Images and videos shared by Somalia’s security agencies on social media often show individuals who have been arrested or detained by police.
While authorities may view such posts as part of public awareness or law enforcement efforts, the practice has sparked debate over the rights of detainees, privacy protections, and the limits of state power.
At the center of the discussion is the distinction between taking a photograph for official purposes and publishing that photograph to the public.
Law enforcement agencies may have legitimate reasons to photograph individuals in custody, including identification, record-keeping, evidence collection, or investigative procedures.
However, posting those images on social media is a separate matter that raises additional legal and ethical questions.
A person who has been arrested is not automatically guilty of a crime. Under the principles of due process and the presumption of innocence, guilt can only be established by a competent court after legal proceedings have taken place.
For that reason, publicly displaying a suspect’s photograph before a conviction may create the impression that the individual has already been found guilty, potentially damaging their reputation and undermining their right to a fair process.
Somalia’s Provisional Constitution recognizes the dignity and fundamental rights of every individual, including those who are arrested or detained.
These rights include being informed of the reasons for arrest, access to legal assistance, and protection under due process of law.
Detention does not strip a person of their basic rights, nor does it remove the obligation of state institutions to treat individuals with dignity and respect.
The issue becomes more sensitive when a detainee claims that a photograph was taken without consent or under coercion and later published on an official government platform.
In such circumstances, questions arise about whether the action was lawful, necessary, proportionate, and consistent with the protection of personal dignity and privacy.
Security agencies have an important responsibility to combat crime and maintain public safety.
The public expects law enforcement bodies to investigate criminal activity, apprehend suspects, and protect communities. Yet those powers must be exercised within the framework of the law and with respect for human rights.
Publishing a detainee’s image online can have long-lasting consequences. Once an image is shared on social media, it can spread widely and remain accessible even if the individual is later cleared of wrongdoing.
The impact may extend beyond the suspect, affecting family members, employment opportunities, community standing, and personal safety.
The ongoing debate highlights the need for clear policies governing the photographing and publication of images of people in custody.
Such policies should define when photographs may be taken, the legal basis for doing so, how images are stored, who may access them, and under what circumstances they can be released to the public.
Where allegations arise that photographs were taken or published improperly, independent review and accountability mechanisms are important to determine whether legal and procedural standards were followed.
Transparency in these cases can help strengthen public trust in law enforcement institutions.
Ultimately, the question is not simply whether police can photograph someone in custody.
The more important questions are why the photograph was taken, whether there was a lawful basis for doing so, whether publication served a legitimate public interest, and whether the rights and dignity of the individual were adequately protected.
Balancing public security with individual rights remains one of the most important challenges facing modern law enforcement.
Upholding both principles is essential to maintaining public confidence in the justice system and ensuring that the rule of law applies equally to everyone.