Europe: Torture is Internationally Prohibited

Power Abuse – a Prosecutor in Thurgaue Get Involved the Systematic Torture of Refugee Children

The Case of the Somali Journalist in Thurgau, Switzerland

Background
In 2012, in the Swiss canton of Thurgau, a notable case emerged involving a Somali journalist, who had previously received a Human Rights Watch award for his courageous reporting on human rights abuses in Somalia. This journalist, who had sought refuge in Switzerland, found himself targeted by a local prosecutor under dubious circumstances.

Prosecutorial Misconduct
The Somali journalist was subjected to a campaign of character assassination orchestrated by a prosecutor with alleged far-right nationalist sympathies. This campaign included the manipulation of evidence and the misuse of legal procedures to create a false narrative around the journalist.

Involvement of Somali Translators
Complicating the situation was the involvement of Somali translators employed by the Thurgau canton. Some of these translators had familial ties to extremist groups from Somalia residing in Thurgau, who held a grudge against the journalist for his previous reporting. It is confirmed that these translators provided misleading translations and testimonies, which were then used by the prosecutor to build a case against the journalist; the prosecutor used those Somali translators knowing their conflict of interest with the journalist.

Methods of Manipulation
– Fabrication of Evidence: The prosecutor apparently fabricated evidence to paint the journalist as involved in criminal activities, thus undermining his credibility and deterring further investigations into his past work.
– Coercion of Witnesses: There were reports of coercion and intimidation of witnesses, including threats and psychological pressure, to provide false statements against the journalist, for instance the prosecutor manipulated evidence and used his authority to place the journalist’s nieces under the care of the extremist group leader in Wil, St.Gallen. This leader, known for his connections to the group the journalist had exposed, was directed to torture and coerce the nieces into providing false testimony against their uncle that alarmed Somali elders in elders in Switzerland and prompted them to convene a meeting to intervene the situation and engaged in community discussions convened in the Sheikh Ahmed Hisri’s house (the above mentioned extremist group leader), and the negotiations seemed to like freeing hostages as confirmed to us by a Sonali elder known as Abdullahi Mugabo in Wil.

Mohamed Ibrahim Asker from Romanshorn has confirmed to us two other serious incidents prior to the elders meeting prior to the elders meeting g in Wil, where Mohamed accompained the journalist to visit his nieces and then witnessed the horrible attempted murder in the train in Wil, by a team from Arbon prepared and well informed by the Sheikh Ahmed Hirsi, the journalist survived the murder because Mohamed Ibrahim Askar pulled him out of the train before it closed its doors and started moving.

The incident, Mohamed describes as the Sheikh Ahmed Hirsi attacking the journalist in the mosque shortly after surviving the murder attempt, where the journalist returned to the mosque to ask the Sheikh about why he prepared and sent the Arbon team to murder him in the train ? A question that pushed the Sheikh to attack the journalist by himslef.

Misuse of Legal Authority: The prosecutor’s actions represented a significant abuse of legal authority, utilizing the justice system to target and silence a critic under the guise of legal proceedings.

Impact on the Journalist
This campaign had severe personal and professional repercussions for the journalist:
– Legal Battles: He faced numerous legal challenges, including defamation suits and criminal charges based on manipulated evidence.
– Public Perception: The character assassination attempt severely damaged his reputation, making it difficult for him to continue his work as a journalist.
– Safety and Well-being: The ongoing harassment and legal battles took a toll on his mental and physical health, as well as his sense of security.

Broader Implications and Response
– Human Rights Concerns: This case raised significant human rights concerns, prompting calls for an independent investigation into the prosecutor’s conduct and the involvement of the Somali translators.
– Support from Advocacy Groups: Human rights organizations, including Human Rights Watch were not aware of this happening to him.
– Policy Reforms: The case highlighted the need for stricter oversight of prosecutorial conduct and the use of translators in legal proceedings to ensure fairness and impartiality.

Once upon time, there was an award winning journalist (EAD) from Africa who miraculously landed in SVP’s stronghold canton (thurgau) in the eastern party of Switzerland…the journalist has unintendedly fallen into their trap, earlier and in many occasions they asked him, why he was there ? and how could he get refugee status in their stronghold canton and they were apparently looking for possible excuses to orchestrate (Character Assassination against him) to justify and revoke the refugee status from him by simply connecting him to any imaginary crime and their attempts commenced in early 2011 to create connection for him with drugs etc which happened to be unsuccessful. The journalist himself commenced to complain to the local police about potential al-shabab elements and their threats against him and that the vicious elements stole his laptop and that they physically attacked him in Weinfelden and Wil, because of he was conducting journalistic research about secret Somali children recruitments as child soldiers and writing some articles about them like this one published by the SomaliSwiss online news (https://somaliswisstv.com/2011/03/25/macaanbaa-qaraar-dhalay…-mahuraanku-waa-carar…muruq-taaruf-bey-timid-faallo/)

At that moment time, SVP found its purpose in complicating his situation and criminalising him by ignoring his legitimate calls to access legal remedy to end his plight and they aborted his request to the local immigration authority to transfer/relocate him to another canton where he could survive the daily threats and physical attacks in Thurgau. The local immigration ignored his requests that were supported by the Reporters Without Borders Swiss Section with recommendations, meanwhile SVP joined forces against him.

One of the vicious elements who were threatening the journalist, has posted a pocket knife on his Facebook account, on 12/06/2012 and he commented on the post saying that; ”I will use this pocket knife to kill the journalist in Sulgen.” – Translated from Somali language. See the post below:

Facebook Post from Ismail Abdullahi using different names

In September 2012, two al-shabab elements again attacked him with pocket knife and stick, fortunately, he was accompanied by an African man who repelled their attack and consequently sustained injuries and also one of the attackers sustained simple to medium injuries. Unfortunately, his African company escaped but later contacted the state assigned SVP lawyer (Michael Alde)⁵, appointed by the SVP prosecutor (irene scheidegger). Subsequently the prosecutor arrested him briefly and released him with charges of simple injury and trespass of the asylum home etc. but confiscated his two nieces (Hani & Zuhur) and defiantly placed them under the guardianship of Sheikh Ahmed Hirsi, (the leader of the al-shabab elements) against whom the journalist was complaining about all the time.

As part of a wider manipulation game, the pocket knife used for the crime was hidden by the two assailants in Arbon and the prosecutor never questioned them about its whereabouts, as it contained their finger prints and never searched their home to find the pocket knife and never considered Ismail’s Facebook post back in June 2012 where he said in the comment that he will use that pocket knife to kill the journalist in Sulgen. Basically the prosecutor believed whatever the opponents of the journalist said and did not believe a single word from the journalist himself (which confirms how the manipulation and bias were planned) and other manipulation tactics included:

Destroying videos and recorded voice evidences brought by the journalist forward
Assigning SVP lawyer (colleague) to the case
Inviting another SVP prosecutor into the case to join forces against the journalist
Denying to assign independent and competent lawyer to the case
Confiscating his nieces and placing them under the guardianship of his opponents
Denying him to access justice in order to address the attacks against him and the theft of his laptop
Never mentioning in any part of the any protocol that the journalist asked the local police for help and access to legal remedy and request to relocate to another region to avert violence
The prosecutor created own narrative to mislead and further complicate the situation
Denying him access justice regarding the physical attack against him in Weinfelden and the attempted murder in Wil St.gallen perpetrated by the group from Arbon and organized by Sheikh Ahmed Hirsi
Denying to release the videos recorded by the public cameras during the attacks in Weinfelden and Wil
Threatening the only witness for the attempted murder in Wil with the revoking his permit residence, if he speaks out the truth.
Inviting Somali translators who were clan relatives of the other side and allow them to influenced the whole process
Eventually the alleged victim was also kicked out of the country and was not allowed to enjoy his legal rights as a victim of alleged crime, because apparently the prosecutor used him temporarily as an instrument to defame and criminalize the journalist and once the mission is accomplished… (…) he was eventually kicked out of the system and ended up seeking asylum in Belgium and France. The smart prosecutor was able to strike two birds (two schwarze schaffe) with one stone, as SVP’s policy dictates and did not believe that the alleged victim was a real victim but a temporary instrument to achieve some vicious goals. The family of the alleged victim has commissioned a TikToker to trace him in Belgium and in France as in this video (https://youtube.com/shorts/Bbv1nALpNVI?feature=share)…the alleged victim was reported that he used to sell and use drugs in thurgau and obviously that has damaged his brain and therefore lacked the ability to live a healthy life.

Now, as you read this, imagine if there could be a glimpse of hope for the journalist to wish a fair process in such hostile environment and climate of fear ?

Local white Swiss citizens who once experienced similar threats, said that; ”they had bad experience with local police in Thurgau when she went to report to them about threats they received and that they were surprised that the local police did not understand well what al-shabab is, and they continued saying; ” i can now imagine that it would be a huge challenge for a black person who speaks broken German and who is complaining about al-shabab elements threatening him and his family, to get help from this local police”

His Nieces Were Placed Under The Guardianship of His Opponents… (The Means Justifies the End)

Nightmares Started for the Two Innocent Baby Girls (Children) as they were intentionally placed under the Sheikh Ahmed Hisri’s guardianship⁶, who instantly subjected them to systematic torture in his house as confirmed by the legal medical report later in February 2013…(whole their bodies show signs of torture with big, medium and small scars). The prosecutor had the full knowledge that the Sheikh was taking reprisal against the two children but was indifferent to that because the prosecutor wanted that the Sheikh to prepare both children for possible interview by the prosecutor in order to use their coerced statements against the journalist, therefore; the prosecutor violated the convention against torture and other cruel, inhumane or degrading treatment or punishment adopted 10 December 1984 by the general assembly resolution 39/46 Article 1 & 2 and The Charter of Fundamental Rights of the EU that guarantees the protection of the rights of the child by the EU institutions and by EU countries when they implement EU law. Article 24 on the rights of the child and Article 32 on the prohibition of child labour specifically cover children’s rights.

Lul Abukar, the mother of the children placed under the guardianship of Shiekh Ahmed Hisri, could not bear the situation because of the torture of their children and the persisted attacks and the attempted murder against their in Wil, St.Gallen organized by the Sheikh and perpetrated by his colleagues, the incident was witnessed by Mohamed Ibrahim Askar and was caught by the public security cameras in the train station as well as the lack of legal remedy to exit this very problem. Lul (the mother) decided to rescue their children and escape with them in late January 2013, as the law of the jungle was applied to their situation.

Subsequently, another SVP prosecutor (Stefan Miori)⁷ was assigned to prosecute the journalist and consequently his award money was confiscated as the lead prosecutor became very annoyed and furious, changed previous charges against him into (attempted killing… etc). Stefan Miori sent Interpol message to the Netherlands to arrest the mother of the children. Netherland’s feedback was that they are not in position to do anything as they can’t support Somali group against another.

The journalist experienced and tasted fully how bitter justice under SVP can be and consequently lost his permit residence ”B” as his legal status was lowered to refugee status with permit residence ”F” but he insisted asking for canton change which remained to be impossible and that forced him to give up his legal rights for the sake of his own security and in order to avoid history repeating itself as all factors that led to his plight were untouched present in Thurgau.

AAD Research Team

References

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