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أزمة منظومة العدالة في الصومال

القصص والروايات المتداولة بين الناس في فساد منظومة القضاء في العالم العربي حاكيات لا تنتهي وكلما سمعت خبرا غريبا جاء بعده خبرا أكثر منه فظاظة وأعظم منه غرابة ، وقد وصل حال القضاء في هذه المنطقة إلى مستويات خطيرة ومفزعة لم يصل إليه من قبل حيث تجرأ بعض القضاة  بإصدار أحكام بالجملة قد تصل عقوبتها بالإعدام أو البقاء خلف القضبان بأزمنة طويلة من غير اكتراث لحيثيات أنظمة التقاضي ورعاية مكانة القضاء وأهميته في تحقيق العدالة وانصاف المظلومين .

ومن أغرب القصص المروية في فساد القضاء وهشاشته ما حكاه وتحدث به الأكاديمي والاستاذ الجامعي الصومالي الدكتور صادق إينو عن مأساة يندى لها الجبين وقال فيها  روى لي  نائب عام صومالي قائلا  : في يوم من الأيام وأنا جالس في مكتبي في النيابة العامة إذ سمعت صراخا وعويلا أمام مكتبي ، فلما سألت عنه علمت أن رجلا يريد مقابلتي من غير موعد مسبق وأن موظفي المكتب حالوا بينه وبين ذلك ، فطلبت منهم السماح له بالدخول ، فوجه إلي طلبا عاجلا من غير مقدمات وناشدني العمل من أجل انقاد رجل حكم عليه بالإعدام ولم يبق من تنفيذ الحكم عليه إلا بمصادقة الرئيس ، وقد وصلت الأوراق إلى مكتبه ، والجريمة التي يعاقب عليه هي بأنه قتلني ( المتحدث مع النائب العام هو المقتول  ) ، معلنا بأنه وارء هذه المكيدة القذرة .

فقال له النائب اجلس وأعد علي الكلام !!! ، قال يا سيادة النائب أنا المسؤول عن هذه المؤامرة ، ولكن تداركت نفسي قبل فوات الأوان وتبت عن فعلتي هذه ، ولا أريد أن يلقى الرجل بهذا المصير المؤلم.

فسأل النائب الرجل عن هذه القصة وأبعادها !! ، فقال أيها النائب : كنت مغتربا في خارج البلاد ودفعت إلى صاحبي  مالا  من أجل تأسيس شركة تجارية بيننا ، فاستولى على حصتي ثم تزوج على زوجتي من غير وجه شرعي ، فحنقت عليه وأردت الانتقام منه ، فحبكت خيوط المؤامرة بحنكة وجدارة وقدمت الرشوة  إلى كل من : ضابط المخفر للقبض عليه ، وضابط البحث الجنائي لتحرير ملف القتل ، ومدير المستشفى لإصدار التقرير الطبي في حالة الوفاة، ووكيل النيابة لرفع القضية إلى المحكمة ، ثم أرشيت محاميه حتي لا يظهر عوار القضية ، كما قدمت الرشوة للقاضي ليحكم عليه بالإعدام ، ثم رفعت القصية إلى محكمة الاستئناف ، فأيدت الحكم السابق بسبب المال الفاسد ، ولا زلت أقدم الرشوة لمسؤول السجن إلى أن يتم تنفيذ الحكم عليه ، وأحضر يوم إعدامه لكي ترى عينه عيني ويوقن  بأني انتقمت منه على سوء فعلته ، لأداوي شرفي المكلوم ومالي المغصوب ، ولكن بعد هذه المعركة الشيطانية عاد إلي عقلي وتفكيري وعلمت أني تجاوزت حدود الشرع وأقدمت على عمل شنيع لا يتناسب مع ما أصابني من ظلم واعتداء على شرفي ومالي ، ولأجل ذلك أطلب منك المساعدة في ايقاف هذه المهزلة القبيحة . ا.ه .

قلت : ليست الغرابة في هذه القضية وما فعله الشريك الخائن في شريكه  ورفيقه ، وما قام به الشريك المكلوم المظلوم في محاولة الانتقام منه ، ولكن الغرابة تكمن في أن يتحول النظام الرسمي الموكول إليه والمؤتمن على حماية أرواح الناس وممتلكاتهم  إلى عصابة مجرمة تدير وكرا للجريمة المنظمة في داخل المؤسسات الرسمية ، ولا يمكن لهم الاقدام إلى مثل هذه الممارسات الخارجة عن حدود العقل والشرع والقانون إلا إذا أمنوا العقاب وعلموا أن وراءهم  من يحميهم عن المساءلة والمحاسبة .

تواجه منظومة العدل في الصومال اختبارا كبيرا من حيث قلة القضاة المؤهلين وانعدام التمويل المالي والإداري واللوجستي ، وعدم وجود بيئة آمنة يستطيع القاضي في أداء واجبه بدون خوف على حياته وحياة المحيطين به ، أو يستطيع المتظالم من رفع قضيته ومظلوميته بحرية وعدم خوف من سوء العاقبة لأن هناك متاريس وعقبات تحول دونه ودون مبتغاه .

ومن الأخطاء الجسيمة التي تعاني منها منظومة العدل في الصومال عدم وجود إرادة سياسية تريد ارتقاء القضاء إلى مقامه ومكانه الصحيح واللائق به وابعاده عن تأثير الادارة التنفيذية على قراراته ، بل تريد الحكومة بقاء النظام العدلي تحت تصرفها وسيطرتها وأن لا يخرج عن يدها ، تُعين من القضاة من هو مستعد لتلبية طلباتها وتُقيل من لا يوافق هواها في ذلك   ، حتى يبقى سيفا مسلطا على رقاب من لا يوافق الحكومة في كيفية إدارة البلاد ، أو ينبري في انتقادها وإظهار عجزها في التقيد في بنود نظام الحكم وتحمل المسؤولية .

لم يكن القضاء الصومالي في وضع جيد منذ الاستقلال في عام ١٩٦٠م ، إلى اليوم ، بل كان يعانى مشاكل كثيرة ، ومع ذلك كان وضعه أفضل وأحسن بكثير مما آل إليه اليوم ، وقد ازدادت حاجة المجتمع الصومالي  إلى قضاء نزيه وعادل وشفاف بعد سقوط الحكومة  المركزية ، لأنه تم استيلاء واستحواذ كثير من ممتلكات الغير من عقارات وأراض زراعية ومباني خاصة وعامة وسيارات بدون سند ووجه شرعي ، ولا يمكن استعاذتها إلا عن طريق القضاء وعبر المحاكم ، ولكن يعاني هذا القضاء الضعيف أصلا فوضى عارمة تفوق عن الخيال .

ومن أغرب ما يجرى في سلك القضاء الصومالي هو تعيين واسناد مسؤولية  القاضي  من لم يمارس العمل القضائي في حياته أبدا أو لم يتدرب في معاهد التحكيم أو لم يحضر في الدورات التثقيفية لمن يريد الولوج في هذا المرتقى الصعب .

وأما انتشار الرشوة والمحسوبية في مجال القضاء ليس سرا بل هو حديث العامة والخاصة ، ولأجل المال الفاسد وما تقدمه سماسرة أورقة القضاء من عمولات ورشاوى للقاضي يقوم بتغيير حكم  القضية الواحدة عدة مرات تبعا لكثرة أو قلة الرشوة المقدمة إليه .

ومما يدل على صحة التهم الموجهة إلى القضاء ما أدلى به عمدة ومحافظ السابق للعاصمة الصومالية مقديشو  في لقاء تلفزيوني عندما سئل عن  أزمة القضاء وما يقال عن الأحكام التي تصدرها محاكم  العاصمة ، فقال : أي عدل تنتظر عن قاض لا يتجاوز راتبه الشهري ثلاثمائة دولار أمريكي ، ولا يأتيه بانتظام بل يتأخر ، وعنده ثلاث زوجات وأولادهن .

وفي بعض القضايا لا يتوقف الأمر على القاضي فقط بل هناك جهات أخرى كالشرطة والنيابة العامة والبحث الجنائي تزود القاضي المعلومات التي تساعده في التوصل إلى حكم صحيح ، وهذه بدورها تعاني مثل ما يعاني السلك القضائي من مشاكل .

الشكاية عن القضاء وممارساته المخالفة للدين والخلق السوي لا تقتصر فئة دون أخرى ، بل تمثل الوباء الشامل للجميع ، ولأجل ذلك يلجأ كثير من الناس في نشر مظالمهم وما يعتبرونه تعديا على حقوقهم على منصات ومواقع التواصل الاجتماعي من أجل تهييج الرأي العالم وكسب عواطفهم ، وقد تُصاب بالذهول عندما ينشر عضو في البرلمان الفيدرالي رسالة بالصوت والصورة في مواقع التواصل الاجتماعي يشتكي من أن أرضه ما زالت تحت مغتصبها ولا يجد من ينصفه عنه .

وليس معنى ذلك بأن كل القضاة فاسدون ومرتشون ، بل هناك صالحون طيبون لا يبيعون ضميرهم لمن يبذل لهم المال والرشوة ، ولا يقبلون التأثير عليهم ، ولا يجنحون إلى رغبات الجهاز التنفيذي ، بل يحذوهم العدل والانصاف وتحري الحق مهما كان صاحبه ، ولكنهم  قليلون ولا يجدون من يساندهم ويقف معهم أو قد لا يقبلون العمل وتولية منصب القضاء في الظرف الحالي .

وأخيرا تحتاج منظومة العدالة في الصومال إعادة النظر فيها، وتأسيسها من جديد ، واختيار كوادرها على أساس الكفاية ، وتأهيلهم وتدريبهم بصورة دورية ، ثم السعي إلى استقلالها وابعادها عن السلطة التنفيدية والتأثير السياسي  ليستعيد القضاء هيبته ومكانته بين المجتمع .

الدكتور عبد الباسط شيخ إبراهيم

ولد في دينسور في إقليم بأي ، ودرس الإبتدائية والاعدادية والثانوية في مدرسة 11 يناير في بيدوه، وحصل البكالوريوس والماجستير من الجامعة الإسلامية بالمدينة المنورة، والدكتوراه من جامعة المدينة العالمية في ماليزيا تخصص التعليم والدعوة

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