The Kenyan human rights organisation Independent Medico-Legal Unit (IMLU) released its final report today on the gross human rights violations conducted both by the so-called Sabot Land Defence Forces (SLDF) and a joint police and military operation in the Mt Elgon area of Western Kenya. The report documents murder, rape, arbitrary and mass arrests, enforced disappearances, torture, destruction of property, and cruel and inhuman and degrading treatment and punishment of civilians. To download the report, click here. (27-AUG-08)
Based on the report´s executive summary, written by IMLU´s Executive Director Samuel Mohochi, this article has been edited and prepared for publication by HRH F / Niels Jacob Harbitz.
The Mt Elgon land problem has its origins in the colonial period. However, over the last two years, the Sabot Land Defence Force (SLDF), which came into being as a protest group against the land problem, has meted out atrocities – murder, rape, destruction of property – on the people of Mt Elgon. The problem had evolved beyond the initial land issues to include ethnicity and blatant criminal actions.
´Operation Okoa Maisha´
In March 2008, The Government responded to the SLDF atrocities by deploying a joint Military and Police operation. The Operation, dubbed “Operation Okoa Maisha” was meant to curb the activities of the SLDF and maintain peace and security in the area. However, the joint military operation has been conducted under the veil of secrecy and has resulted in mass arrests, enforced disappearances and subsequent prosecution of almost one thousand persons. Most of the persons arraigned have raised complaints of torture and exhibited injuries that remain to be accounted for by the state while many other residents who were not charged have complained of torture, cruel and human degrading treatment or punishment.
-It didn´t happen. Well, it was something else. No, I mean, it was justified
The government has on its part termed allegations of torture as propaganda and argued that no complaints have been lodged with relevant agencies. Government reaction has three stages, starting with saying torture did not happen, continuing by saying that what happened was something else, and finally saying that what happened was justified for the protection of national security or some other purpose. Currently denial, passivity, and indifference exist. The government through the Minister of Defence has alleged that the torture was perpetrated by the local residents a clear admission of acquiesce by the state in condoning torture.
Broad international support
The operation created a challenging situation to IMLU in its over ten years of existence in that the numbers of civilians alleging torture has been overwhelming far exceeding our annual caseload which averages 300. The special medical-legal documentation that IMLU has carried out was made possible by the generous support of the United Nations Voluntary Fund for victims of torture (UNVFT), the International Federation of Health and Human Rights Organizations (IFHHRO) and Amnesty International German section (AI). The report provides details of the independent field investigation carried out, and makes public findings by a team of medical, legal and psychological professionals involved in this exercise. The report also provides evidence collected from Mt Elgon, which can contribute to holding to account relevant agencies involved and bring to book individual perpetrators of the crime.
-In the interest of truth and justice: Investigate
It should be recalled that since the release of the preliminary report by IMLU on the same, a number of issues have emerged which the current report equally attempts to address, for example the reactionary inquiry by the minister of internal security and provincial administration/police, the inquiry by the parliamentary committee on defense and foreign relation and the reaction by the Attorney general. Finally, the report makes recommendations demanding for proper and conclusive investigations in the interest of truth and justice following this great misfortune. From the findings of the investigation, it is apparent that crime against humanity, which includes enforced disappearance, torture, cruel, inhuman and degrading treatment and punishment has been committed and continues to be committed on a civilian population that has been victim of similar atrocities by the SDLF for more than one year.
And next: the Committee Against Torture in Geneva
The survivors and families are yet to receive the acknowledgement that a crime has been committed upon them by both the state and the criminal militia and that justice in this instance has not only not been done but is not being seen to be done. IMLU´s report has been published taking into consideration all internationally accepted ethical and legal considerations in documenting torture and is backed by separate individualized medical examination report, photographs, witness statements and psychological assessment reports. These documents remain confidential documents and can only be used to facilitate access to justice. These findings shall notwithstanding be availed to various relevant international bodies, be included in the alternative report to the Committee Against Torture where Kenya’s initial report shall be examined in November 2008 in Geneva.
