Criminal Penalties in Somalia
While you are traveling in Somalia, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. In some places you may be taken in for questioning if you don’t have your passport with you. In some places, it is illegal to take pictures of certain buildings. In some places, driving under the influence could land you immediately in jail. These criminal penalties will vary from country to country. There are also some things that might be legal in the country you visit, but still illegal in the United States, and you can be prosecuted under U.S. law if you buy pirated goods. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States. If you break local laws in Somalia, your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not wherever you go.
Persons violating Somalia’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Somalia are severe, and convicted offenders can expect jail sentences and heavy fines.
There is no organized system of criminal justice in Somalia, nor is there any recognized or established authority to administer a uniform application of due process. Enforcement of criminal laws is, therefore, haphazard to nonexistent. Locally established courts operate throughout Somalia under a combination of Somali customary and Islamic Shari'a law, some of which may be hostile towards foreigners.
Arrest notifications in host country: Based on the Vienna Convention on Consular Relations, bilateral agreements with certain countries, and customary international law, if you are arrested in Somalia, you have the option to request that the police, prison officials, or other authorities alert the nearest U.S. embassy or consulate of your arrest, and to have communications from you forwarded to the nearest U.S. embassy or consulate. However, this is unlikely to happen as there is no U.S. diplomatic representation in Somalia.
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