Sunday, October 3, 2010

Human rights defenders accuse state of complicity


By Gakuu Mathenge

Two High Court judges last week handed the Government stinging indictments over human rights abuse in rulings that raised serious questions about the integrity of the Office of the President.

The courts criticised the State over its failure to "protect, preserve and safeguard the interests of citizens" following the rendition of 13 Kenyans to Uganda over alleged links to July double bombings of Kampala's two restaurants by Somalia-based Al Qaeda surrogates, Al Shaabab.

Sabaot MP and member of the Defence and Foreign Relations Committee Eugene Wamalwa warns that the new Constitution has provisions for impeachment of the President for gross violations of the law.

"Whatever it is, the East African Community Treaty is yet to be ratified by Parliament, and even if it was, it does not sanction breaking Kenyan laws. Targeting and profiling Kenyan Muslims, abducting them on behalf of foreign governments is especially disturbing," Wamalwa said.

Safina Party Leader Paul Muite warned the Government and police against targeting and harassing Kenya Muslims.

"Experience the world over shows breaking laws in the name of fighting crime only breeds more crime" he says.

It is not clear who was running or directing the special Anti-Terrorism Police Unit, as Justice Minister Mutula Kilonzo, and Parliament have denounced the renditions.

"I am not aware of any renditions or extradition requests from Uganda. It makes mockery of our efforts to strengthen and reform the police force and Judiciary, at the same time send Kenyans to Uganda for trial over crimes committed in another country," Mutula argues.

In 2006 scores of Kenyans were arrested and handed over to the Ethiopian and Somali authorities on suspicions of terrorism. However, following protest by the Orange Democratic Movement leader Raila Odinga and pressure exerted on President Kibaki by Muslim leaders in the lead up to 2007 elections, those taken to Ethiopia were repatriated but they have never been charged with any crime.

Last year, UN's Special Rapporteur Philip Alston condemned Kenya police force for wanton extra-judicial killings of estimated 3,000 Kenyan youth in a three-year crackdown on the Mungiki sect members.

The special police units, among them the Anti-Terrorism Unit, have been accused of targeting Kenyan Muslims in the name of combating terrorism.

The state has exposed itself to ridicule and the Parliamentary Committee for Defence and Foreign Relations Committee has summoned Internal Security Minister George Saitoti, Foreign Affairs counterpart Moses Wetangula, AG Amos Wako and Police Commissioner Mathew Iteere to appear before it on Thursday to shed light on the renditions.

"The renditions are unlawful and an assault on the new Constitution. Suspects should be investigated, but the law has set standards and lawful means to handling suspects. We must fight attempts to re-introduce jungle methods of interrogation into our country," says the committee chairman Adan Keynan.

Source: The Standard | Online Edition

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