competence among judicial organs.

—Any other matters by the president to be of particular importance even though such matter is in within the scope of the previous paragraph. 

—Constitutional Court or High Court of Justice

—1)-The Supreme Court constituted as the Constitutional Court or the High Court of Justice shall carry out the duties respectively conferred on it by articles 99 and 102 of the Constitution.

—2)-The organization and functioning of the Supreme Court constituted as the Constitution Court or the High Court of Justice shall be governed in accordance with annex 1 to this Law.

—          Office of the Attorney General

—Composition of the office of the Attorney General.

—The office of the Attorney General shall have its seat in Mogadishu. It shall consist of the Attorney General (Il Procuratore Generale) and four Deputies.

—Duties of the office of the Attorney General:

—1)-It shall be the duty of the Office of the Attorney General to ensure respect for the law and to respect 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 Forces or Inspectors authorized by law, investigate, institute, and conduct criminal proceedings;  

—                             Cont.

—B)-whenever he considers that public interest is involved, he shall institute and conduct, or intervene in civil proceedings;

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