Thesis

Assessing the Influence of the National Prosecution on Criminal Investigations in Somaliland: A Case Study of the Somaliland Prosecution Office

August 22, 2026

Abstract

This study examines the role and influence of the Somaliland Prosecution Office in overseeing criminal investigations, focusing on the institutional, legal, and practical dynamics that define prosecutorial oversight in the Republic of Somaliland. Despite constitutional and legal mandates particularly focus on the practical application of Article 12 of the Criminal Procedure Code which empower the Office of the Attorney General to direct police investigations, the actual implementation of prosecutorial supervision remains inconsistent and largely ineffective. The research addresses this gap by exploring how prosecutorial involvement shapes investigation quality, evidence reliability, and procedural fairness.

A qualitative descriptive methodology was employed, combining doctrinal legal analysis and semi-structured interviews with sixteen key stakeholders, including prosecutors, police officers, judges, and defense lawyers in Hargeisa. The findings reveal that while the legal framework grants prosecutors a supervisory role, in practice, they are often excluded from early investigative stages due to institutional constraints, resource limitations, and lack of coordination mechanisms. Furthermore, political interference and the absence of formalized inter-agency protocols significantly hinder prosecutorial independence and efficacy.

The study concludes that the prosecutorial function in Somaliland, though legally significant, remains underutilized due to systemic challenges and operational ambiguity. It recommends strengthening the legal enforcement of prosecutorial mandates, enhancing institutional capacity, promoting inter-agency collaboration, and safeguarding prosecutorial independence. These reforms are essential to ensure the rule of law, protect human rights, and improve the credibility of criminal justice in Somaliland.