3.5. Further challenges faced by vulnerable, minority groups and IDPs

In Somalia, members of marginalised clans and groups are particularly vulnerable to torture and gender-based violence,316 including in prisons and detention facilities.317 The judicial and correctional environments are ‘prone to corruption’ and are ‘heavily influenced by clan-based politics’. This often results in illegal detention of individuals from minority groups, with many of them unjustly held in detention or convicted.318 According to the NRC, lack of civil registration and other legal identity documents among IDPs engender protection concerns, particularly for women and children. Being unable to prove their identity ‘when stopped by police creates risks of arrest and detention’.319

Limited resources and lack of clan support further exacerbate minority groups’ marginalisation and affects their ability to seek justice or redress. Besides, it further impacts their living conditions while in detention. Many members of minority and marginalised groups are also IDPs living in Mogadishu, who experience intersectional forms of discrimination.320

In the period 2020-2024, female inmates, including girls and children, accounted for 95 % of the survivors of reported GBV incidents while in detention.321 Of these, about 75 % originate from IDP communities. Documented acts of GBV in detention include rape, gang rape, and sexual assault.322

Children associated with Al-Shabaab, or suspected of being associated with the militant group, are treated as adult criminals regardless of their particular status. Whether they surrender, are captured, or apprehended in the course of mass arrests or military operations, notably in Mogadishu, they are typically transferred to NISA’s custody. While their treatment might be inconsistent - depending on family and clan ties, which play a crucial role - during their detention they may be forced to provide written or recorded confession under duress, they may undergo physical abuse akin to torture, or they may be tried and sentenced by military courts, always without proper independent oversight.323

While in detention, people without support from their family or clan often lack access to sufficient medical services.324 Children who reside in prison with their mother experience the same living conditions and encounter similar healthcare challenges. Being their healthcare a responsibility of their mother’s relatives, they might be unable to afford it, while the prison establishment does not step in.325