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06 April 2000
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6 April 2000
Kenyan law enforcement officials use torture on a 'widespread and systematic' basis, according to an expert of the United Nations Commission on Human Rights.
In a report to the current session of the Commission, the Special Rapporteur on torture, Sir Nigel Rodley, says he reached his conclusion after visiting the country last September. The Special Rapporteur says that 'a number of his official interlocutors acknowledged that there was a tradition in Kenya of physically rough treatment of suspects by the police.' However, he notes that 'it was apparent to him that such treatment routinely includes sustained beatings on all parts of the body with sticks, metal bars and lengths of rubber, leaving unmistakable signs of their use.'
According to the Special Rapporteur, he is 'disposed to believe that ministers and senior officials, including some at the most senior levels of the police force, may not be fully aware of the reality of the problem. However, in the light of the information conveyed to the authorities by himself and by international and local non-governmental organizations, the lack of such awareness may well reflect an unwillingness to look too closely at the problem.' He adds that 'this is because of an absence of effective monitoring procedures and is perhaps also attributable to a sense that it might be imprudent to look too closely. The result, however, is a general sense of impunity among those charge with investigating suspected criminal activities.'
The Special Rapporteur observes that 'the purpose of such beatings, which can only occasion intense pain and suffering, is generally to obtain information or confessions. Sometimes, it also appear to be a method of carrying out extrajudicial punishment.' He is also concerned by the fact that 'the prison system faces problems of extreme overcrowding and inadequate resources, making life for detainees positively harsh, well beyond that inherent in deprivation of liberty.'
The Special Rapporteur notes nonetheless that 'the Special Branch, which dealt with political and public order cases and whose propensity to employ the most gruesome methods of torture was notorious, has been disbanded.' He also points to the conscientious record-keeping in police stations which should permit any diligent monitoring body to assess whether someone is detained at variance with the requirements of the law.
To address the problem, the Special Rapporteur recommends, among other measures, that 'the Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and throughly investigated by a body capable of prosecuting perpetrators', that 'a body such as the Standing Committee on Human Rights should be endowed with the authority and resources to inspect at will, as necessary and without notice, any place of deprivation of liberty, whether officially recognized or suspected, to publicize its findings regularly and to submit evidence of criminal behaviour to the relevant prosecutorial body and the administrative superiors of the public authority whose acts are in question; reputable non-governmental organizations could be associated with these functions', and 'the period of police detention in capital cases (14 days) should be brought to into line with the normal 24-hour period applicable to persons suspected of other crimes.'
The Special Rapporteur's report (UN document E/CN.4/2000/9/Add.4) is based on his visit to Kenya from 20 to 29 September last year. Sir Nigel indicates that he received excellent cooperation from the Government and that he was given access to official institutions, including prisons and police stations in Nairobi, Nakuru and Garissa, whether on planned or unannounced visits.
However, the Special Rapporteur notes that the failure to grant him access to Kamiti Prison in Nairobi, the largest and most important prison in the country, remains a matter of concern, but did not prevent him from obtaining a reasonably clear picture as to the extent of problems within his mandate. During the visit he met with officials, alleged torture victims and representatives of civil society.
Kenyan law enforcement officials use torture on a 'widespread and systematic' basis, according to an expert of the United Nations Commission on Human Rights.
In a report to the current session of the Commission, the Special Rapporteur on torture, Sir Nigel Rodley, says he reached his conclusion after visiting the country last September. The Special Rapporteur says that 'a number of his official interlocutors acknowledged that there was a tradition in Kenya of physically rough treatment of suspects by the police.' However, he notes that 'it was apparent to him that such treatment routinely includes sustained beatings on all parts of the body with sticks, metal bars and lengths of rubber, leaving unmistakable signs of their use.'
According to the Special Rapporteur, he is 'disposed to believe that ministers and senior officials, including some at the most senior levels of the police force, may not be fully aware of the reality of the problem. However, in the light of the information conveyed to the authorities by himself and by international and local non-governmental organizations, the lack of such awareness may well reflect an unwillingness to look too closely at the problem.' He adds that 'this is because of an absence of effective monitoring procedures and is perhaps also attributable to a sense that it might be imprudent to look too closely. The result, however, is a general sense of impunity among those charge with investigating suspected criminal activities.'
The Special Rapporteur observes that 'the purpose of such beatings, which can only occasion intense pain and suffering, is generally to obtain information or confessions. Sometimes, it also appear to be a method of carrying out extrajudicial punishment.' He is also concerned by the fact that 'the prison system faces problems of extreme overcrowding and inadequate resources, making life for detainees positively harsh, well beyond that inherent in deprivation of liberty.'
The Special Rapporteur notes nonetheless that 'the Special Branch, which dealt with political and public order cases and whose propensity to employ the most gruesome methods of torture was notorious, has been disbanded.' He also points to the conscientious record-keeping in police stations which should permit any diligent monitoring body to assess whether someone is detained at variance with the requirements of the law.
To address the problem, the Special Rapporteur recommends, among other measures, that 'the Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and throughly investigated by a body capable of prosecuting perpetrators', that 'a body such as the Standing Committee on Human Rights should be endowed with the authority and resources to inspect at will, as necessary and without notice, any place of deprivation of liberty, whether officially recognized or suspected, to publicize its findings regularly and to submit evidence of criminal behaviour to the relevant prosecutorial body and the administrative superiors of the public authority whose acts are in question; reputable non-governmental organizations could be associated with these functions', and 'the period of police detention in capital cases (14 days) should be brought to into line with the normal 24-hour period applicable to persons suspected of other crimes.'
The Special Rapporteur's report (UN document E/CN.4/2000/9/Add.4) is based on his visit to Kenya from 20 to 29 September last year. Sir Nigel indicates that he received excellent cooperation from the Government and that he was given access to official institutions, including prisons and police stations in Nairobi, Nakuru and Garissa, whether on planned or unannounced visits.
However, the Special Rapporteur notes that the failure to grant him access to Kamiti Prison in Nairobi, the largest and most important prison in the country, remains a matter of concern, but did not prevent him from obtaining a reasonably clear picture as to the extent of problems within his mandate. During the visit he met with officials, alleged torture victims and representatives of civil society.