Kenya
01.11.02
Urgent Interventions
OMCT expresses concern at violence against women in Kenya at 28th Session of CEDAW
OPEN LETTER TO THE PRESIDENT OF THE REPUBLIC OF KENYA
HIS EXCELLENCY MR. DANIEL T.ARAP MOI
Your Excellency,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, would like to express their deepest concern regarding the break-in of the offices of the “HUREDICA Violence Victims Organisation” NGO that occurred in Nakuru, on 26th of October 2002.
According to the information received from the Kenyan Human Rights Commission, five Criminal Investigation Department (CID) officers raided the offices of “HUREDICA Violence Victims Organisation,” alleging that the premises were being used to print counterfeit Kenyan currency. No evidence was later found related to this allegation. The officers confiscated documents and files containing crucial evidence on the ethnic violence reported by the organization. Despite the fact that apparently the CID has committed itself to returning the documents on 4th November, the Observatory is concerned about the use that can be made of the material they contained.
Moreover, the CID officers arrested three officials of “HUREDICA”: the acting Chairman, Mr. Kinuthia, the organising secretary, Mr. Joseph Kairo Mbugua and the Njoro area representative, Mr. John Ikuma Kariuki. They were later released after being interrogated for over six hours in a manner reportedly meant to intimidate them into abandoning any claims that they have filed against the government and individuals involved in violence acts.
The Observatory recalls that in the past, “HUREDICA” had already been the target of harassment; the first chairman of the organisation was forced into exile after persistent threats and intimidation.
The break in and subsequent arrest of the members of “HUREDICA” occurred seven days after the release, on 18th October, of a report made by a Commission of Inquiry called the “Akiwumi Commission” mandated by the President of the Republic on 1st July 1998 to investigate on politically instigated violence. The report heavily indicts the government, the law enforcement officers and the militaries for being responsible of numerous human rights violations that took place in the country between 1991 and 1998.
The Observatory fears that this break in may be linked to the cooperation of “HUREDICA” with the “Akiwumi Commission”. Indeed, “HUREDICA” documents property and lives lost by victims and survivors, evidence on the responsible and instigators of human rights violations and has filed claims against the government for compensation and resettlement.
This attack constitutes a flagrant obstacle to the rights of human rights defenders guaranteed by the UN Declaration on Human Rights Defenders, according to which, in particular “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level.” (article 1) and “everyone has the right, individually and in association with others, to offer and provide qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” (article 9.3.c).
The Observatory urges Kenyan’s highest authorities to:
i. Condemn this illegal search of a registered organisation, sanction those responsible and ask for the restitution of all documents confiscated during the break-in.
ii. Put an end to all forms of harassment against “HUREDICA” members, and more generally against Human Rights Defenders and attempts to discredit those who legally fight against impunity in Kenya;
iii. Ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998 in particular under article 1, which stipulates that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", article 12: “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration." and 9.3.c as mentioned above;
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Kenya.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki KABA
President of the FIDH
Eric SOTTAS
Director of the OMCT
HIS EXCELLENCY MR. DANIEL T.ARAP MOI
Your Excellency,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, would like to express their deepest concern regarding the break-in of the offices of the “HUREDICA Violence Victims Organisation” NGO that occurred in Nakuru, on 26th of October 2002.
According to the information received from the Kenyan Human Rights Commission, five Criminal Investigation Department (CID) officers raided the offices of “HUREDICA Violence Victims Organisation,” alleging that the premises were being used to print counterfeit Kenyan currency. No evidence was later found related to this allegation. The officers confiscated documents and files containing crucial evidence on the ethnic violence reported by the organization. Despite the fact that apparently the CID has committed itself to returning the documents on 4th November, the Observatory is concerned about the use that can be made of the material they contained.
Moreover, the CID officers arrested three officials of “HUREDICA”: the acting Chairman, Mr. Kinuthia, the organising secretary, Mr. Joseph Kairo Mbugua and the Njoro area representative, Mr. John Ikuma Kariuki. They were later released after being interrogated for over six hours in a manner reportedly meant to intimidate them into abandoning any claims that they have filed against the government and individuals involved in violence acts.
The Observatory recalls that in the past, “HUREDICA” had already been the target of harassment; the first chairman of the organisation was forced into exile after persistent threats and intimidation.
The break in and subsequent arrest of the members of “HUREDICA” occurred seven days after the release, on 18th October, of a report made by a Commission of Inquiry called the “Akiwumi Commission” mandated by the President of the Republic on 1st July 1998 to investigate on politically instigated violence. The report heavily indicts the government, the law enforcement officers and the militaries for being responsible of numerous human rights violations that took place in the country between 1991 and 1998.
The Observatory fears that this break in may be linked to the cooperation of “HUREDICA” with the “Akiwumi Commission”. Indeed, “HUREDICA” documents property and lives lost by victims and survivors, evidence on the responsible and instigators of human rights violations and has filed claims against the government for compensation and resettlement.
This attack constitutes a flagrant obstacle to the rights of human rights defenders guaranteed by the UN Declaration on Human Rights Defenders, according to which, in particular “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level.” (article 1) and “everyone has the right, individually and in association with others, to offer and provide qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” (article 9.3.c).
The Observatory urges Kenyan’s highest authorities to:
i. Condemn this illegal search of a registered organisation, sanction those responsible and ask for the restitution of all documents confiscated during the break-in.
ii. Put an end to all forms of harassment against “HUREDICA” members, and more generally against Human Rights Defenders and attempts to discredit those who legally fight against impunity in Kenya;
iii. Ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998 in particular under article 1, which stipulates that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", article 12: “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration." and 9.3.c as mentioned above;
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Kenya.
We thank you for your careful consideration in this matter.
Sincerely yours,
Sidiki KABA
President of the FIDH
Eric SOTTAS
Director of the OMCT