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مجموعة أسئلة حول ملف الشيخ حسن طاهر أويس

كشف موقع “طعذو” الصومالي الأسبوع الماضي أن المفاوضات السرية بين الحكومة الصومالية وزعماء عشيرة “هبرجذر” بشأن ملف الشيخ حسن طاهر أويس المعتقل لدى السلطات الصومالية منذ يونيو الماضي، قد وصلت الي محطاتها الأخيرة وأن الجانبين توصلا الي إتفاق اطاري يسمح بموجبه اطلاق سراح الشيخ من محبسه السري ونقله الي مكان آخر داخل العاصمة مقديشو.

وأكد الموقع في خبر آخر نشره مطلع هذا الأسبوع أنه قد تم بالفعل نقل الشيخ من محبسه في مقر المخابرات  الي منزل “كبير” قريب من القصر الرئاسي يخضع لحراسة مشددة من قبل وحدة خاصة تابعة للمخابرات. وأضاف الموقع نقلا عن زعماء قبليين قولهم بأن الشيخ قد اعيد بعض حريته ويستطيع مقابلة من يريد زيارته أو الحديث معه.

وفي حال تأكد هذا الخبر، فإنه لا شك سيفتح الباب على مصراعيه لعدة أسئلة حول كيفية إدارة الحكومة لملف الشيخ حسن طاهر الذي كان من أبرز قيادات الحركات الاسلامية التي عارضت  بشدة الأنظمة السياسية التي تعاقبت على حكم البلاد إبتداء من نظام سياد بري مرورا بحكومتي عبدالله يوسف والشيخ شريف وإنتهاء بالنظام الحالي. ومعظم تلك الأسئلة ستتركز على الوضع القانوني للشيخ حسن طاهر ؛ لأن الأمر في نظر البعض يلفه قدر كبير من الغموض والإلتباس، ويحتاج الي توضيح وتبيان من الحكومة.

ومن أبرز تلك الأسئلة:

1- ما مدى قانونية الاجراءات التي اتبعتها الحكومة في إدارة ملف الشيخ  ؟

2-هل كان الشيخ  سجينا بحكم قضائي أم كان موقوفا على ذمة التحقيق؟

3- وفقا للقانون الصومالي.. كم يبقى الشخص رهن الإحتجاز على ذمة التحقيق ؟ وهل كانت تتم تمديدها بالنسبة للشيخ باستمرار ؟

4-  لماذا لم ترفع النيانة العامة دعوى ضده كغيره من السجناء المتهمين بذات القضايا؟

5- فاذا كان الرجل معتقلا بأمر من المحكمة أو النيابة العامة لماذا لم يتم حبسه في السجون العادية ؟

6- لما ذا خرجت القضية عن مسارها القضائي الطبيعي ؟ ولماذا جنحت الحكومة لمساومات  تعطل مسار العدالة في البلاد  ؟ 

7- ما دخل العشائر في أمر سجين يجب احالة ملفه الي القضاء للبت فيه؟.

8- وعلى أي أساس أطلق سراح الشيخ؟ ..وهل صدر بحقه حكم قضائي أم أفرج بعفو رئاسي؟

9- ما المحكمة التي استمعت قضية الشيخ؟

10- وماذا يكون مصير عشرات السجناء المتهمين بقضايا مماثلة في سجون الدولة؟ اليس المواطنون سواسية أمام القانون؟

11- ومتى تتحقق العدالة اذا لم يتم محاسبة المسؤولين عن الجرائم التي وقعت في البلاد خوفا من بطش عشائرهم ؟

لكن في المقابل يتسائل آخرون معارضون لإعتقال الشيخ

1- الا يكون إعتقال الرجل تعسفي ودون سند قانوني في ظل وجود كثيرين من رفقاء دربه طلقاء أحرار في داخل البلاد وخارجه دون أن تطالهم يد العدالة ؟  

2- اليس اعتقال الشخص بسبب قناعاته الدينية أو الفكرية محرم قانونا وشرعا؟

3- الا يتعارض اعتقال الشيخ  مع مواد 9، 10، 11 في الاعلان العالمي لحقوق الانسان؟

4- ما هي التهم الموجهة لهذا الشيخ المسن.. هل هي القتل، حيازة السلاح، ومواجهة الدولة…… ؟

5- من من السياسيين الحاليين أو السابقين براء من هذه التهم؟

6- هل يوجد في بلادنا قوانين واضحة تخص بالقضايا المتعلقة بالارهاب؟

7- هل يمكن أن يحصل الشيخ على محاكمة عادلة في ظل غياب بعض المؤسسات المعنية بهذا الشأن كمجلس حقوق الانسان مثلا..؟

8-  هل القضاء الحالي الذي أقر القاصي والداني على هشاشته وفساده مؤهل بالقيام بهذا الدور مع العلم أن التهم التي يتحدث عنها البعض ليست مجرد قضايا جنائية أو فصول من جرائم الأحوال الشخصية واضحة المعالم ومكتملة الأركان؟

9- الا يكون اعتقال الرجل في ظل الظرف السياسي والأمني الراهن في البلاد تهديدا للأمن القومي؟

10- هل تنتهي قضية الشيخ بمجرد مثوله أمام المحكمة سواء أدانته أو برأت ساحته دون أن نعير الإهتمام لباقي الموضوعات التي تؤثر عليها سلبا أويجابا؟

ماذا ينبغي للحكومة؟

 ملف الشيخ حسن طاهر معقد- ما من شك في ذلك- وله علاقة مباشرة بقضايا شائكة ومتشعبة الأطراف مثل، الإرهاب، والمصالحة الوطنية، والتوازنات القبلية وتيار الإسلام السياسي الداعم للحكومة، ولايمكن بأي حال من الأحوال إختزال هذا الملف وجعله مقتصرا على قضية واحدة دون الإلتفات الي باقي الموضوعات التي تؤثر على الملف سلبا أويجابا. وعلى هذا الأساس ينبغي للحكومة أن تحاول بقدر الامكان اقناع الرأي العام المحلي قبل الدولي بأهمية الخطوات التي اتبعتها لإنهاء ملف الشيخ وأن تجد أجوبة شافية لتلك الأسئلة السالفة الذكر لكن السكوت بهذه الشاكلة أو الإدلاء بتصريحات فضفاضة أمر يمكن من شأنه أن يهز ثقة المواطنين في حكومتهم الوليدة.

 

عبد الرحمن عبدي

كاتب وصحفي صومالي

مقالات ذات صلة

‫53 تعليقات

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