"The military court does not have legal jurisdiction over al-Shabab-related cases," said Laetitia Bader, Horn of Africa director for Human Rights Watch (HRW).
She said the system operates under an outdated 2011 presidential decree that declared a state of emergency in parts of Mogadishu vacated by al-Shabab.
"Although the state of emergency expired after three months, the military court has continued to try a range of defendants beyond those envisioned under the Military Code of Criminal Procedure," HRW wrote in a 2014 report challenging what it called the court's "absolute power."
Ali Halane, a Somali defense lawyer based in Mogadishu, also contends that military courts should not try defendants with alleged ties to al-Shabab or any other terrorist organization. He said the military justice system, set up in 1964, limits the court's jurisdiction to defendants who are members of the armed forces.
"These are civilians, citizens," Halane said of alleged al-Shabab defendants. "They have a right to be tried by courts trying civilians. And if they are fighting against the army, they should have access to a fair trial. They should find a neutral body."
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