Catholic Information Service for Africa (Nairobi)
25 November 2008
Nairobi — UN Committee Against Torture has urged the Kenyan government to institute investigations, establish responsibilities and ensure compensation to family members or victims of torture and maltreatment perpetrated by state agents in its war against terrorism.
The Committee also faulted Kenya's immigration laws, saying they fall short of the principle of non-refoulement in relation to torture, as stipulated under Article 3 of the UN convention on Human Rights.
In its latest report, the Committee says the Immigration Act and Section 21 (1) of the Refugee Act (2006) have failed to capture this principle and would allow for the expulsion of refugees to areas where they could be tortured on the basis of national security.
While acknowledging Kenya's history as a host to many refugees in the region, the Committee expressed concern that current refoulement procedures and practices may expose individuals to the risk of torture.
Kenya should also take immediate steps to prevent acts of torture and ill-treatment of suspects in police custody and to announce a zero-tolerance policy of all acts of torture or ill-treatment by state agents or others working in their capacity.
The UN Committee has consequently given the government a one year ultimatum to file a detailed statistical data on the number of prosecutions and of any criminal and disciplinary actions taken against law enforcement agents found guilty of torture and ill-treatment of suspects in custody.
Other issues that the government was put to task on and urged to take action on are the incorporation of the definition of torture in the country's legal framework, reforms in the judicial system, raising the minimum age of criminal responsibility from the current eight years, prison reforms, excessive use of force by police during post-election violence, extra-judicial killings and disappearances, impunity and a lack of accessible complaint mechanisms among other issues.
The committee convened in Geneva, Switzerland, for its 41st session to discuss Kenya's initial report on efforts being taken to strengthen the country's legal and institutional framework to safeguard universal human rights protection. A coalition of NGOs had made submission to the committee regarding Kenya's report, which was presented by a delegation headed by Justice Minister Martha Karua.
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