Among other positions, Mr M. G., of Somalian nationality, was the President of the Somali High Court from 1971 until the demise of Siad Barré’s government on January 26, 1991. During his mandate, several death sentences were imposed and political opponents were severely repressed. For example, a Minister, a senior official and 11 demonstrators who had organized strikes on political and religious grounds were all convicted and executed.
In May 1994, M. G.’s asylum application was turned down because of his potential involvement in serious violations of human rights, but was granted entry into Swiss territory on a temporary basis.
On November 5, 2007, TRIAL filed a report of torture allegedly committed by M. G. before the Canton of Geneva’s Attorney General. Despite numerous reminders, Geneva’s prosecution authorities did not take any action on the report. The Federal Administrative Court, which was called upon to refer the situation to Geneva’s Attorney General, also refused to intervene.
The complaint was finally closed on July 24, 2008, by the Attorney General, who considered that the accusations submitted in the criminal report were not sufficiently accurate. In addition, the Public Prosecutor considered that sending a rogatory commission to Somalia would be doomed to failure.