Complaints & Investigations

PURPOSE OF THE COMPLAINTS MECHANISM

The complaints and investigations mandate exists to:

• Provide victims with a trusted avenue to seek help
• Identify and address human rights violations
• Prevent future violations through accountability
• Strengthen rule of law and public trust in institutions
• Promote justice, dignity, and fairness

Submitting a complaint is your right.

The Commission’s services are free of charge.

WHO CAN SUBMIT A COMPLAINT

Any person or group may submit a complaint, including:

• Somali citizens
• Internally Displaced Persons (IDPs)
• Refugees, returnees, and migrants
• Women and children
• Persons with disabilities
• Minority and marginalised communities
• Civil society organisations acting on behalf of victims

You do not need a lawyer to submit a complaint.

WHAT TYPES OF COMPLAINTS CAN BE SUBMITTED

The Commission can receive complaints related to:

• Unlawful arrest or detention
• Torture, ill-treatment, or abuse
• Discrimination or exclusion
• Violations against women and children
• Forced evictions of IDPs
• Denial of access to justice
• Abuse of power by public authorities
• Systemic or widespread human rights violations

Complaints may relate to actions or omissions by:

• Government institutions
• Security forces
• Public officials
• Private actors where human rights are affected

WHAT THE COMMISSION CANNOT DO

For clarity and transparency, the Commission does not:

• Act as a court of law
• Replace or overturn judicial decisions
• Interfere with active court proceedings (unless systemic violations arise)
• Prosecute criminal cases directly

Instead, the Commission investigates, recommends, monitors, and reports.

HOW TO SUBMIT A COMPLAINT

Complaints can be submitted through multiple accessible channels:

1. Online Complaint Submission

• Secure online form
• Mobile-friendly
• Available in Somali, Arabic, and English

2. Walk-In Complaints

• Visit the Commission’s office
• Assistance provided for those who cannot read or write

3. Written Complaints

• Letter or secure email
• May be submitted by individuals or organisations

4. Confidential & Sensitive Complaints

Special procedures exist for:

• Survivors of sexual or gender-based violence
• Children
• Persons facing threats or retaliation
• Whistle-blowers

Confidentiality is strictly protected.

INFORMATION TO INCLUDE (IF POSSIBLE)

When submitting a complaint, try to provide:

• What happened
• Date and location
• Who was involved
• Any documents, photos, or evidence (if available)

Lack of evidence does not prevent you from submitting a complaint.

THE COMPLAINTS HANDLING PROCESS

What Happens After You Submit a Complaint

Transparency builds trust. The Commission follows a clear, step-by-step process.

RECEIPT & REGISTRATION

• Complaint is formally registered
• Complainant receives acknowledgment
• Case number assigned

ADMISSIBILITY & JURISDICTION REVIEW

The Commission assesses whether:

• The issue falls within its legal mandate
• The complaint concerns a human rights matter
• Immediate protection measures are needed

If the complaint is inadmissible, the Commission:

• Explains the reason clearly
• Refers the complainant where appropriate

INVESTIGATION

Depending on the case, investigations may include:

• Interviews with complainants and witnesses
• Requests for information from institutions
• Review of official records
• Site visits (including detention facilities)
• Expert consultations

Investigations are conducted:

• Independently
• Impartially
• Respectfully
• Confidentially

FINDINGS & ANALYSIS

The Commission determines:

• Whether a violation occurred
• Which rights were affected
• Which institution bears responsibility

Findings are based on:

• Evidence
• Law
• Constitutional standards
• Human rights principles

RECOMMENDATIONS

Recommendations may include:

• Corrective action by authorities
• Policy or legal reform
• Institutional accountability measures
• Remedies for victims
• Preventive measures

FOLLOW-UP & MONITORING

The Commission:

• Tracks implementation of recommendations
• Engages institutions for compliance
• May issue public updates or reports

JURY PANELS & ALTERNATIVE DISPUTE RESOLUTION

Where appropriate, the Commission may establish Jury Panels to:

• Hear specific complaints
• Facilitate mediation or reconciliation
• Recommend remedies or compensation

This mechanism respects:

• Somali social traditions
• Islamic principles of reconciliation
• Victim consent and dignity

Decisions of Jury Panels may be subject to judicial review as provided by law.

OWN-MOTION INVESTIGATIONS

The Commission may initiate investigations on its own initiative where:

• Violations appear systemic or widespread
• Vulnerable groups are affected
• Public interest requires intervention

Own-motion investigations strengthen:

• Preventive action
• Early warning
• Institutional accountability

DETENTION MONITORING

Prevention of Torture and Abuse

The Commission conducts regular and unannounced visits to:

• Police stations
• Prisons
• Military detention facilities
• Any place where people are deprived of liberty

What the Commission Assesses:

• Lawfulness of detention
• Conditions of detention
• Treatment of detainees
• Access to lawyers and healthcare
• Protection of vulnerable detainees

PROTECTION OF COMPLAINANTS

The Commission takes measures to:

• Protect confidentiality
• Reduce risk of retaliation
• Handle sensitive cases discreetly
• Prioritise safety of victims

Retaliation against complainants is unacceptable.

FREQUENTLY ASKED QUESTIONS (FAQ)

Do I need to pay to submit a complaint?

No. All services are free.

Can I submit a complaint anonymously?

Yes, in certain cases.

Will the Commission keep my information confidential?

Yes.

Can the Commission arrest people?

No. The Commission investigates and recommends action.

HOW COMPLAINTS FEED INTO REPORTS & REFORMS

Complaints are not treated in isolation. They contribute to:

• Thematic reports
• Policy recommendations
• Parliamentary submissions
• Institutional reform

This ensures systemic change, not just case-by-case responses.